REG 5 — taking over a deceased owner's car without probate.
When the owner of a California-titled car dies and the estate is small, the car doesn't have to wait for probate. REG 5, the Affidavit for Transfer Without Probate, lets the people entitled to it take it over, with a copy of the death certificate, once at least 40 days have passed. The catch is in the sworn statements: no probate, debts paid, and an estate in California worth no more than $184,500 for deaths on or after April 1, 2022. Here is what the form requires and who can sign it.
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Quick Answer
- What is a REG 5 form?
- The California DMV's Affidavit for Transfer Without Probate, for California-titled vehicles and vessels only (Rev 12/2024). It lets the people entitled to a deceased owner's car transfer it without a probate proceeding, under Vehicle Code §§ 5910 and 9916 and the Probate Code. A copy of the death certificate is required, and the affidavit is signed under penalty of perjury.
- How long do I have to wait to use REG 5?
- At least 40 days must have passed since the owner's death. You also swear that there's no probate proceeding, that any unsecured creditors have been paid, and that the estate is within the value limit.
- What is the value limit for REG 5?
- The decedent's real and personal property in California, excluding certain property listed in Probate Code §§ 13050 and 13051, must not exceed $166,250 if the owner died before April 1, 2022, or $184,500 if they died on or after that date.
Four conditions before you sign
Each one is a sworn statement on the form, not a box to tick lightly.
- 140 days have passedSince the owner's death, and there's no probate in California.
- 2Debts are settledNo unsecured creditors, or they've been paid or their claims discharged.
- 3The estate is smallUnder $184,500 in California ($166,250 for deaths before April 1, 2022).
- 4You're entitledAs heir, will beneficiary, trustee, or conservator or guardian of the heir's estate.
What REG 5 Does
REG 5 is a sworn affidavit that replaces probate for one asset: a California-titled vehicle or vessel. The form cites the law behind it at the top: Vehicle Code §§ 5910 and 9916, and Probate Code §§ 6401, 6402, 13050, 13051, 13100 and 13109 through 13113. Section 1 identifies the vehicle (VIN or hull ID, plate or CF number, year and make) and the decedent, with the date and place of death, and it says plainly: "Copy of Death Certificate Required."
It is for California titles only. The DMV's title transfers page puts it in context: for a deceased owner, an heir "may transfer with death certificate and Affidavit for Transfer without Probate (REG 5) (value limits apply)." It works alongside the usual transfer paperwork, and the DMV's rule that a change of ownership must be reported within 10 days applies to the transfer itself.
What You Swear to on REG 5
Section 1 of the form, Rev 12/2024, read on 21 October 2026.
| Statement | What it means |
|---|---|
| The decedent left no other property needing probate | The car isn't part of an estate that has to go through probate |
| No probate proceeding has been or is being conducted in California | If probate is open, REG 5 is not the route |
| No unsecured creditors, or they've been paid or discharged | Debts without security come first |
| At least 40 days have passed since the death | Count from the date of death on the certificate |
| California property worth no more than $184,500 | For deaths on or after April 1, 2022; $166,250 before. Excludes property in Probate Code § 13050 and any in a § 13051 petition |
| No one has a better right to the vehicle | You're the person, or among the people, entitled to it |
All information on the form is mandatory, according to its privacy notice; missing information can get the application rejected.
Who Can Sign REG 5
The form lists three ways to be entitled to the car. First, as the sole person or all of the persons who succeeded to the decedent's property under Probate Code §§ 6401 and 6402, where there was no will, or as the beneficiary or beneficiaries who received the vehicle under the will. Second, as a trustee acting for a trust the decedent established. Third, as the conservator or guardian of the estate of the person or persons who inherited.
Section 3 is the signature: "I/we certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct." There are lines for up to three signers, each with a printed true full name, phone or email, signature and date, and the form notes that only one date and signature are needed.
Entitled to sign
- No will: the heirs under §§ 6401–6402.
- With a will: the beneficiaries of the vehicle.
- A trust: the trustee.
- A minor or conserved heir: the conservator or guardian.
REG 5 at a Glance
The conditions, the limits and who qualifies, on one card.
From the California DMV's REG 5 (Rev 12/2024) and title transfers page, read on the date shown.
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The Liability That Comes With It
Section 2 of the form is headed "Important Information (Please read)" for a reason.
Probate Code liability
Whoever transfers the vehicle under § 5910 or § 9916 is subject to Probate Code §§ 13109–13113, as if the property were transferred under that chapter.
Unpaid creditors
The affidavit says creditors are paid. If that isn't true, the Probate Code provisions the form cites are what apply to you.
Perjury
Every statement in Section 1 is sworn. A wrong value or a hidden probate case isn't a clerical slip.
Someone with a better right
You swear that no one has a superior right to the vehicle. Check the will and the other heirs first.
California titles only
The form covers California-titled vehicles and vessels. An out-of-state title goes through that state.
Don't jump the gun
Signing before 40 days have passed makes the affidavit untrue.
REG 5 or Probate
REG 5 is a shortcut for small estates. It isn't a way around probate where probate is required.
REG 5 affidavit
- At least 40 days after the death.
- Estate in California within $184,500 (deaths on or after April 1, 2022).
- No probate open in California.
- A copy of the death certificate.
When REG 5 doesn't fit
- Probate is being, or has been, conducted in California.
- Other property in the estate needs probate.
- The California estate is over the value limit.
- The vehicle isn't titled in California.
Each line is the opposite of a statement you swear to on the form. If you're unsure which applies, the Probate Code sections it cites are the place to start, ideally with a lawyer.
Related Checks and Guides
The other California and Texas DMV form guides, and the title pages they connect to.
Where These Facts Come From
From the California DMV's REG 5 and its title transfers page, read on 21 October 2026. Probate thresholds change; check the current form and, for anything unclear, the Probate Code sections it cites.
CarCheckerVIN is not affiliated with the California Department of Motor Vehicles and does not file DMV forms. This page is general information, not legal advice; estates can be complicated, and a probate lawyer can tell you whether REG 5 fits yours.
REG 5 — Frequently Asked Questions
What families ask most about transferring a car after a death.
Can I transfer my late parent's car in California without probate?+
Often, yes, on REG 5: if at least 40 days have passed, there's no probate, creditors are paid, and their California property is within the limit ($184,500 for deaths on or after April 1, 2022). You attach a copy of the death certificate and sign under penalty of perjury.
Do all the heirs have to sign REG 5?+
The form has lines for up to three signers and says only one date and signature are needed. The signer swears they're the person, or among the persons, entitled to the vehicle and that no one has a better right to it.
Does REG 5 work for a car titled in another state?+
No. It's for California-titled vehicles and vessels only.
Is there a fee to transfer a deceased owner's car in California?+
The DMV's fee schedule lists a $15 transfer fee. Use tax and smog rules may also apply; the family-transfer exemptions are claimed on REG 256.
What if probate is already open?+
Then REG 5 isn't the route: the affidavit requires a statement that no probate proceeding is being or has been conducted in California for the estate.
What was the REG 5 limit before 2022?+
$166,250 for owners who died before April 1, 2022. The form now shows both figures and asks you to use the one for the date of death.
Check the Car's History Before It Changes Hands
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CarCheckerVIN is an independent vehicle-history service and is not affiliated with the California Department of Motor Vehicles. This guide summarizes the DMV's published REG 5 and title pages and is not legal advice. Records in our reports reflect what was reported to our data providers. Our reports do not include police or repair-shop accident entries.
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