California DMV REG 5 Form: Transfers Without Probate

The California DMV REG 5 form, officially titled the Affidavit for Transfer Without Probate, lets an heir move a deceased owner’s California-titled vehicle or vessel into their own name without going through probate court. You submit it to the DMV along with a certified copy of the death certificate, either in person at a local office or by mail.1California Department of Motor Vehicles. Title Transfers and Changes

What the REG 5 Is For

The REG 5 exists to solve one specific problem: a vehicle or vessel is titled to someone who has died, and an heir needs to put it in their own name. Rather than opening a probate case just to handle a car, California allows the heir to sign a sworn affidavit stating their right to the vehicle, and the DMV processes the title transfer administratively.1California Department of Motor Vehicles. Title Transfers and Changes

The form is narrowly focused. It handles the death-of-owner scenario and nothing else. If your situation is a gift, a family transfer between living people, a name correction, a smog exemption claim, or any other unusual circumstance, the REG 5 is the wrong form. That work is done on the REG 256, the DMV’s Statement of Facts.

“TRE 5” and Other Shorthand

“TRE 5” isn’t an official DMV form designation and won’t appear on the DMV’s forms page. It’s shorthand people use when talking about title transfers, and it usually points to either the REG 5 (for a deceased owner) or the REG 256 (for everything else). If someone told you to bring a “TRE 5” because a relative passed away and you need to transfer their car, the REG 5 is what you want.

How to Submit the REG 5

The REG 5 is filed together with supporting documents rather than on its own. At a minimum, you’ll need the completed and signed affidavit plus a certified copy of the death certificate.1California Department of Motor Vehicles. Title Transfers and Changes You can download the form from the DMV website or pick one up at any local office.2California Department of Motor Vehicles. Forms

You have two submission options. You can bring everything to any California DMV office in person, which lets you ask questions and get immediate confirmation the packet is complete. Or you can mail it to:

Department of Motor Vehicles
Vehicle Registration Operations
PO Box 942869
Sacramento, CA 94269-00013California Department of Motor Vehicles. Updating Your Registration Information

There’s no online option. Processing times vary from a few days to several weeks depending on the DMV’s current workload and the complexity of your paperwork. If something’s missing, the DMV will follow up asking for it.

The Signature Carries Real Weight

Like the REG 256, the REG 5 is signed under penalty of perjury. Perjury in California is a felony that can result in up to four years in state prison. That may sound heavy for a DMV filing, but it’s the reason the DMV can accept the affidavit at face value instead of demanding a probate order. If you sign an affidavit claiming you’re the rightful heir when you aren’t, or you conceal other heirs with a competing claim, the perjury declaration is exactly what the state relies on.

Before you sign, be certain of what you’re attesting to: that the owner is deceased, that you have the right to the vehicle under California succession law, and that the facts on the form are true.

Fees and Use Tax

The REG 5 itself has no filing fee, but the underlying title transfer does. A standard California vehicle title transfer carries a $15 transfer fee.4California Department of Motor Vehicles. Calculate My Fees If the transfer is filed late, expect an additional $15 penalty.

Use tax is the bigger cost to think about on most private-party transfers, calculated at your local sales tax rate, which varies by city and county but generally falls between 7.25% and over 10% in some areas. Inheritances are among the categories the DMV recognizes for use tax exemption, and that exemption is claimed on the REG 256 (Section A), not the REG 5. If you’re doing a REG 5 transfer, include a REG 256 in the packet claiming the inheritance exemption so you don’t get charged tax you don’t owe.

When You Need a Different Form Instead

A few situations that look like REG 5 territory actually aren’t:

  • The owner is alive but wants to give you the car. That’s a gift transfer, handled on the REG 256 with “gift” written on the back of the title where the price would go.5California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Transactions Not Subject to Use Tax
  • The estate is going through probate anyway. In that case, the executor transfers the vehicle under the probate order, not the REG 5.
  • The vehicle’s value or the estate’s size exceeds what California allows for a small-estate affidavit transfer. If you’re unsure whether you’re within the limit, ask a probate attorney before signing.
  • The car is titled out of state. The REG 5 works for California-titled vehicles and vessels; a title from another state is handled through that state’s process first.

If the situation is clearly a death-of-owner transfer of a California-titled vehicle, the REG 5 with a certified death certificate and a $15 transfer fee is the whole picture. Add a REG 256 to claim the inheritance use tax exemption, and the packet is complete.