If you are reading this, you have probably lost someone. And somewhere on the long list of things you now have to figure out, there is a car.
Maybe it is sitting in a driveway. Maybe the registration is about to expire. Maybe you are not even sure where the title is. And the last thing you want to do right now is become an expert on California DMV paperwork.
This guide will walk you through everything: how to transfer the title, when you need probate (and when you do not), and what to do with the car once it is in your name. I wrote it because I buy cars from people in this exact situation all the time, and I have seen how much unnecessary stress the process creates when people do not have clear answers.
First Things First: Understand Your Options
You have three choices with an inherited car:
Keep it. Transfer the title into your name and register it. Makes sense if the car is something you or a family member will use.
Donate it. Transfer the title and donate to a charity for a tax deduction. Good option if the car is not worth much.
Sell it. Transfer the title, then sell privately, to a dealer, or to a licensed car buyer. This is what most people do, and what this guide focuses on.
Transferring the Title Without Probate (Form REG 5)
Here is the good news: you probably do not need probate. California makes it relatively easy to transfer a vehicle after someone passes. The DMV has a specific form for this: REG 5, officially called "Affidavit for Transfer Without Probate, California Titled Vehicle or Vessels Only."
Requirements
All of the following must be true:
- 40 days have passed since the date of death. California law requires this waiting period.
- The vehicle is titled in California. Out-of-state titles have to be handled through that state's process first.
- The estate's non-vehicle assets do not exceed $208,850 (as of April 1, 2025). Vehicles are specifically excluded from this calculation under Probate Code Section 13050. So even if the car is worth $40,000, it does not count toward the threshold.
- No probate proceeding is pending or planned.
- You are legally entitled to the vehicle as a surviving spouse, heir, will beneficiary, or trustee.
Documents You Need
Gather these during the 40-day waiting period:
- Certified copy of the death certificate. Must be original or certified. The DMV will not accept photocopies.
- California Certificate of Title (the "pink slip"). Sign the deceased owner's name on line 1 and countersign below it.
- Completed REG 5 form. Download from the CA DMV website.
- REG 256 (Statement of Facts) if claiming a use tax or smog exemption.
- Smog certificate unless the car is exempt.
- Odometer disclosure (REG 262) if the vehicle is under 10 years old.
- Copy of the will (if one exists) showing you as beneficiary.
- REG 166 (Lien Release) if the vehicle had a paid-off loan.
If the title is lost, file a REG 227 (Application for Duplicate Title) at the same time. Cost: $23.
Step by Step
- Wait 40 days. Use this time to gather your documents.
- Complete the REG 5 form. Fill in the vehicle information, the deceased person's name and date/place of death, and your relationship.
- Sign the title. Sign the deceased owner's name on line 1, countersign below, and complete the new owner section on the back.
- Submit to the DMV. In person, by mail, or through the DMV's Virtual Office at dmv.ca.gov.
- Pay the fees. Transfer fee is $15. Late penalty of $15 if you wait more than 30 days after the waiting period ends.
When Probate Is Required
The REG 5 process will not work in every situation. You may need probate if:
- The estate's non-vehicle assets exceed $208,850.
- Multiple heirs are disputing ownership and cannot agree.
- The vehicle has an out-of-state title.
- There are creditor claims against the estate that exceed its assets.
If probate is required, the personal representative will need Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) from the court.
Special Situations
Surviving Spouse or Joint Ownership
If the title has "or" between the names, the surviving owner does not need the REG 5. Ownership passes automatically. Just bring the title and death certificate to the DMV.
If the title has "and" between the names, the surviving owner will need to use the REG 5 process to remove the deceased person's name.
Vehicle in a Trust
If the car was titled in a revocable living trust, the successor trustee can transfer it directly. No probate, no REG 5. Provide a Certificate of Trust and sign the title transfer.
Transfer on Death (TOD) Beneficiary
If the deceased designated a TOD beneficiary on the title, the named beneficiary can transfer the vehicle by presenting the title, a death certificate, and a REG 256 to the DMV. No waiting period, no estate value threshold.
Lost Title
File a REG 227 at the same time as your other paperwork. The DMV can process both together. Cost: $23.
Car Still Has a Loan
If the loan was paid off, get a REG 166 (Lien Release) from the lender. If the loan is still outstanding, you will need to pay it off, refinance, or work with the lender. The title cannot transfer with an active lien unless the lender agrees.
Out-of-State Title
REG 5 only applies to California-titled vehicles. Handle the transfer in the other state first, then register in California. An experienced dealer can often help navigate the multi-state paperwork.
