PathAfter FAQ
California Dmv, Real Estate, and Property
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistWeek 2–4 administration and California-specific questions
What California DMV forms do I need after a death?REG 5: Affidavit for Transfer Without Probate (small estates, no probate needed). REG 29: Transfer by Personal Representative (executor transferring through probate). REG 227: Application for Duplicate or Transfer of Title (general title transfer). DL 142: Notice of Death of Driver's License…How do I remove a deceased person from a joint vehicle registration in California?Complete a Release of Liability (REG 138) and a transfer of title. If the vehicle is solely in the deceased's name and qualifies under small estate procedures, use the REG 5. Bring a certified death certificate. The surviving joint owner can typically…What happens to a California real estate license after a death?It expires. Notify the California Department of Real Estate (DRE). If the deceased had pending transactions, a real estate attorney and the broker of record need to manage those transactions. Clients need to be notified promptly.Can a California home be sold during probate?Yes. The executor can sell estate property with court approval. The court sets a minimum bid price based on a probate referee's appraisal. The sale is then publicly noticed, competing bids can be submitted at the confirmation hearing, and the court approves…What is a probate referee in California?A court-appointed appraiser who values estate property for probate purposes. The referee's fee is set by law at 0.1% of the appraised value. Their report is filed with the court and used to establish the estate inventory value.What is a lis pendens and can it affect inherited property?A lis pendens is a recorded notice that a property is subject to a pending legal action. If the deceased had a lawsuit involving their property, it may show up as a lis pendens when you try to transfer or sell. You…What is a preliminary change of ownership report (PCOR) in California?A form filed with the county assessor when real property is transferred. It tells the assessor who now owns the property and whether a property tax reassessment may be triggered. Certain transfers — from parent to child, between spouses — may be…What is Proposition 19 and how does it affect inherited property in California?Proposition 19 (effective February 2021) significantly limited the parent-to-child property tax exclusion. An inherited home is only exempt from reassessment if it is the heir's primary residence AND the assessed value does not exceed the inherited value by more than $1 million…How does Proposition 19 affect me if I inherit my parents' home?If you move in as your primary residence within one year, and the market value does not exceed the assessed value by more than $1 million, you keep the low base year value. If you do not move in, the property is…How do I find out if there are liens on inherited property?Order a preliminary title report from a title company — this will show all recorded liens, encumbrances, and title issues. You can also search the county recorder's records. Common liens: mortgage, HOA, property tax, mechanic's lien, IRS tax lien. All liens must…What is a California quitclaim deed and when is it used after a death?A deed that transfers whatever interest the grantor has in a property, with no warranties. Sometimes used in estate situations to transfer property between family members informally — but it does not clear title issues or liens. A grant deed (with warranties)…What are property taxes in the period after death?Property taxes continue to accrue against the estate. Unpaid property taxes become a lien on the property. The executor or trustee is responsible for paying property taxes from estate funds. California also has a senior exemption program — notify the county assessor…What if the deceased owed back property taxes?Back property taxes are a priority lien on the property. They must be paid before the property can be transferred. The county tax collector's office can tell you the amount owed and payment options. In extreme cases, the county can foreclose for…What is the California homestead exemption and does it apply after death?The California automatic homestead exemption ($300,000–$600,000 depending on county median home price) protects a primary residence from forced sale by judgment creditors. After death, a declared homestead may still provide some protection against creditor claims during probate — consult a probate attorney.How do I transfer mineral rights or water rights in California?These are property rights that follow the same transfer rules as real estate — they can be probated, transferred by trust, or transferred by affidavit for small estates. They may require separate recording with the county and notification to the relevant water…What if there is a notice of default on the property?A notice of default means the lender has started the foreclosure process. In California, after a notice of default is filed there is typically a 90-day reinstatement period, then a notice of trustee sale, then the sale 21 days later. Death does…Can I rent out a deceased person's home while the estate is being settled?The executor or trustee has the authority to manage estate property, including renting it. Rental income becomes an estate asset. Make sure the property is properly insured as a rental. Any existing leases continue to be valid — you cannot simply evict…What if the deceased was in escrow when they died?The escrow does not automatically terminate. The estate can proceed with the transaction — buying or selling — through the executor. Get a probate attorney and a real estate attorney involved immediately. The other party in the transaction has their own interests…What is a preliminary title report and why do I need one?A report issued by a title company showing the current state of title on a property — who owns it, what liens exist, and what encumbrances are recorded. Essential before any sale or transfer of inherited real estate. Order one early —…What is title insurance and do I need it when I inherit property?Title insurance protects against defects in title — claims from prior owners, unpaid liens, recording errors. If you inherit property, you may want to purchase an owner's policy to protect against issues that arose before the transfer. Required by lenders if you…