How to Fill Out California Form REG 5 (w/Examples) + FAQs

California DMV Form REG 5 is the Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only, used by a surviving spouse, heir, or successor to transfer title of a deceased Californian’s vehicle or vessel without opening a formal probate case. The form lives within California’s small-estate rules under Probate Code §§13100–13116 and lets families avoid months of court delay when the decedent’s California estate is modest.

Roughly 1 in 7 California vehicle title transfers each year involve a deceased owner, and DMV staff reject a large share of REG 5 filings on the first pass for missing death certificates, premature filing inside the 40-day window, or estate values that exceed the $184,500 small-estate cap. One wrong line on this single page can cost weeks of delay, force a return trip, or push the family into a full probate proceeding that REG 5 was meant to avoid.

Here is what this guide will walk through:

📄 What REG 5 is, who must sign it, and the exact statutes that authorize it
🧾 Every box, line, and signature block on the current form, in plain English with sample entries
👨‍👩‍👧 Three full filled-out scenarios covering a spouse, an adult child, and joint heirs of a vessel
📬 Each filing channel — DMV field office, Sacramento mail-in, and Business Partner — with fees and proof-of-filing
⚠️ The most common mistakes, do’s and don’ts, and 12+ field-level FAQs that trip up first-time filers

What Form REG 5 Is and Who Must File It

California Form REG 5, the Affidavit for Transfer Without Probate, is the legal sworn statement that lets a successor of a deceased registered owner transfer a California-titled vehicle or vessel without a court probate order. The current revision is REG 5 (REV. 1/2024) printed at the bottom-left corner of the official PDF on the DMV site, and you should always verify the revision date before signing because the DMV sometimes refuses older versions. The form is filed with the California Department of Motor Vehicles, not with a probate court.

The person who signs REG 5 is called the successor. A successor can be a surviving spouse, a registered domestic partner, a named beneficiary, an heir under intestate succession, or a person entitled under the decedent’s will. The form is built on California Probate Code §13100, which lets successors collect personal property worth up to $184,500 (the cap effective April 1, 2022, and adjusted every three years) by sworn affidavit instead of court order.

You must file REG 5 when all of the following apply:

The registered owner has died and at least 40 days have passed since the death
The total gross value of the decedent’s California real and personal property does not exceed $184,500
No probate proceeding has been started or completed for the decedent’s estate
The vehicle or vessel is titled in California and you have (or can replace) the Certificate of Title

You should not use REG 5 if probate is already open, if the estate exceeds the small-estate cap, or if the vehicle is titled in another state. In those cases the family must use a DMV REG 227 transfer backed by Letters Testamentary, or pursue an out-of-state probate transfer through that state’s motor vehicle agency.

Before You Start: Documents and Information You Need

Gather every item below before you open the form, because the DMV will reject a REG 5 packet that is missing even one supporting document. Filers who walk into a DMV field office without these items often wait two to three hours only to be told to come back. Building this checklist first turns a multi-trip ordeal into a single visit.

Certified death certificate of the registered owner — the DMV needs an original or certified copy from the county recorder, because a photocopy will not satisfy Vehicle Code §5910. Without it, the clerk cannot legally process the transfer.
Original California Certificate of Title signed by the successor — if the title is lost, you must add a completed REG 227 and a $26 duplicate title fee.
Current odometer reading — federal law and California require disclosure for any vehicle under 20 model years old, and a missing reading triggers a hold on the title.
License plate number and Vehicle Identification Number (VIN) — both must match exactly what the DMV has on file, including any leading zeros.
Smog certification if the vehicle is more than four model years old and not exempt — the BAR Smog Check Program controls this requirement.
Names, addresses, and relationship of every other person entitled to the decedent’s estate — every successor either signs the form or signs a separate consent.
Social Security Number of the deceased — used by the DMV to cross-check death records and prevent fraud.
Decedent’s last will (if any) — even though you do not file the will with REG 5, you must reference it on the affidavit.
Estate value worksheet — a simple list of all California real and personal property the decedent owned, used to confirm you are under $184,500.
Use tax exemption proof or payment — most family transfers under Revenue and Taxation Code §6285 are exempt, but you must claim the exemption on a REG 256.

