How To Transfer A Car Title To A Family Member In California

How to Transfer a Car Title to a Family Member in California

When it comes to transferring a car title to a family member in California, there are specific requirements and processes to follow. This comprehensive guide will walk you through the necessary steps, provide a detailed FAQ section, and include a table with relevant information and a government or Wikipedia link.

Title Transfer Process

To transfer a car title to a family member in California, you will need to follow these steps:

1. Gather the Required Documents: Ensure you have the following items:
   • The California Certificate of Title, properly signed or endorsed on line 1 by the registered owner(s) shown on the title.
   • The new owner’s information completed on the back of the title, and their signature.
   • A Statement of Facts (REG 256) for use tax and smog exemption, if applicable.
   • The transfer fee.
   • An odometer disclosure statement for vehicles less than 10 years old.
2. Determine the Type of Family Relationship: The transfer must be between one of the following family members:
   • Spouse
   • Parent
   • Child
   • Grandparent
   • Grandchild
   • Sibling
3. Submit the Documents: You can submit the required documents and fees to a DMV office or by mail to:
   DMV
   PO Box 942869
   Sacramento, CA 94269
4. Wait for Processing: The DMV will process your title transfer within 60 calendar days, and a new title will be issued to the new owner.

Differences Between Regular and Family Member Transfers

There are three primary differences between a regular title transfer and a family member transfer:

1. Use Tax: On a regular transfer, use tax based on the purchase price of the vehicle is due at the time of transfer. However, a family member transfer is exempt from use tax, with the exception of a transfer between siblings who are not minors.
2. Smog Certification: A regular transfer typically requires smog certification before the vehicle can be registered in the new owner’s name. In contrast, a family member transfer does not require smog certification if the vehicle is currently registered and the biennial smog inspection is not due.
3. Vehicle Value Reclassification: A regular transfer requires the DMV to reestablish the vehicle’s value (reclassify) to determine the appropriate Vehicle License Fee. This reclassification is exempt for a family member transfer.

Fees and Costs

The fees associated with a family member title transfer in California are as follows:

• Transfer fee: $15
• Penalty fee (if the transfer is not completed within 30 days): $10
• Additional fees, such as registration renewal, may also be due

It’s important to note that if the vehicle’s registration has expired and a Planned Non-Operation status is not on file, you will be charged for past due fees and penalties.

Smog Certification Exemption

In a family member transfer, the vehicle is exempt from the smog certification requirement if the following conditions are met:

• The vehicle is currently registered.
• The biennial smog inspection is not due at the time of the transfer.

However, if you are renewing the vehicle’s registration during a biennial period, the smog exemption for the family member transfer does not apply.

Transfer Without Probate

In certain situations, the decedent’s heir may transfer the title of a vehicle without going through probate. The requirements for this are:

• The value of the decedent’s property in California does not exceed $150,000 (or $166,250 if the deceased died on or after 1/1/20).
• The heir must complete an Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5) form.
• The vehicle must be titled in California.

Notice of Release of Liability

When transferring a vehicle to a family member, the previous owner must submit a Notice of Release of Liability (REG 138) form within 5 days of the transfer.

Frequently Asked Questions

Q: What is a family member transfer?
A: A family member transfer is a change in the registered or legal ownership of a California-registered vehicle between specific family members, such as a spouse, parent, child, grandparent, grandchild, or sibling.Q: How is a family member transfer different from a regular transfer?
A: The main differences are:

• Use tax: Family member transfers are exempt from use tax, except for transfers between siblings who are not minors.
• Smog certification: Family member transfers do not require smog certification if the vehicle is currently registered and the biennial smog inspection is not due.
• Vehicle value reclassification: Family member transfers are exempt from the DMV reestablishing the vehicle’s value (reclassification) to determine the appropriate Vehicle License Fee.

Q: What documents do I need to transfer a car title to a family member?
A: You will need the following documents:

• The California Certificate of Title, properly signed or endorsed on line 1 by the registered owner(s)
• The new owner’s information completed on the back of the title, and their signature
• A Statement of Facts (REG 256) for use tax and smog exemption, if applicable
• The transfer fee
• An odometer disclosure statement for vehicles less than 10 years old

Q: Do I need to pay use tax when transferring a car to a family member?
A: No, family member transfers are generally exempt from use tax, with the exception of transfers between siblings who are not minors.

Q: Do I need to get a smog check when transferring a car to a family member?
A: No, family member transfers do not require a smog check if the vehicle is currently registered and the biennial smog inspection is not due. However, if you are renewing the registration during a biennial period, the smog exemption does not apply.

Q: How much does it cost to transfer a car title to a family member in California?
A: The transfer fee is $15. If the transfer is not completed within 30 days, a $10 penalty fee will be added. Additional fees, such as registration renewal, may also be due

.Q: Can I transfer a car title to a family member without paying registration renewal fees?
A: Yes, if the vehicle has a Planned Non-Operation status on file with the DMV and the transfer fee is paid before the Planned Non-Operation expiration date, you can transfer the title without paying registration renewal fees.

Q: What if the previous owner is deceased?
A: If the previous owner is deceased, you can transfer the title to the heir without going through probate if the value of the decedent’s property in California does not exceed $150,000 (or $166,250 if the deceased died on or after 1/1/20). The heir must complete an Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5) form.

Q: Do I need to submit a Notice of Release of Liability?
A: Yes, the previous owner must submit a Notice of Release of Liability (REG 138) form within 5 days of the transfer.