What Happens If Two People Own a Car And One Dies in California

When one of two co-owners listed on a California vehicle title dies, the outcome depends on how the co-owners' names are listed on the title and whether ownership automatically passes to the surviving co-owner or becomes part of the deceased owner's estate. California law recognizes different forms of joint ownership, each with distinct legal consequences upon death. The state requires that the title and registration be promptly updated to reflect the current lawful owner.

Determine How the Names Appear on the California Car Title

Under California Vehicle Code § 4150.5, the language and punctuation used to join co-owners' names on the title determine whether the vehicle passes to the surviving owner by operation of law or becomes part of the deceased owner's estate. The DMV issues titles reflecting the ownership structure designated at the time of registration.

If the Title Shows Survivorship Language

When co-owner names on the title are joined by "or" or "and/or" without additional modifiers, California law treats the ownership as joint tenancy with right of survivorship. Under this structure, each co-owner holds an equal and undivided interest in the vehicle and has granted to the other co-owner the absolute right to dispose of the title and interest. Upon the death of one co-owner, the surviving co-owner's interest is released, and ownership passes automatically to the survivor by operation of law. The surviving co-owner becomes the sole owner without the need for probate proceedings.

Certain titles may display abbreviations to clarify the ownership form. When the title shows "JTRS" (joint tenants with right of survivorship), the same survivorship rule applies: upon the death of a co-owner, the surviving co-owner inherits the interest automatically, and a copy of the deceased owner's death certificate must accompany the application to remove the deceased owner's name from the title.

If the Title Does Not Show Survivorship Language

When co-owner names are joined by "and" or appear with no conjunction between them, California treats the ownership as a form of co-ownership that does not include an automatic right of survivorship. The signature of all co-owners is required during their lifetimes to transfer the vehicle. However, upon the death of one co-owner, the deceased co-owner's interest does not automatically transfer to the surviving co-owner; instead, it becomes part of the deceased owner's estate.

If the title is marked "Tenants in Common," the interest of the deceased co-owner reverts to that owner's estate, not to the surviving co-owner. If the title is marked "COMPRO" (community property), specific procedures must be followed to execute the deceased owner's interest before the surviving co-owner may transfer the vehicle to a new owner.

California Car Title Rules After One Owner Dies

When a co-owner dies, California requires that the title and registration records be corrected promptly to reflect the lawful current owner. The exact steps depend on whether the ownership passes automatically to the surviving co-owner or whether the deceased owner's interest must be handled through the estate or a small-estate procedure.

If the vehicle is titled with survivorship language (names joined by "or," "and/or," or marked "JTRS"), the surviving co-owner may apply to remove the deceased owner's name from the title and registration. The California Department of Motor Vehicles (DMV) requires submission of the current title, a death certificate, and a completed application. The surviving co-owner's signature alone is sufficient to release all ownership interests.

If the vehicle is titled without survivorship language (names joined by "and" or marked "Tenants in Common"), the deceased co-owner's share becomes part of the estate. Depending on the circumstances, the transfer may proceed through probate court proceedings or through a small-estate procedure if the estate meets certain requirements.

Does a Car Go Through Probate in California if One Owner Dies?

The answer depends on the form of ownership and the total value of the deceased owner's estate.

Automatic Survivorship: If the co-owners' names are joined by "or," "and/or," or the title is marked "JTRS," the vehicle interest passes directly to the surviving co-owner outside of probate. No probate proceeding is necessary, and no court involvement is required.

No Automatic Survivorship: If the names are joined by "and" or marked "Tenants in Common," the deceased co-owner's interest becomes part of the estate. Whether the vehicle goes through full probate or a simplified procedure depends on whether the estate qualifies for a small-estate transfer.

California Probate Code § 13100 permits a simplified transfer procedure when the total value of the decedent's estate does not exceed $150,000 for vehicle transfers and the decedent left no property that requires formal probate administration. (Note: The general probate code threshold for all personal property is $208,850 as of April 1, 2025, but vehicle transfers specifically use the $150,000 limit per DMV procedures.) Under this procedure, after at least 40 days have elapsed since the registered owner's date of death, an heir or successor may transfer the vehicle using the Affidavit for Transfer Without Probate (REG 5), a death certificate, and the current title. This affidavit cannot be used if there is a surviving co-owner with an interest superior to the heir's.

If the estate exceeds $150,000 or probate is being administered through the court, the executor or administrator must provide Letters Testamentary, Letters of Administration, or a court order authorizing the vehicle transfer. The DMV handbook outlines the requirements for transfers involving estates valued at or below $150,000.

How To Transfer a Car Title in California After a Co-Owner Dies

The specific process depends on the ownership structure, whether probate is involved, and whether an estate qualifies for simplified transfer procedures.

General Process

Step 1: Obtain a certified copy of the death certificate from the county recorder or vital records office where the death was registered.

Step 2: Locate the current certificate of title for the vehicle. If the title is missing, complete Form REG 227 (Application for Replacement or Transfer of Title) and submit it to the DMV with the required fee.