Where to Get the Form and How to Access It

The only authoritative source for the current REG 5 is the DMV forms library on dmv.ca.gov, which always hosts the latest revision of the REG 5 PDF. Third-party sites sometimes mirror outdated versions that the DMV will reject, so always download the form fresh from the state portal the day you plan to sign it.

You can also pick up a paper REG 5 at any DMV field office and at most licensed DMV Business Partners, which are private registration services authorized by the state. Auto clubs such as AAA Northern California hand out the form to members and can submit it on the same visit. The form is one page front and back and can be filled by hand in black or blue ink, or typed using a free PDF editor.

You cannot file REG 5 through the DMV online portal because it requires an original wet signature and an original death certificate. The DMV does not accept electronically signed REG 5 affidavits as of 2026. Faxed forms are also rejected because the death certificate must arrive in physical form.

If you need the Spanish-language version, the DMV offers a translated reference but the form you sign must be the English REG 5. A bilingual DMV technician can read the form aloud at any field office on request, and free interpretation is available under Government Code §7290.

Step-by-Step: How to Fill Out REG 5 Line by Line

REG 5 is one page with a heading block, a vehicle/vessel description block, eight numbered statements you swear under penalty of perjury, a successor signature block, and a notary or DMV-acknowledgment area. Walk through each in order and do not skip even the simple boxes, because every line is part of the sworn affidavit.

Top Header: Decedent’s Name and Date of Death

The header asks for the full legal name of the deceased registered owner and the date of death. Write the name exactly as it appears on the Certificate of Title, including middle initials and suffixes, because the DMV’s computer matches names character-for-character. Format the date as MM/DD/YYYY.

For example, Maria Elena Lopez-Garcia would write her late father’s name as Roberto J. Lopez Sr. and the date as 03/14/2026. If the title shows a nickname like “Bob Lopez” but the death certificate shows “Roberto J. Lopez Sr.”, attach a REG 256 Statement of Facts explaining the variation so the clerk can link the two names.

A nuance to watch: if the registered owner held the title with an “or” between two names, only the surviving co-owner needs to act, and REG 5 may not be required at all. A common mistake is writing today’s date instead of the date of death, which voids the 40-day waiting period attestation later on the form. The biggest misconception is that you can file before 40 full days have passed; you cannot, even if the family is in a hurry to sell.

Vehicle/Vessel Identification Block

This block asks for the license plate or CF (vessel) number, vehicle/hull identification number (VIN/HIN), year, make, and vehicle/vessel body type. Pull every value from the Certificate of Title, not from the registration card, because the title is the legal source of truth. Use all capital letters and no dashes in the VIN.

For example, Carlos Nguyen fills in 7ABC123 for the plate, 1HGCM82633A123456 for the VIN, 2018 for year, HONDA for make, and 4D for body type. For a boat, the CF number looks like CF1234AB and the HIN is a 12-character string stamped on the transom.

A nuance: if the plate has been lost or surrendered, write NONE in the plate box and attach a REG 156 for replacement plates. A common mistake is transposing two characters in the VIN, which causes the title transfer to bounce back during the DMV’s nightly batch check. The misconception that “the DMV can look it up by plate alone” is false — every field is independently required.

Statement 1: 40-Day Waiting Period

Statement 1 is the sworn declaration that at least 40 days have elapsed since the date of death, satisfying Probate Code §13100(c). Check the box and confirm the math against the date you wrote in the header. The form does not let you waive this period under any circumstance.

For example, if Roberto died on 03/14/2026, his daughter Maria cannot sign REG 5 before 04/23/2026. Counting includes both partial days, so day one is the day after death.

