Retitling a Deceased Parent's Car in California: Steps and Checklist

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a California probate or estate attorney.

Below are practical, California-focused steps someone usually follows to transfer title to a motor vehicle that belonged to a deceased parent. Because facts change what you must do, this answer covers the common scenarios and the documents the California Department of Motor Vehicles (DMV) and probate court typically require.

Typical first steps (what to check immediately)

• Obtain certified copies of the death certificate from the county vital records office. Many organizations require a certified copy, not a photocopy.
• Find the vehicle title (pink slip), registration, proof of loan or lien papers, and any estate documents such as a will, trust, or beneficiary designation.
• Check the title for special wording: jointly titled with rights of survivorship, a designated transfer-on-death beneficiary, or an active lienholder.

Which path applies depends on ownership details

1) Joint owner on the title

If the parent and another person (for example, you) were listed as joint owners with rights of survivorship, the surviving joint owner generally becomes the sole owner automatically. The DMV will require the original title (or current registration), a certified death certificate, and the surviving owner’s identification to update DMV records.

2) Transfer-on-death (TOD) beneficiary

California permits transfer-on-death designations for vehicles. If a TOD beneficiary was properly named, the beneficiary can claim title by presenting the title or registration, a certified death certificate, and any DMV-required transfer documents. See the DMV guide for vehicle transfers when an owner dies: California DMV — Vehicle transfer when owner dies.

3) No joint owner or beneficiary (decedent owned the car only in their name)

There are three common sub-paths:

1. Small estate (collection of personal property without probate)

   If the car is the decedent’s personal property and the total value of personal property subject to collection under California’s small estate rules falls within the statutory limit, an heir may use a sworn affidavit to collect the vehicle without opening a probate. California’s small estate affidavit process is governed by the Probate Code (see Probate Code §13100). That affidavit plus a certified death certificate and the title or registration are usually enough for the DMV to record a transfer. For the statute text, see: Probate Code §13100.

2. Vehicle owned subject to a lien

   If there is an outstanding loan or lien, contact the lender. The lender’s payoff must be resolved before the DMV will issue a new title showing the new owner free of the lien (unless the buyer/new owner takes the lien). The lender will explain the paperwork it requires.

3. Probate required

   If the estate cannot qualify for small estate transfer, or the decedent left a will that requires probate administration (or creditors must be handled formally), the personal representative (executor or administrator) must obtain Letters Testamentary or Letters of Administration from the probate court. Once you have the court-issued letters, take them to the DMV along with the title, death certificate, and any required DMV forms to transfer title in the estate’s or the beneficiary’s name.

Documents you are likely to need at the DMV

• Certified copy of the death certificate.
• The vehicle title (if available). If not available, you may need to apply for a duplicate title.
• Completed DMV transfer forms and any required affidavits (DMV provides guidance for transfers when an owner dies — see link above).
• Small estate affidavit (if using the small estate procedure) or court-issued letters (if probate was opened).
• Proof of identity for the person receiving the vehicle.
• Evidence of lien payoff, if applicable.
• Payment for DMV transfer fees and any applicable taxes.

Step‑by‑step example (hypothetical facts)

Hypothetical: Parent died owning one car (sole owner), no lien, estate’s personal property value below the small estate limit.

1. Order 3 certified death certificates from the county clerk.
2. Locate the title. If the title is available, sign the transfer portion if required and prepare a small estate affidavit under Probate Code §13100.
3. Bring the certified death certificate, original title, small estate affidavit, and your ID to a DMV office or follow DMV instructions for mail-in processing.
4. Pay transfer fees and any applicable use tax. DMV issues a new title in your name or the name specified in the affidavit.

When you need to open probate

Open probate when the estate’s assets exceed small estate limits, there is a contested will, or multiple parties dispute asset distribution. The probate court appoints a personal representative. That person can present the court’s letters to DMV to transfer title. For questions about whether probate is needed in your case, contact a probate attorney or the local probate court clerk’s office.

Helpful Hints

• Get several certified death certificates now; many organizations require one.
• Call the California DMV or check the DMV web page on transfers when an owner dies before you go — bring every document the DMV lists.
• If the vehicle has a lien, contact the lender early to get payoff instructions and a written payoff amount.
• If you can’t find the title, apply for a duplicate title promptly; delays can slow the transfer.
• If the estate looks like it will need probate or if the family disagrees on who should get the car, consult a probate attorney before transferring anything.
• Keep the car insured and secure while ownership is being resolved.
• Check current small estate thresholds and other statutory limits before relying on the affidavit option; statutory amounts change.