Sacramento, CA asked in Estate Planning and Probate for California

Q: In California, the DMV has their own specialized small estate affidavit form. However I'm a bit confused about this part

Example: My friend's dad's car was solely owned in his name, and no beneficiary was designated in the title, but the friend is a beneficiary in his will. However for small estates the gross value has to be below $166,250, yet cars are excluded from determining the value for this kind of estate? So what I want to know, if I'm understanding this correctly:

1. Concerning DMV's affidavit, if real property is involved but it is above $55k but below $166k, would you still be able to use the DMV affidavit but include an Inventory and Appraisal form?

2. Is the exclusion of cars, regardless of ownership (joint/sole), only applicable to small estates (including real property above or below $55k but below $166k)?

3. Specifically what kind of vehicle registration are the Vehicle Codes referring to? (This may be tied to question 2)

I hope this makes sense.

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1 Lawyer Answer
Jonathan Purcell
Jonathan Purcell
Answered
  • Estate Planning Lawyer
  • PETALUMA, CA
  • Licensed in California

A: There are a variety of methods to transfer assets post-mortem, including trusts, wills, intestacy, beneficiary designations, etc.

The DMV provides a method of transfer that is specific to vehicles.

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