A nuance: if the decedent died out of state, the 40-day clock still starts on the actual date of death, not the date the body or paperwork arrived in California. A common mistake is filing on day 39 because the family confuses business days with calendar days, and the DMV will reject the affidavit outright. The misconception that the 40-day wait can be waived “for surviving spouses” is wrong — only the Spousal Property Petition under Probate Code §13650 has a different timeline, and that is a separate court process.

Statement 2: Total Estate Value Under $184,500

Statement 2 declares that the gross value of all the decedent’s real and personal property in California, excluding certain assets, does not exceed $184,500. The cap is set by Probate Code §13101 and adjusts every three years for inflation. Add up bank accounts, vehicles, personal property, and any non-survivorship real estate to confirm.

For example, Janet Park lists her late husband’s $9,000 truck, $14,000 in a checking account, and $32,000 of personal effects, for a $55,000 gross estate, well under the cap. She writes nothing in this statement except the check mark, because the form does not ask for the estate’s actual dollar figure.

A nuance: the cap excludes assets passing by joint tenancy, beneficiary designation, or trust, so a $400,000 house held in a living trust does not count. A common mistake is including jointly-titled property in the calculation, which can wrongly push the estate over the cap and force the family into probate they did not need. The misconception that the cap is per-asset rather than per-estate causes filers to think a $50,000 car alone qualifies; it is the entire estate that must fit.

Statement 3: No Probate Proceeding Pending

Statement 3 swears that no proceeding is now being or has been conducted in California for administration of the decedent’s estate. If a probate has been opened — even if it is dormant — REG 5 is unavailable and the executor must use REG 227 with Letters Testamentary instead.

For example, David Chen checks county Superior Court records online before signing, confirms no case has been filed, and signs the statement. If the family had already filed a Petition for Probate (DE-111), Statement 3 would be false.

A nuance: a “small estate affidavit” filed under §13100 does not count as a probate proceeding and does not block REG 5. A common mistake is forgetting that an out-of-state ancillary probate counts in some counties, which can void the affidavit. The misconception that “we never finished the probate so it doesn’t count” is false — even a dismissed or paused probate is still a “proceeding conducted” under the statute.

Statement 4: Successor’s Right to the Property

Statement 4 declares that the affiant is a successor of the decedent entitled to the described property, either as a beneficiary under the will, an heir under Probate Code §6400 intestate succession, or a survivor by operation of law. The successor must be entitled to the specific vehicle or vessel listed above, not just to a share of the estate generally.

For example, if the will leaves “all my motor vehicles to my son Marcus,” Marcus signs as successor. If there is no will and the decedent leaves a spouse and two children, all three must either sign together or one signs while the others sign a written consent.

A nuance: under Probate Code §13006, “successor” can include a trustee of the decedent’s revocable trust if the trust holds the asset. A common mistake is one heir signing alone when there are multiple equal heirs, which exposes that signer to civil liability under Probate Code §13109 for the value of the omitted heirs’ shares. The misconception that “the oldest child has priority” is wrong — California intestate succession splits equally among children of the same generation.

Statement 5: All Other Successors Identified

Statement 5 requires the affiant to list the names and addresses of every other person entitled to the property, or attest that no others exist. Use the lined space provided on the form, and if more space is needed, attach a REG 256 continuation.

For example, Aisha Williams lists her two siblings, Jamal Williams, 1240 Oak St., Oakland, CA 94607 and Tasha Williams, 88 Pine Ave., Berkeley, CA 94710, because the three are co-heirs of their late mother’s car. Each sibling must sign REG 5 or sign a separate written consent that Aisha attaches.

A nuance: minor heirs cannot sign REG 5 themselves, and a parent or court-appointed guardian must sign on their behalf and reference the guardianship. A common mistake is leaving this section blank when there are in fact other heirs, which is perjury and invalidates the transfer. The misconception that “stepchildren don’t count” is wrong if the stepchildren were legally adopted, because adopted children inherit equally under Probate Code §6450.

