California Probate Form

Notice Of Transfer And Release Of Liability (N/a)

Everything you need to know about California Form Notice Of Transfer And Release Of Liability (N/a), including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related CA probate forms.

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About Notice Of Transfer And Release Of Liability (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Notice Of Transfer And Release Of Liability (N/a) is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

When the owner of a California registered vehicle sells or transfers title or interest in the vehicle, the seller must complete a Notice of Transfer and Release of Liability (REG 138) and submit it to the department within five calendar days

Atticus Fast Facts About Notice Of Transfer And Release Of Liability (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Transfer And Release Of Liability (N/a):

  • This form pertains to the State of California

  • The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form Notice Of Transfer And Release Of Liability (N/a) up to date, certain details can change from time-to-time with little or no communication.

How to file Form Notice Of Transfer And Release Of Liability (N/a)

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Notice Of Transfer And Release Of Liability (N/a), take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Notice Of Transfer And Release Of Liability (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Notice Of Transfer And Release Of Liability (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Notice Of Transfer And Release Of Liability (N/a) is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit this form as quickly as possible:

  1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form Notice Of Transfer And Release Of Liability (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit this form Online

Notice Of Transfer And Release Of Liability (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Notice Of Transfer And Release Of Liability (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Notice Of Transfer And Release Of Liability (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form Notice Of Transfer And Release Of Liability (N/a) is a probate form in California.

  • When the owner of a California registered vehicle sells or transfers title or interest in the vehicle, the seller must complete a Notice of Transfer and Release of Liability (REG 138) and submit it to the department within five calendar days

  • California has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in California.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in California, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Notice Of Transfer And Release Of Liability (N/a)

When the owner of a California registered vehicle sells or transfers title or interest in the vehicle, the seller must complete a Notice of Transfer and Release of Liability (REG 138) and submit it to the department within five calendar days

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form Notice Of Transfer And Release Of Liability (N/a)

Here’s the text, verbatim, that is found on California Form Notice Of Transfer And Release Of Liability (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

NOTICE OF TRANSFER AND RELEASE OF LIABILITY Please Protect Yourself! Submit a Notice of Transfer and Release of Liability Give Us (See Reverse for Additional Information) NEW OWNER’S LAST NAME (OR) COMPANY NAME FIRST NEW OWNER’S ADDRESS APT NUMBER ODOMETER READING (NO TENTHS) CITY STATE ZIP CODE DATE OF SALE, TRANSFER, OR LEASE RETURN SELLER’S OR LESSEE’S LAST NAME (OR) COMPANY NAME FIRST SELLING PRICE (NO CENTS) SELLER’S OR LESSEE’S ADDRESS APT NUMBER IF VEHICLE IS A GIFT, CITY STATE ZIP CODE VEHICLE LICENSE OR CF NUMBER MAKE OR BUILDER YEAR MODEL VEHICLE ID OR VESSEL HULL NUMBER REG 138 (REV. 2/2012) X NOTICE OF TRANSFER AND RELEASE OF LIABILITY MAIL THIS FORM TO DMV OR FILE ONLINE AT dmv.ca.gov , MO. DAY YR. DMV DOCUMENT IMAGING USE ONLY TO ENSURE YOUR LIABILITY IS RELEASED, PLEASE FOLLOW THE INSTRUCTIONS BELOW. THE FORM MUST BE COMPLETED IN FULL. PRINT IN CAPITAL LETTERS USING BLACK OR BLUE INK. WHOLE DOLLARS WARNING! You must provide accurate, legible information: vehicle/vessel description, your name/address, buyer’s name/address, and date of sale, transfer, or lease return, or the information SHALL NOT be updated or retained. 1. VEHICLE OR VESSEL 4. DATE OF SALE, TRANSFER, OR DESCRIPTION LEASE RETURN 2. NEW OWNER’S NAME 5. YOUR NAME AND ADDRESS AND ADDRESS 3. ODOMETER READING This form may be filed online at dmv.ca.gov and a receipt can be printed ensuring it had been received. This form may also be mailed, but no notification will be sent that it was received. WARNING: You must provide accurate, legible information: vehicle/vessel description, your name/address, new owner’s name and address, and the date of sale, transfer, or lease return. Otherwise the information WILL NOT be updated or retained. You WILL NOT receive notification that the information was not updated or retained. Pay careful attention to write the new owner’s information in the new owner section and the seller’s information in the seller’s section. If you have multiple vehicles or sell multiple vehicles at the same time, be sure to enter the correct vehicle license plate and vehicle identification number for the correct vehicle and list the correct new owner. File this form within 5 days of the transaction taking place. Submitting this notice yourself is the best way to ensure DMV gets all the information in a timely manner. If you give this form to the new owner, they may never submit it to DMV on your behalf. IF YOU ARE COMPLETING THIS FORM INSTEAD OF FILING ONLINE AT dmv.ca.gov, DETACH AND KEEP THIS PART FOR YOUR RECORDS AND MAIL THE TOP CARD TO DMV. DO NOT MAIL A COPY OF A BILL OF SALE OR ANY OTHER DOCUMENTATION WITH THIS FORM. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ® A Public Service Agency REG 138 (REV. 2/2012) SELLER’S OR LESSEE’S SIGNATURE ENTER 0 FOR SELLING PRICE DEPARTMENT OF MOTOR VEHICLES P. O. BOX 942859 SACRAMENTO, CA 94259-0001 REG 138 (REV. 2/2012) From: ____________________________________ ____________________________________ ____________________________________ DEPARTMENT OF MOTOR VEHICLES NOTICE OF TRANSFER AND RELEASE OF LIABILITY P. O. BOX 942859 SACRAMENTO, CA 94259-0001 FIRST CLASS LETTER POSTAGE REqUIRED FDDFTADDAFAAAFTTFATDAFATDTAADDFTATTFDFFTTTTADFADTDAAFATFAFFTTTDAA A REG 138 (REV. 2/2012) IF YOU DO NOT FILE THIS FORM ONLINE AT dmv.ca.gov, COMPLETE AND MAIL THE TOP CARD TO DMV AND DETACH AND KEEP THIS PART FOR YOUR RECORDS You are required by law to notify the Department of Motor Vehicles (DMV) within five (5) days from the date you sell or otherwise dispose of a vehicle or vessel. This form is provided for use in reporting the sale or transfer to the Department, and does not constitute application for transfer of ownership (title). BEFORE YOUR NAME IS REMOVED FROM DMV’S RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF OWNERSHIP (TITLE) RECEIVED FROM YOU AND THEY MUST COMPLETE ALL TRANSFER REQUIREMENTS. When this form is properly completed and the information is recorded by DMV (see WARNING on reverse side), liability for parking and/or traffic violations and civil litigation resulting from operation of the vehicle/vessel after the date of sale, transfer, or lease return, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owner’s identification to ensure the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as collection notices can be received months/ years after the vehicle has been sold; do not ignore any collection notice. California Vehicle Code (CVC) §5602 states the requirements for releasing liability and may be referred to for any liability disputes. VEHICLE LICENSE OR CF NUMBERMAKE OR BUILDERYEAR MODELVEHICLE ID OR VESSEL HULL NUMBER ODOMETER READINGDATE OF SALE, TRANSFER, OR LEASE RETURNSELLING PRICE (IF VEHICLE IS GIFT, ENTER 0) NAME OF NEW OWNER ADDRESS OF NEW OWNER

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