PathAfter FAQ
Property, Vehicles, and Utilities
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
How do I transfer a car title in California after a death?If the estate qualifies for small estate procedures: use the DMV's REG 5 form (Affidavit for Transfer Without Probate) if the vehicle's value is under $184,500 and 40 days have passed. For probate estates: the executor uses letters testamentary plus DMV Form…What if I just want to sell the car quickly?You cannot sell a vehicle you do not have title to. Transfer the title first using the appropriate process above. Once the title is in the estate's name or your name, you can sell it. A private sale may be faster than…What about their vehicle registration and smog check?Registration remains valid through its expiration date regardless of the owner's death. If you are driving the vehicle, make sure insurance is current. If the vehicle needs smog before the estate can transfer or sell it, you are responsible for getting it…How do I handle utilities when someone dies?Call each utility with a death certificate and ask to either transfer service to your name or close the account. Ask about any deposits that may be refundable. If the home is going through probate and will be vacant, keep utilities on…What do I do about their mortgage while the estate is being settled?Continue making payments if the estate can afford to — missing payments can lead to foreclosure regardless of the legal situation. If you are a surviving spouse or co-borrower, contact the lender about transferring or assuming the loan. Federal law (Garn-St. Germain…What if the house is underwater — worth less than the mortgage?The estate is responsible for the mortgage, not you personally — unless you co-signed. Options: sell the home in a short sale (lender agrees to accept less than owed), let it go to foreclosure, or negotiate with the lender. Consult a real…Can I sell a house that is in probate?Yes, but the court must approve the sale. The executor petitions the court, a minimum price is set, and the sale must be publicly noticed. This adds time and paperwork. If the home is in a trust, the trustee can sell it…What if there is a reverse mortgage on the home?A reverse mortgage becomes due when the borrower dies. The estate has options: pay off the loan and keep the home, sell the home and use proceeds to pay off the loan, or let the lender take the home. The estate is…What about their homeowner's association (HOA)?Notify the HOA of the death. HOA dues continue to accrue against the estate until the property is sold or transferred. Unpaid HOA dues can become a lien on the property. Do not ignore HOA correspondence.What if they were renting — what happens to their lease?California Civil Code 1934 allows the estate of a deceased tenant to terminate a lease with 30 days' written notice. The landlord may keep the security deposit for unpaid rent or damages per normal rules. If a surviving family member was living…What about their personal property — furniture, jewelry, collections?Personal property is an estate asset. The executor is responsible for inventorying and protecting it. For probate estates, assets should not be distributed until the court authorizes it. For trust estates, the trustee distributes per the trust terms. Selling or giving away…How do I value personal property for the estate?For common items: use reasonable fair market value (what you could sell it for today, not what it cost). For valuable items — jewelry, art, collectibles, antiques — get a professional appraisal. For probate purposes, an inventory and appraisal may be required…What about their business property or equipment?Business assets are part of the estate if they were sole proprietor. Partnership and LLC assets depend on the operating agreement — the other partners or members typically have first rights. Get a business attorney involved before touching or distributing business property.What if they had a storage unit with unknown contents?Pay the rent to keep it accessible. Get in as soon as you can to inventory the contents. If you are the executor, document everything before removing anything. If rent lapses, the facility can auction the contents — California law requires notice…What about their safe or locked items at home?A locksmith can open a safe — bring the death certificate in case anyone asks. Contents are estate assets. Photograph everything before removing items. If you find significant cash, documents, or valuables, document them carefully — they belong to the estate.