Statement 6: Consent of Other Successors

Statement 6 confirms that all other successors named in Statement 5 have given written consent to the transfer. Each consent must include the consenter’s printed name, address, signature, and date. The DMV does not provide a separate consent form — most filers use a REG 256 Statement of Facts for each consenting heir.

For example, Jamal and Tasha each complete a REG 256 saying “I consent to the transfer of the 2018 Honda Civic, VIN 1HGCM82633A123456, to my sister Aisha Williams under REG 5.” Both sign and date their separate consents, and Aisha staples them to her packet.

A nuance: a notarized consent is not legally required, but many DMV technicians prefer it and it cuts down on questions at the counter. A common mistake is using a single signature line on the back of the title and assuming that counts as consent — it does not. The misconception that an oral consent over the phone is enough is dangerous, because a missing written consent makes the entire affidavit voidable.

Statement 7: Affiant Requests Transfer

Statement 7 is the express request that the DMV transfer the vehicle or vessel into the affiant’s name (or into a buyer’s name if the successor is selling directly). This statement is what gives the DMV legal authority to retitle the asset under Vehicle Code §5910.

For example, Aisha checks the box requesting transfer into her own name, then completes the title’s transfer section showing herself as the new registered owner. If she planned to sell to a third party, she would still file REG 5 first to put the title in her name, then complete a separate sale.

A nuance: if multiple successors all want to be on the new title, list each name on the back of the Certificate of Title with “AND” or “OR” between them, which controls future transfer rights. A common mistake is skipping this statement under the belief that the title transfer line on the back of the pink slip is sufficient — REG 5 is the legal basis, and the title line is just the mechanical transfer. The misconception that the DMV will “figure out who gets it” if Statement 7 is left blank is wrong; the form will be rejected.

Statement 8: Penalty of Perjury Declaration

Statement 8 is the declaration under penalty of perjury under the laws of the State of California, the language required by Code of Civil Procedure §2015.5. Below it the affiant signs, prints their name, and writes the city and date of execution.

For example, Maria Elena Lopez-Garcia signs in blue ink, prints her name, and writes Executed at Fresno, California, on 04/30/2026. The “executed at” line must be a California city for the perjury statute to apply.

A nuance: REG 5 does not require notarization in most field-office filings because the DMV technician acknowledges the signature, but mailed filings to Sacramento often do require a notary. A common mistake is signing before reaching the DMV when filing in person, which forces the technician to ask the affiant to sign again. The misconception that the perjury declaration is “just legal boilerplate” is dangerous — false statements expose the signer to a felony under California Penal Code §118 punishable by up to four years in state prison.

Notary or DMV Acknowledgment Block

The bottom of REG 5 has space for either a California notary acknowledgment or a DMV employee acknowledgment. If you mail the form to Sacramento, a California-commissioned notary must complete the all-purpose acknowledgment under Civil Code §1189. If you walk in to a field office, the DMV technician initials the acknowledgment line at the counter.

For example, Janet Park drives to a UPS Store, pays a $15 notary fee, and the notary completes the jurat with the seal and commission number. She then mails the original to DMV Sacramento.

A nuance: an out-of-state notary is acceptable only if it complies with California’s recognition rules under Government Code §8202.5. A common mistake is using a notary’s “jurat” stamp without the all-purpose acknowledgment certificate, which California has required since 2015. The misconception that any notary stamp will do is wrong — the form will be returned unprocessed and the family must redo the notarization.

Three Filled-Out Examples Using Real Scenarios

Three filers — Janet Park, Marcus Johnson, and Aisha Williams — illustrate the most common REG 5 fact patterns. Each table below shows what the filer enters in the major sections of the form and the supporting documents they bring.