Step 3: Determine the ownership structure. Review the certificate of title to confirm whether the names are joined by "and," "or," "and/or," or include abbreviations such as "JTRS," "Tenants in Common," or "COMPRO."

Step 4: Depending on the ownership structure and estate situation, gather the required supporting documents (see Documents Needed section below).

Step 5: Complete the Affidavit for Transfer Without Probate (REG 5), a Statement of Facts (REG 256), or a transfer application form as appropriate to the circumstances.

Step 6: Sign the title and all supporting forms as required. For joint tenancy with survivorship, only the surviving co-owner's signature is required. For other ownership forms or small-estate transfers, the heir or representative must sign the deceased owner's name and countersign on line 1 of the title.

Step 7: Submit the completed application, title, death certificate, supporting documents, and required fees to a California DMV office, an authorized county license plate issuing official, or a designated motor vehicle dealer. Mail submissions are also accepted.

Step 8: Upon approval, the DMV will issue a new certificate of title reflecting the corrected ownership and a new registration card. The corrected title usually arrives by mail within 15 to 30 days.

Applicable Fees

California Vehicle Code § 9255 and related statutes establish fees for title transfers. The following table lists fees most commonly applicable to title transfers after the death of a co-owner:

Use tax and smog certification are generally not required for the transfer of a vehicle from a deceased owner to an heir or an estate.

Surviving Spouse

California law does not establish a separate deadline or exemption for surviving spouses transferring a vehicle from a deceased spouse. The surviving spouse follows the same procedures applicable to any co-owner or heir, depending on how the title is held. However, if a surviving spouse wishes to retain the vehicle's license plates after the deceased owner's death, the surviving spouse must complete a Statement of Facts (REG 256) to declare this intention, and any remaining license plate must be returned to the DMV upon registration expiration or within 60 days of the death, whichever occurs first.

Documents Needed to Transfer a California Car Title After Death

The required documents vary depending on the ownership structure, whether probate is involved, and the total estate value. California generally requires documents sufficient to prove lawful ownership and authority to transfer the vehicle.

Common Documents

Death Certificate: A certified copy of the death certificate is required for all transfers involving a deceased owner. Copies may be obtained from the county recorder or state vital records office where the death was recorded.

Certificate of Title: The original or current certificate of title for the vehicle must accompany the transfer application. If the title is missing or damaged, complete REG 227 to obtain a replacement.

For Joint Tenancy with Survivorship (names joined by "or," "and/or," or marked "JTRS"): The surviving co-owner must sign the title, countersigning for the deceased co-owner on line 1. The death certificate and the signed title are sufficient to complete the transfer.

For Tenancy in Common or Without Survivorship Language (names joined by "and" or marked "Tenants in Common"): When no probate is being administered and the estate does not exceed $150,000, an heir may complete the Affidavit for Transfer Without Probate (REG 5), provided at least 40 days have elapsed since the registered owner's date of death. The heir must sign the deceased owner's name and countersign on line 1 of the title. The affidavit, death certificate, and title are then submitted to the DMV.

For Probated Estates: When the estate is being formally probated or exceeds the $150,000 small-estate limit, the executor or administrator must provide one of the following court documents: Letters Testamentary (if there is a will), Letters of Administration (if there is no will), or an equivalent court order authorizing transfer of the vehicle. A Statement of Facts (REG 256) declaring the relationship of the transferee to the decedent may also be required.

For Community Property Vehicles (marked "COMPRO"): If the title is marked "COMPRO," the deceased co-owner's interest must first be executed by the heir, administrator, or executor before the surviving co-owner may transfer the vehicle. The heir may use REG 5 if the small-estate requirements are met, or the administrator or executor may provide Letters of Administration or Letters Testamentary.

For Transfer to Estate (marked "Estate of"): If the vehicle is transferred to the estate of the decedent pending distribution, the title must show "Estate of (name of decedent)" in the new owner section on the back. A Statement of Facts (REG 256) declaring that Letters Testamentary have not been issued and the relationship of the deceased to the person completing the form must accompany the application. Use tax and smog certification are not required for transfers to an estate.

What if There Is a Loan on the Car?

If the vehicle has a recorded lienholder or lender shown on the title, the lienholder's information must be preserved and accurately reported on the transfer application. When submitting an application for a title transfer after a co-owner's death, the applicant should present the original title with all lienholder information clearly shown, along with any documents from the lender, to the DMV or processing agent. The lienholder's name and address will be carried forward onto the new title issued after the transfer.

If the lienholder has released its interest in the vehicle (for example, because the loan has been paid off), a Lien Release or Reconveyance document from the lender should be submitted to remove the lienholder from the title. The DMV will not accept a title transfer if the lienholder information on the application does not match the information shown on the original title; clarification from the lender may be required.

Contact Information

California Department of Motor Vehicles
2415 1st Ave., Mail Station C271, Sacramento, CA 95818-2606
Phone: (800) 777-0133
Official Website: California Department of Motor Vehicles