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How to Transfer a Car in California Probate: 8 Key Tips

By July 24, 2025September 30th, 2025No Comments
Transfer a Car in California Probate

Table of Contents

  • Key Takeaways
  • What Is Probate and Why Does It Matter for Vehicle Transfers?
  • 8 Tips for Transferring Cars in a California Probate
  • Can You Transfer a Car Without Probate in California?
  • Tips for Transferring Car Titles in a California Probate
  • Related Resources
  • FAQ
  • How The Grossman Law Firm Can Help

Key Takeaways

  • Heirs can often transfer vehicles without probate if the estate qualifies under California law.
  • The DMV has specific rules and forms for transferring a vehicle from a deceased person’s name.
  • The Grossman Law Firm can help you determine whether the estate qualifies and guide you through the process.

What Is Probate and Why Does It Matter for Vehicle Transfers?

Probate is the legal process of administering a deceased person’s estate under court supervision. In California, this process involves verifying the will (if one exists), identifying heirs and beneficiaries, settling debts, and distributing assets.

When it comes to vehicles, probate determines whether a court order is required before transferring the title. If the estate is large or complex, the probate court typically oversees the process, and the executor (or administrator) has the authority to sign off on transfers.

However, California law provides a small estate procedure under Probate Code § 13100. If the estate qualifies, heirs may transfer certain assets—such as cars—without going through a complete probate process. Instead, they can use an affidavit and supporting documents through the DMV.

Understanding whether probate is required is critical. If you transfer a car improperly, you risk delays, legal disputes, or rejection by the DMV. An experienced probate litigation attorney can help ensure that transfers are done correctly and in compliance with California law.

8 Tips for Transferring Cars in a California Probate

  1. Confirm whether the estate qualifies as a small estate under Probate Code § 13100.
  2. Obtain a certified copy of the death certificate.
  3. Verify whether the vehicle was co-owned and whether survivorship rights are applicable.
  4. Locate the California Certificate of Title for the vehicle.
  5. Complete the Affidavit for Transfer Without Probate (REG 5) if eligible.
  6. Provide all required signatures from surviving co-owners or heirs.
  7. Pay any outstanding registration fees or penalties.
  8. File the completed documents with the DMV to finalize the transfer.

Can You Transfer a Car Without Probate in California?

Yes. California allows vehicle transfers outside of probate under certain conditions. If the estate is small and meets the legal requirements, the DMV permits title transfer without court oversight.

This process can save time and reduce costs for families. The Grossman Law Firm assists California heirs in understanding which assets require probate and guides them through the proper steps to transfer those assets legally and efficiently.

Tips for Transferring Car Titles in a California Probate

  • The heir must sign the deceased’s name and countersign on Line 1 of the California Certificate of Title.
  • Power of attorney is not permitted when completing the Affidavit for Transfer Without Probate.
  • Only the most recently deceased joint owner’s affidavit is required for transfer.
  • Provide certified death certificates for all deceased owners listed on the title.
  • A living co-owner must provide a releasing signature to complete the transfer.
  • Only one transfer fee applies when the car is re-registered in the name of the heir.
  • A second transfer fee applies if re-registering in someone else’s name.
  • Past due registration fees and penalties must be paid at the time of transfer.

Related Resources

FAQ: Transfer a Car in California Probate

Do I need a court order to transfer a car in a California probate proceeding?

Not always. If the estate qualifies as a small estate under California Probate Code § 13100, you may transfer the car with a DMV affidavit and supporting documents.

Can I transfer the car without being the executor of the estate?

Yes, as long as you’re the rightful heir and meet DMV requirements for small estate transfers.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation.

If you’re unsure how to transfer a vehicle after a loved one’s death—or whether probate is required—we can evaluate your situation and guide you through the process.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you.

Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.