Scenario 1: Surviving Spouse Transferring a Jointly-Titled Car

Janet Park’s husband, Daniel Park, died on 02/10/2026. The 2019 Toyota Camry is titled “Daniel Park OR Janet Park,” but Janet still files REG 5 because she wants to clear the title into her name alone before selling.

Form Section	What Janet Enters
Decedent’s name	Daniel S. Park
Date of death	02/10/2026
License plate	8XYZ456
VIN	4T1B11HK1KU123789
Year/Make/Body	2019 / TOYOTA / 4D
Statement 1 (40 days)	Checked — filing on 04/03/2026
Statement 2 (estate ≤ $184,500)	Checked — gross estate $92,000
Statement 4 (successor)	Surviving spouse under Probate Code §6401
Statement 5 (other heirs)	“None — community property to surviving spouse”
Signature block	Janet M. Park, executed at San Jose, CA, 04/03/2026
Acknowledgment	DMV technician at San Jose field office

Scenario 2: Adult Child as Sole Heir With No Will

Marcus Johnson’s mother, Patricia Johnson, died intestate on 01/05/2026. Marcus is her only child and her only heir under Probate Code §6402. He inherits her 2014 Ford Escape.

Form Section	What Marcus Enters
Decedent’s name	Patricia Anne Johnson
Date of death	01/05/2026
License plate	6GHJ987
VIN	1FMCU0GX5EUA12345
Year/Make/Body	2014 / FORD / 4D SUV
Statement 1 (40 days)	Checked — filing on 03/01/2026
Statement 2 (estate ≤ $184,500)	Checked — gross estate $61,400
Statement 4 (successor)	Sole child under intestate succession
Statement 5 (other heirs)	“None — affiant is the only living child and decedent had no spouse”
Statement 6 (consent)	Not applicable
Signature block	Marcus T. Johnson, executed at Sacramento, CA, 03/01/2026
Attached documents	Certified death certificate, original title, REG 256 explaining no spouse, smog certificate

Scenario 3: Joint Heirs of a Vessel Under the Small-Estate Cap

Aisha Williams and her two siblings inherit their late mother Beverly Williams’s 2008 sailboat. Beverly’s will leaves “all watercraft equally to my three children.” Aisha signs REG 5; Jamal and Tasha sign separate consents.

Form Section	What Aisha Enters
Decedent’s name	Beverly J. Williams
Date of death	12/12/2025
Vessel CF number	CF7788ZZ
HIN	ABCD12345E608
Year/Make/Body	2008 / CATALINA / SLOOP
Statement 1 (40 days)	Checked — filing on 03/05/2026
Statement 2 (estate ≤ $184,500)	Checked — gross estate $138,000
Statement 4 (successor)	Beneficiary under Beverly’s will
Statement 5 (other heirs)	Jamal Williams, 1240 Oak St., Oakland, CA 94607; Tasha Williams, 88 Pine Ave., Berkeley, CA 94710
Statement 6 (consent)	REG 256 consents from Jamal and Tasha attached
Signature block	Aisha R. Williams, executed at Oakland, CA, 03/05/2026
Acknowledgment	Notary public, Alameda County, commission #2456789

How to File the Completed Form

REG 5 can be filed through three official channels — a DMV field office, the DMV Sacramento headquarters by mail, or a licensed DMV Business Partner. Each channel has its own pace, fee structure, and proof-of-filing artifact, and choosing the right one can save the family days or weeks.

In-person at a DMV field office. Make an appointment online — walk-ins routinely wait three hours. Bring the original REG 5, the certified death certificate, the original title, smog certificate (if required), the REG 256 for any consents, and a valid government ID. The transfer fee is $15, plus a title fee of $23 and any use tax (usually exempt on family transfers per REG 256 use-tax exemption). Pay by cash, check, money order, debit, or most credit cards (a 2.1% surcharge applies). The technician hands back a stamped receipt and a temporary registration card; the new title arrives by mail in 4–8 weeks.

