Probate (vehicle transfer)
How a deceased owner's vehicle is transferred through an estate, with or without a court probate case.
Probate is the court process for settling a deceased person’s estate. For vehicles, the executor or administrator usually signs the title on the estate’s behalf. Many states also offer shortcuts so small estates can transfer a car without a full probate case.
If you inherited a car you want to junk, find out who has legal authority to sign. A buyer needs a valid chain of ownership from the deceased owner, and a power of attorney signed by the owner no longer works after death.
California lets a vehicle be transferred from the decedent to the “Estate of” the decedent without any signatures on the title, using a Statement of Facts declaring that letters testamentary have not been issued. Use tax and a smog certification are not required for that transfer.1
References
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California DMV, Vehicle Industry Registration Procedures Manual 11.175, “Transfer to Estate of”, https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/transfers/transfer-to-estate-of/ ↩