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By: Scott Grossman on April 10th, 2018

What do I need to submit to the DMV in order to transfer a vehicle without the oversight of the California probate court?

In certain situations, the person administering an estate in California may be able to avoid formal oversight of the probate court. These situations only apply under certain circumstances. It is therefore vital that you consult with an experienced San Diego probate lawyer for guidance in administering an estate.

When attempting to transfer a vehicle title without involving the probate court, applicants must provide the following to the DMV:

  1. First of all, a California Certificate of Title is completed and signed by the heir.
  2. Also, a completed Statement of Facts.
  3. Furthermore, a disclosure statement relating to the odometer if the vehicle is less than 10 years old. This can be done by entering the mileage on the California Certificate of Title. This can be entered in the section designated for disclosure of the odometer reading.
  4. Additionally, payment for all applicable fees.
  5. Also, a completed Affidavit for Transfer Without Probate-California Titled Vehicles or Assets Only.
  6. If the registration is due at the time, a biennial Smog Certification may be required.
  7. In conclusion, if the transfer is between parents and children, husband and wife, grandparents and grandchildren, domestic partners, and siblings, and if registration is not due, the Smog Certification is not required.

To learn more about administering an estate, view our article, San Diego Estate Planning Attorney: CA Probate Process Explained. If you are still wondering how you can transfer a vehicle without the oversight of the probate court or need assistance through the probate process, contact an experienced San Diego probate court lawyer today. Feel free to call our toll-free number at (888) 443-6590 for a consultation or contact us via our quick and easy online form. It would be our pleasure to further assist you.

Probate (noun):

The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California.

Heir (noun):

A person is legally entitled to the property of another on that person’s death according to Intestacy laws. It can also be according to a will, trust, deed, or some other binding legal document.