Orange County California Vehicle Transfer Without Probate
In California you can transfer a vehicle without probate under certain conditions.Before Death
You can register your vehicle as transfer-on-death (TOD). When you register your vehicle this way, the person (beneficiary) you name will inherit the vehicle automatically upon your passing (no probate court proceeding). You will need to complete a new title application for each vehicle, listing the person of your choice as the TOD. A new title will be issued by the DMV showing your TOD designation.After Death
After 40 days from the date of death, if the value of all of the deceased’s property does not exceed $150,000, ownership of the deceased’s vehicle may be transferred to the deceased owner's next of kin or beneficiary(ies) in the Will using an administrative process (here is the form: Affidavit for Transfer Without Probate California Title Vehicle or Vessels Only (Form REG 5). After the title is transferred to the next of kin or beneficiary(ies) it can be sold or otherwise treated as owned by the deceased owner's next of kin or beneficiary(ies).Conclusion
If the estate of the Decedent is over $150,000 it would likely require a formal probate procedure. In that event, the court appointed personal representative of the estate must adhere to specific rules and submit specified documents, fees and, if due, registration renewal and use tax to the California Department of Vehicles.
If you wish to gain more information on California probate, including Orange County, California probate, or if you need the general assistance of a California probate lawyer, please contact me for a free consultation. You can reach me by phone at (949) 243-0408, by email at firstname.lastname@example.org or through my online contact form.
From my office in Southern California, I represent families in all California counties, including Southern California Counties such as Imperial County, Los Angeles County, Orange County, San Bernardino County, and San Diego County. I also represent parties residing outside of California that have probate matters affecting real and/or personal property in California.
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