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Home Page >> Publications >> Vehicle Registration Brochures >> Transfer a Vehicle without Probate

Transfer a Vehicle without Probate

In a transfer without probate, the decedent's heir may transfer title or interest of the vehicle if the estate is not going through probate or awaiting probate of a will.

Affidavit for Transfer Without Probate (REG 5) may be completed without Letters of Administration, or Testamentary Letters. Transfer Without Probate may be done only for vehicles registered in California.

What You Will Need to Do

To transfer vehicle ownership, the following items must be submitted to the Department of Motor Vehicles:

  • California Certificate of Title.
  • Affidavit for Transfer Without Probate (REG 5).
  • Statement of Facts (REG 256) complete the applicable sections.
  • Odometer Disclosure Statement.
  • The transfer fee.

An additional transfer fee will be due if the vehicle is to be registered to other than the heir. Registration fees due will depend on the registration status of the vehicle.

California Certificate of Title

For information on how to fill out this form please refer to, How To Change Vehicle Ownership.

How Do I Show Releasing Signature of Deceased Owner?

If you are the heir signing the Affidavit for Transfer Without Probate (REG 5), you must sign the decedent's name and countersign with your own signature on line 1 of the Certificate of Title.

How Soon Can I Transfer Ownership?

A transfer without probate may be submitted no sooner than 40 days after the date of owner's death. However, if the registration expires within the 40-day period, renewal fees should be deposited to avoid penalties.

Will I Need a Smog Certification?

Transfers between parents and their children, between husband and wife, between grandparents and their grandchildren, are exempt from the transfer smog certification requirements. However, if registration is due, a biennial smog certification may be required and must be sub mitted with the transfer application.

What About Fees?

There is a fee to transfer vehicle ownership.

If the vehicle is not currently registered, and a Notice of Planned Non-Operation (REG 102) is not on file with the DMV, you may be held responsible for past due registration fees and penalties.

Fees due will depend on the registration status of the vehicle. When you submit your application to the DMV, fees will be determined.

For further information regarding Planned Non-Operation and vehicle registration, see Reporting Vehicle Status.

Reclassification of Vehicle

Upon change of ownership, the department reclassifies the vehicle value and determines the appropriate Vehicle License Fee based on the purchase price or current market value of the vehicle. Unless this is a family transfer, your vehicle will be reclassified.

HTVR-2/LU 03-18-02