By mail to DMV Sacramento. Mail the notarized REG 5 packet to Department of Motor Vehicles, P.O. Box 942869, Sacramento, CA 94269-0001. Include a check or money order for $38 plus any use tax — cash is not accepted by mail. Processing takes 8–12 weeks, and the proof-of-filing is the cancelled check or USPS Certified Mail return receipt; pay the extra $4.85 for Certified Mail with return receipt so you have a paper trail.

Through a DMV Business Partner. Independent registration services such as AAA Northern California and licensed Business Partners can submit REG 5 the same day, often with no appointment. Service fees range from $25 to $75 on top of the DMV fees, but processing is electronic and most title updates appear in DMV records within 5–10 business days. The Business Partner gives you a printed transaction receipt that serves as proof until the new title arrives.

What Happens After You File

After REG 5 is accepted, the DMV updates the vehicle record overnight and removes the deceased owner’s name from the title chain. Within 4–12 weeks the family receives a new California Certificate of Title showing the successor as the registered owner. Until that paper arrives, the stamped REG 5 receipt and the old title with the DMV’s transfer stamp are legal proof of ownership for resale or insurance.

The DMV may flag the file for additional review if the death certificate is hard to read, the estate looks close to the $184,500 cap, or another party (such as a creditor) has filed a competing claim. In those cases the DMV mails a DMV Information Request letter asking for clarification within 30 days. Missing that 30-day window cancels the transfer and forces the family to refile from scratch.

If a creditor of the decedent later objects, Probate Code §13109 makes the affiant personally liable for the value of the asset up to the amount of the unpaid debt. Successors should keep the death certificate, the signed REG 5, the title, and proof of fees paid for at least four years to defend against creditor claims. Insurance companies will usually update the policy as soon as you forward the new title, but call the carrier the same week to avoid a coverage gap.

Mistakes to Avoid When Filling Out the Form

Filing before day 40. The DMV rejects the affidavit on the spot, and you must wait and refile.
Including jointly-held property in the estate value. This wrongly pushes the estate over $184,500 and can force a needless probate.
Using an outdated REG 5 revision. The DMV refuses prior versions and your packet returns unprocessed.
Forgetting smog certification when required. Title transfer freezes until smog passes, even if everything else is perfect.
Listing a “doing business as” name instead of the legal name. The DMV’s name-match algorithm fails and the file kicks out.
Skipping consent forms from co-heirs. The signing affiant becomes personally liable under Probate Code §13109.
Notarizing with the wrong certificate. A jurat on a form that needs an all-purpose acknowledgment under Civil Code §1189 gets the form rejected.
Forgetting use-tax exemption proof on a family transfer. Without a REG 256, the DMV charges full sales tax on the vehicle’s market value.
Mailing without a notarized signature. Sacramento returns the packet because field-office acknowledgment is unavailable by mail.
Misreading the VIN or HIN. A single transposed character voids the title transfer and forces a refile.
Failing to mention an existing probate. This is perjury under Penal Code §118 and can lead to criminal charges.
Signing on behalf of a minor heir without guardianship papers. The DMV refuses and may refer the matter to probate court.

Do’s and Don’ts

Do:

Do download REG 5 fresh from the DMV forms page the same week you sign — revisions roll out without notice.
Do bring two certified death certificates so one can be retained by the DMV and one stays with the family.
Do keep a full copy of the signed packet — the DMV does not always return originals.
Do call the DMV’s 800-777-0133 line before mailing if the estate is close to the small-estate cap, so a representative can flag any issues early.
Do check Superior Court records for any probate filing in the decedent’s home county before signing Statement 3.
Do attach a REG 256 for every nuance — name variation, address change, missing plate, use-tax exemption — because clerks rely on it.

