CA DMV Affidavit for Transfer Without Probate: REG 5, Fees, and Filing

California’s DMV affidavit for transfer without probate, Form REG 5, lets an heir or named beneficiary move a deceased person’s vehicle into their own name without opening a probate case. It works only when the decedent’s California estate is small enough to qualify and at least 40 days have passed since the date of death. For deaths on or after April 1, 2025, the estate value cap is $208,850.¹ What follows walks through who can sign, when a different process applies, what to bring, how to complete the paperwork, what it costs, and the obligations that come with taking title this way.

Who Can Use the REG 5

Three conditions have to line up. At least 40 days must have passed since the registered owner died.² The gross value of the decedent’s California real and personal property, excluding assets listed in Probate Code Section 13050, cannot exceed $208,850 for deaths on or after April 1, 2025.¹ And no probate proceeding can be pending or completed in California for the estate.

The vehicle itself does not count toward that value cap. Neither do assets held in joint tenancy, property in a revocable trust, life insurance proceeds, multi-party bank accounts passing to a surviving party, or community property going directly to a surviving spouse.³ Estates that look large on paper often clear the threshold once these exclusions come off.

You also have to be one of the following to sign the affidavit:

The sole heir under California’s intestate succession rules (Probate Code Sections 6401 and 6402)
A beneficiary named in the decedent’s will who is entitled to the vehicle
A successor under the Probate Code’s general intestate succession rules
The trustee of a trust where the next of kin are the primary beneficiaries

The affiant signs under penalty of perjury and declares, among other things, that the decedent’s unsecured creditors have been paid or otherwise discharged. That declaration carries real consequences, which the debt section below covers.

When the REG 5 Is Not the Right Form

A few situations look like small-estate transfers but call for something else.

Jointly titled vehicles. If the title connects two owners with “or” or “and/or,” the surviving co-owner brings the death certificate and existing title to the DMV. No 40-day wait, no REG 5. Titles that use “and” between names are more complicated, and the survivor should contact the DMV for instructions.

Out-of-state titles. The REG 5 works only for vehicles already titled in California.² If the last title was issued by another state, transfer it there first, then bring it to California.⁴

Vehicles with outstanding loans. A lienholder listed on the title doesn’t block the transfer, but any new title will still show the lien until you pay the loan off and get a lien release, or arrange with the lender to assume the debt. If the balance is substantial, talk to the lender before starting the DMV paperwork.

What to Gather Before You Start

Missing one document sends you home. Get everything together first:

A certified copy of the death certificate
The California Certificate of Title (pink slip); if it’s lost, file an Application for Replacement or Transfer of Title (REG 227) to get a duplicate⁵
The vehicle registration card
The completed REG 5 form itself, from any DMV office or the DMV website
A Statement of Facts (REG 256) to document the use tax exemption⁴
An odometer disclosure statement for any vehicle from model year 2011 or newer; federal rules keep 2011-and-later vehicles under the disclosure requirement until they’re at least 20 years old, so every such vehicle transferred in 2026 still needs one. Model year 2010 and older are exempt.⁶
Smog certification or the smog transfer fee, depending on the situation (see below)

You’ll also need the new owner’s full legal name, current address, and driver’s license number.

Completing the REG 5

The form is short, but the declarations on it are sworn statements. Section 1 asks for VIN, license plate, make, and the date and place of death. You then affirm under penalty of perjury that the estate qualifies and that 40 days have passed.

Check the box that matches your actual relationship to the decedent: sole heir, beneficiary under a will, successor under intestate succession, or trustee. If you’re unsure which category fits, Probate Code Sections 6401 and 6402 set the priority order.

The form does not require notarization; your signature and date certify it under penalty of perjury.² The simplicity is deceptive. You’re swearing to the estate’s value, your right to inherit, and the status of creditors, and false statements can support a perjury charge.

Endorsing the Title

Title endorsement is where most people stumble. On the front of the Certificate of Title, sign the deceased registered owner’s name on line 1a, then sign your own name directly below as the person authorized to release ownership.² Those two signatures together release the decedent’s interest.

Flip the title over. Fill in the new owner section with your legal name, address, and driver’s license number. If the odometer disclosure appears on the title, complete it there. Sign and date the new owner section. A replacement title obtained through the REG 227 process is endorsed the same way.

