Legal Question in Wills and Trusts in California

Re: vehicle title transfer

If the decedent's assets are worth less than $100,000 then you can use a "small estate affidavit" to transfer the properties.

The DMV has its own form, called an "Affidavit for Transfer Without Probate". You can find it at:

http://www.dmv.ca.gov/forms/formsreg_alpha.htm

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

The form number is "Reg 5".

Re: vehicle title transfer

You must determine if the estate must be probated or can be distributed by affidavit without probate. Consult a probate lawyer. Of course, if you don't make the payments the lender will repossess and may not pursue you at all. The community property law states that a spouse is only responsible for debts of the spouse incurred for common necessaries of life. It is questionable whether the community is liable for that debt.