Now That You Have the Title: How to Sell
Once the title is in your name, you have the same options as anyone selling a car. But your situation is different. You may not know much about the vehicle. You may not have time to deal with buyers. You may just want it done.
Option 1: Sell Privately
Upside: Highest potential price. Downside: Takes 2-4 weeks and 10-30 hours. You have to deal with strangers, lowballers, and scam messages. And you have to know something about the car to answer buyers' questions.
Option 2: Trade In at a Dealership
Upside: Convenient. One trip. Downside: Trade-in offers are typically 20-30% below market value.
Option 3: Sell to CarMax or Carvana
Upside: Fair pricing, straightforward process. Downside: You have to go to them (or schedule a pickup). Neither handles title complications well. Probate issues, liens, or missing titles may cause them to reject the vehicle.
Option 4: Have Someone Come to You With a Firm Offer
This is what I do. I am a licensed dealer and licensed dealer. I come to your home, inspect the vehicle, and present you with an firm offer, guaranteed to match or beat any CarMax offer. Guaranteed to match or beat what CarMax would offer location. If the number works for you, I write you a check on the spot.
The difference for families handling an inherited car: I deal with the title complications. Missing title, lien issues, probate paperwork, joint ownership, out-of-state registration. I have been doing this for over 30 years and have handled thousands of these situations.
You do not have to know anything about the car. You do not have to take photos or write a listing or meet strangers. You do not even have to leave the house.
Why Inherited Cars Are Different
I want to acknowledge something that most car-selling guides skip entirely. Selling an inherited car is not the same as selling a car you are done with. There is grief involved. There may be guilt about selling something that belonged to someone you loved. There may be family disagreements about what to do. And all of this is happening while you are handling a funeral, an estate, finances, and a hundred other things.
The car is often one of the first tangible assets families have to deal with after a death. It is sitting in a driveway, the registration is ticking, and everyone knows something needs to happen but nobody has the bandwidth.
That is exactly why I do what I do. I come to you, so you do not have to go anywhere. I explain the process in plain English. I give you a firm number backed by CarMax data. And if you are not ready today, the offer is good for 7 days and there is no pressure.
If you are dealing with an inherited car in Ventura County or the San Fernando Valley, call or text me. I will come to you, walk you through your options, and if you want to sell, I will handle everything from the title transfer to the check.
The price I quote is the price you get.
Frequently Asked Questions
How do I sell a dead person's car in California?
First, transfer the title into your name using DMV Form REG 5 (if no probate is needed) or through the probate court. You will need a certified death certificate, the California title, and to wait at least 40 days. Once the title is in your name, you can sell the car privately, to a dealer, or to a licensed car buyer who comes to you.
Do I need probate to transfer a car title in California?
Usually not. California's REG 5 process lets you transfer a vehicle without probate if 40 days have passed since the death, the vehicle is titled in California, and the estate's non-vehicle assets do not exceed $208,850. Vehicles are specifically excluded from that calculation.
What is the REG 5 form?
REG 5 is the California DMV's "Affidavit for Transfer Without Probate." It is a one-page form where you certify under penalty of perjury that you are entitled to the vehicle, that 40 or more days have passed since the death, that no probate is pending, and that the estate qualifies.
How long do I have to wait to transfer an inherited car?
You must wait at least 40 days after the date of death before you can use the REG 5 process. After that, complete the transfer within 30 days to avoid a $15 late penalty.
Can I sell an inherited car without transferring the title first?
Technically, yes. You can transfer from the deceased directly to a buyer at the DMV at the same time. You will pay two transfer fees ($15 each). But most private buyers are hesitant. A licensed dealer can handle this paperwork without issue.
What is the estate value limit for the REG 5 transfer?
As of April 1, 2025, the estate's non-vehicle assets must not exceed $208,850. Vehicles, boats, mobile homes, and manufactured homes are excluded from this calculation. Even an expensive car does not count toward the threshold.
What if the inherited car has a lien or loan?
If the loan has been paid off, get a lien release (Form REG 166) from the lender. If the loan is still outstanding, you will need to pay it off, refinance, or work with the lender. In some cases, selling to a licensed dealer who can handle the payoff directly is the simplest path.
What if I inherited an out-of-state titled car?
The REG 5 process only works for California-titled vehicles. If the car has an out-of-state title, transfer it through that state's process first, then register in California. A licensed dealer experienced with title transfers can often navigate this for you.
This guide is for informational purposes and reflects California law as of March 2026. Estate situations vary. For complex estates or disputes, consult a probate attorney.