Don’t:

Don’t sign the form before reaching the DMV counter if you plan to use the technician acknowledgment.
Don’t list yourself as “executor” — REG 5 is for successors, and “executor” implies probate is open.
Don’t guess at the estate value; build a written list of every California asset to back Statement 2.
Don’t ignore the 40-day rule, even by one day.
Don’t use a power of attorney to sign REG 5 — California requires the affiant’s personal signature under penalty of perjury.
Don’t throw away the cancelled check or Certified Mail receipt; it is your proof of filing for years.

Pros and Cons of Filing on Your Own vs. With Help

Pros of filing pro se:

Costs only the $38 in DMV fees plus a small notary charge — no attorney bills.
Keeps control of the timeline; the family can file the moment day 40 hits.
Avoids exposing private estate details to outside professionals.
Builds familiarity with the DMV’s process for future transfers (such as a second vehicle later).
Most cases — single heir, modest estate, in-state vehicle — are simple enough for a careful pro se filer.

Cons of filing pro se:

One missed checkbox can cost weeks; experienced filers and attorneys catch these in seconds.
Misreading the small-estate cap can wrongly push the family into probate.
Pro se filers sometimes miss the use-tax exemption, paying hundreds in unnecessary tax.
Multi-heir situations carry personal liability under Probate Code §13109 that an attorney would flag.
DMV technicians cannot give legal advice, so judgment calls (like whether a stepchild is an heir) fall on the filer.

FAQs

Do I have to wait the full 40 days even if I’m the surviving spouse?

Yes. Probate Code §13100 requires a strict 40-day wait for every successor, including spouses, before signing REG 5. There is no waiver.

Can I file REG 5 if the title is lost?

Yes. Add a completed REG 227 and a $26 duplicate title fee, and the DMV will issue a replacement title in the successor’s name in one transaction.

Does REG 5 require a notary?

No. A notary is required only when filing by mail; in-person field office filings let a DMV technician acknowledge the signature for free.

Can I use REG 5 for a vehicle titled in another state?

No. REG 5 only works for California-titled vehicles and vessels; out-of-state titles must follow that state’s transfer rules.

Do I write my maiden name or married name in the successor signature block?

Yes, write your current legal name as it appears on your driver license. Add a REG 256 if your name differs from how the will or death certificate references you.

Is the $184,500 estate cap based on net or gross value?

No, it is not net. The cap measures gross value of California real and personal property under Probate Code §13101, excluding joint tenancy, trust assets, and beneficiary-designated accounts.

Do I list a stepchild in Statement 5?

Yes, if the stepchild was legally adopted by the decedent under Probate Code §6450. Non-adopted stepchildren are not heirs and are not listed.

Can a minor sign REG 5?

No. A court-appointed guardian or conservator must sign on a minor’s behalf, and guardianship paperwork must be attached.

What goes in the “city” field on the perjury declaration?

Yes, the city must be a California city where you signed. For example, Executed at Fresno, California; an out-of-state city invalidates the perjury declaration.

Do I owe sales or use tax on a family transfer?

No, most parent-child, spouse, and registered-domestic-partner transfers are exempt under Revenue and Taxation Code §6285. Claim the exemption on a REG 256.

Can I file REG 5 online?

No. As of 2026 the DMV online portal does not accept REG 5 because the form requires an original signature and an original death certificate.

Is filing REG 5 a public record?

Yes, the filed form becomes part of the DMV’s vehicle record and can be requested through a INF 70 record request by parties who show a permissible use under the federal Driver’s Privacy Protection Act.

What if a creditor of the decedent later objects?

Yes, the affiant is personally liable for the value of the asset up to the amount owed under Probate Code §13109. Keep the death certificate, REG 5 copy, and fee receipts for at least four years.

Can I sell the car to a third party using REG 5 alone?

Yes, but the cleanest path is to first transfer title into the successor’s name and then complete a separate sale, because dealers and private buyers expect to see a clean title in the seller’s name.

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