Asked in Estate Planning and Probate for California

Q: How to transfer ownership of old pickup truck of deceased uncle (California)

An uncle died a couple years ago with no will, and not enough assets to require probate. His wife was already deceased, and they had no children. He was cared for as he was dying by his (deceased) wife's sister, who also owned (and owns) the apartment he lived in. The sister-in-law has continued to renew the truck's registration and pay the insurance, but the title is still in the uncle's name. He has two elderly siblings out-of state who typically are difficult to get in touch with, and will not be interested in the truck. The truck is probably worth not more than $1000. How (or will) it be possible to transfer the title to the sister-in-law's name?

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2 Lawyer Answers
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: It is pretty easy to transfer a vehicles title using the California DMV's form Reg 5, Transfer without Probate.

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vr/checklists/probate

However, this will only transfer the title to the Decedent's heirs, who are required to sign the form. In this case, as he left no wife or children, and I am assuming that his parents are both deceased, his heirs would be his siblings.

Once the siblings sign form Reg-5 they will need to sign title over to the sister-in-law.

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: The sister-in-law is not an heir. Technically, the two brothers are entitled to it. Even though they are hard to get in touch with, the best solution is for them to get it and then sign off to the sister-in-law. Another possibility is for the sister-in-law to treat it as abandoned property. If she follows those procedures, she could end up with it.

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