Fees, Smog Check, and Use Tax

You’ll pay a $15 transfer fee, and a $28 title fee may apply for title-only transactions.⁷ If the vehicle’s registration is expired or nearly expired, add renewal fees to the same submission.

California generally requires a smog check on ownership transfers, but transfers between immediate family members are exempt.⁸ Most REG 5 transfers involve close relatives and skip the smog check on that basis. If you’re a friend named in the will rather than a family member, you’ll need a current smog certificate. Additional exemptions apply to gasoline vehicles from model year 1975 and older, diesel vehicles from model year 1997 and older, electric vehicles, and motorcycles. Vehicles four model years and newer skip the smog check but still owe a smog transfer fee.

Inherited vehicles are not subject to California use tax.⁴ The REG 5 itself documents the exemption, and the DMV may also ask for a Statement of Facts (REG 256).

Submitting the Package

You can submit everything at a DMV field office or mail it to DMV headquarters in Sacramento. In-person visits catch errors on the spot; mail spares you the wait. Mailed submissions need a check or money order for the fees.

Include:

The completed REG 5
The endorsed Certificate of Title (or REG 227 if the title is missing)
A certified death certificate
The Statement of Facts (REG 256) for the use tax exemption
An odometer disclosure, if the vehicle is model year 2011 or newer
A smog certificate, if your situation requires one
Payment for transfer, title, and any registration renewal fees

After processing, the DMV mails a new Certificate of Title in your name. Mail submissions can take several weeks.

What You Take On With the Debts

Signing the REG 5 and receiving the vehicle makes you personally liable for the decedent’s unsecured debts.⁹ Creditors can pursue you the same way they could have pursued the decedent. You can raise any defense the decedent would have had, and creditors cannot enforce claims already expired under the Probate Code’s deadlines. Your liability is capped at the value of what you received through the affidavit.

That cap keeps things manageable in most cases, but it’s not nothing. If the decedent had significant credit card balances, unpaid medical bills, or other unsecured obligations, weigh those against the vehicle’s value before you sign. When debts likely exceed the vehicle’s worth, formal probate, where a court sorts out creditor claims, may be the better path.

Insurance Before You Drive

California requires liability insurance on every vehicle driven on public roads. The decedent’s policy typically terminates at death or shortly after, though some insurers extend a brief grace period. Do not assume you’re covered. Call the insurer to confirm, and put your own policy in place before driving the vehicle. If you plan to leave it parked until the title transfer clears, file for planned non-operation with the DMV to avoid registration penalties during that window.

Your Cost Basis for Tax Purposes

When you inherit a vehicle, your federal cost basis is generally its fair market value on the date of death, not what the decedent originally paid.¹⁰ This is the stepped-up basis rule. If a truck cost the decedent $45,000 and was worth $18,000 at death, your basis is $18,000. Sell it later for $20,000 and your taxable gain is $2,000.

One exception: if you or your spouse gave the vehicle to the decedent within one year before death and it had appreciated in value, you don’t get the step-up. Your basis reverts to the decedent’s adjusted basis just before death.¹⁰ Vehicles usually depreciate, so this rarely bites.

Almost every estate that qualifies for the REG 5 falls far below the federal estate tax filing threshold, which is $15 million for 2026.¹¹ If the estate doesn’t owe federal estate tax, Form 706 reporting for the vehicle isn’t a concern.

1
Judicial Council of California. DE-300 Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration
2
California State Department of Motor Vehicles. 11.065 Estate Valued at $150,000 or Less
3
California Legislative Information. California Probate Code 13050
4
California Department of Motor Vehicles. 4.035 Transactions Not Subject to Use Tax
5
California Department of Motor Vehicles. Application for Replacement or Transfer of Title REG 227
6
eCFR. 49 CFR Part 580 Odometer Disclosure Requirements
7
California State Department of Motor Vehicles. Registration Fees
8
Bureau of Automotive Repair. Smog Check – When You Need One and Whats Required
9
California Legislative Information. California Probate Code 13109
10
Internal Revenue Service. Publication 551, Basis of Assets
11
Internal Revenue Service. Whats New Estate and Gift Tax