An assignment of a vehicle can simply state: “I hereby transfer and assign all right, title, and interest presently owned and hereafter acquired in my 1953 Chevrolet Bel Air to John Smith, Trustee of the John Smith Living Trust, dated January 1, 2008.” The assignment should be signed, dated, and sometimes notarized. Vehicles can be transferred into a living trust either by assignment or by formal registration.Īn “assignment” is a written document that transfers property. The rules specifically require a waiting period of 40 days after the death of the decedent.Īlthough the transfer of a decedent’s vehicles is straightforward and simple when the decedent’s estate is not otherwise subject to probate, it is prudent for a trust-maker to transfer vehicles into a living trust as an extra measure to make sure that the successor trustee does not encounter any unexpected problems in transferring vehicles after death. The successor trustee would take the form along with a certified copy of the decedent’s death certificate to the local DMV office to complete the transfer. In such a case, the decedent’s successor trustee can fill out a California DMV form entitled, “Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5),” which can be downloaded from the DMV website. Therefore, if the decedent’s other assets are either titled to a revocable living trust at the time of death or designate payment on death beneficiaries, the transfer of the decedent’s vehicles can be accomplished without court involvement. Section 13050(b)(1) of the California Probate Code specifically states that vehicles registered with the California DMV cannot by themselves necessitate a probate. However, if the decedent had a living trust, then the process of dealing with the DMV to transfer the vehicles to the beneficiaries can be painless. If the decedent did not have a living trust and had other assets necessitating a probate, then the decedent’s vehicles will be subject to probate which will generally be a time-consuming and costly process. Indeed, many people might consider waiting in line at the DMV without an appointment as a “fate worse than death.” As challenging as it can be to deal with certain aspects of the DMV, handling the transfer of a decedent’s vehicles in California can be surprisingly efficient. The Department of Motor Vehicles (“DMV”) has a reputation for layers of bureaucracy.

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