Ever wonder how title to a person’s car is transferred after they have passed? Believe it or not, the State of California has made it a rather straight forward process.
So how easy is it to transfer a car at someone’s death? Well, it all depends on whether the deceased person’s estate is being probated or not.
Transfer With Probate
If the estate of the Decedent is being probated, then the Administrator of the estate must submit the following documents to the California Department of Vehicles:
- California Certificate of Title for the vehicle;
- Document authorizing the transfer (some examples include: such as a court order, Letters Testamentary, Letters of Administration, Letters of Administration with Will Annexed, or Letters Special Administration);
- Statement of Facts Form REG 256;
- An odometer disclosure statement for vehicles less than 10 years old completed on the California Certificate of Title or Vehicle/Vessel Transfer and Reassignment Form (REG 262) (not available online); and
- Fees for transfer of ownership and, if due, registration renewal and use tax.
Transfer Without Probate
If the estate of the Decedent is not being probated, then a loved one may transfer the vehicle by completing an Affidavit for Transfer Without Probate California Title Vehicle or Vessels Only Form REG 5 if 40 days has passed since the decedent’s death.
Who can submit this title change request?
- Person who succeeded to the property of the decedent.
- Conservator or guardian of the property of the person who succeeded to the property of the decedent.
- Beneficiary under the decedent’s last will and testament.
- Trustee, under a trust agreement by the deceased, in which the primary beneficiaries are the next of kin.
If you would like more information on contact our office for a free consultation (818) 649-9110.