If a Texas vehicle owner dies and the estate isn’t being probated, the heirs can transfer the car with Form VTR-262, Affidavit of Heirship for a Motor Vehicle. Every heir who must sign does so in front of a notary, and the person receiving the car takes it to the county tax office with Form 130-U.
When you can use VTR-262
- No will, and no administration of the estate is needed, or
- A will exists, but no application for probate or administration has been filed and the heirs agree it won’t be, or a court has decided no administration is necessary.
If the estate has been probated, the executor or administrator signs the title instead, with a certified copy of the probate papers, Letters Testamentary or Letters of Administration. VTR-262 isn’t needed then.
Who has to sign
- A surviving spouse is the only heir who needs to sign, unless the deceased had children with someone else. Then all those children sign too.
- No surviving spouse: all children of the deceased sign.
- No spouse and no children: TxDMV says to consult a lawyer about who the heirs at law are.
- A guardian signs for minor children and attaches Letters of Guardianship.
- More than three heirs, or heirs who can’t meet the same notary on the same day: complete extra copies and submit them all together.
The heirs can’t sign through a power of attorney.
What you need
- VTR-262, signed by the required heirs before a notary
- Form 130-U, Application for Texas Title and/or Registration
- If a court decided no administration is necessary: the original or certified court document, and the parts of the will that name the owner and the heirs
- Title or registration verification, if the car was last titled in another state
- A release of lien, if one is recorded
- Proof of insurance in the applicant’s name, if registering
Filling in VTR-262
VTR-262 is a fillable PDF.
- Vehicle/decedent information: VIN, year, make, body style, model, title number (optional), plate, date and county/state of death, and the recorded owner’s name.
- Surviving heir(s): names and addresses of up to three heirs.
- Transferee(s): who the car is going to. An heir can be the transferee.
- Affiant certification: tick whether there was no will or a will that won’t be probated, then each heir signs before the notary.
- Odometer disclosure: one heir and the new owner complete it, if the vehicle needs one. This can be done after notarization.
Errors that are lined through need a statement of fact; erasures may mean starting a new form.
Tax and fees
A vehicle received from a decedent’s estate qualifies for the $10 gift tax rather than 6.25% sales tax (it’s listed on Form 130-U). The title application fee also applies.
Selling the car after?
The new owner gets the title in their name first, then sells it. See Texas title transfer after a private sale.