Affidavit of Heirship for a Motor Vehicle in Texas (VTR-262)

To transfer a deceased Texas owner’s vehicle without probate, the heirs complete Form VTR-262, the Affidavit of Heirship for a Motor Vehicle in Texas, have it notarized, and submit it to the county tax assessor-collector along with a title application, any lien release, and a title fee of $28 or $33. The process only works when no court has appointed anyone to administer the estate, and the form has specific rules about which family members must sign.

When You Can Use Form VTR-262

The affidavit works when no one has gone to probate court to administer the estate. The form itself states the rule: “If there has been no administration on the estate, and no administration is necessary, the heirs may complete this form.”¹ Once a court appoints an executor or administrator, VTR-262 is off the table. In that case, the executor transfers the title using Letters Testamentary or Letters of Administration.

Two situations qualify. The first is the common one: the owner died without a will and nobody filed for probate. The second is a will that exists but where a court has determined that formal administration is unnecessary. That second path requires extra paperwork: an original or certified copy of the court order stating no administration is necessary, plus the portions of the will showing the vehicle belongs to the estate and naming the heirs.¹

Which Heirs Have to Sign

Not every relative needs to appear at a notary. Who signs depends on who survived the owner.

Surviving spouse and no children from another relationship: the spouse signs alone.¹
Surviving spouse plus children the deceased had with someone else: the spouse and all of the deceased’s children must sign. Blended families are the common trap here.
No surviving spouse: all children of the deceased must sign.
No spouse and no children: the form directs you to consult a lawyer to identify the heirs under Texas law.

The form has room for three heirs. If more than three need to sign, you fill out additional copies of the entire VTR-262 and submit them together at the county tax office.¹ Heirs who cannot appear before the same notary on the same day can sign separate copies.

Power of attorney does not work for the heir certification. Every heir who must sign has to appear before a notary in person.¹

How Texas Intestate Rules Fit In

The signature list mirrors who inherits under Texas law. If the vehicle was community property and the couple had only shared children, the whole community estate passes to the surviving spouse. If the deceased had children from another relationship, those children inherit the deceased spouse’s half.² Because Texas is a community property state, a car bought during the marriage is usually community property, and the surviving spouse already owns half of it.

Separate property runs differently. If the deceased left children, the surviving spouse gets one-third of personal property, and the children split the other two-thirds. With no spouse in the picture, the estate goes to children first, then to parents and siblings, in the order set out in Chapter 201.² If your situation goes beyond a straightforward spouse-and-children setup, talk to a probate attorney before signing anything.

Filling Out the Form

Form VTR-262 is available as a PDF on the TxDMV website. The Vehicle/Decedent Information section asks for the VIN, license plate number, year, make, and model, plus the deceased owner’s name, date of death, and the county and state where the death occurred. Every field is required unless the form says otherwise.¹

The Surviving Heir(s) section collects each signing heir’s personal details. The Transferee(s) section names who is actually receiving the vehicle. An heir can appear as both an heir and a transferee, which is what happens when one family member is keeping the car.

The Affiant Certification section asks whether the deceased left a will. Each heir signs this section before a notary, and every signature must be notarized.¹ Texas notaries can charge up to $10 for the first signature and $1 for each additional signature on the same document.³

Odometer Disclosure

The VTR-262 has an odometer disclosure section that one heir and the transferee complete. Federal law requires disclosure on vehicles less than 20 model years old; vehicles 20 or more model years old are exempt. This section can be filled in after notarization, and only one heir needs to sign it as the seller.¹

If the Vehicle Was Last Titled Out of State

When the deceased’s vehicle was titled in another state, the county tax office needs title or registration verification from that state on top of the standard paperwork. If you have the out-of-state title, bring it. If not, request a title history or verification from the other state’s DMV before filing in Texas.

Clearing a Lien on the Title

Any lien on the title has to be released before the county tax office can process the transfer. Even if the loan was paid off years ago, an unreleased lien in the state’s records will block a new title.⁴

For paper titles, you need an original lien release letter from the lender. A fax or photocopy will not work.⁴ Contact the financial institution that held the loan and ask for a formal release. If the lender is out of business, you may have to find whoever bought the loan portfolio.

Many Texas lenders participate in the Electronic Lien and Title (ELT) program. When a loan is paid off under that system, the lienholder must electronically notify TxDMV within 10 days, and the department then removes the lien and mails a paper title to the owner’s address.⁵ If the deceased paid off the loan but the electronic release never went through, contact the lender directly to trigger it.

What to Bring to the County Tax Office

This is where trips get wasted. The VTR-262 is one of several documents. Here is the full set:

Form VTR-262, completed and notarized.
Form 130-U, the Application for Texas Title and/or Registration. TxDMV and the Comptroller’s office both use this form to process the title and calculate any taxes.¹⁶
The existing vehicle title, if available.
Lien release, if a lien is still recorded, even for a loan that was paid off.
Valid, unexpired driver’s license or government-issued photo ID for the person filing.⁷
Proof of current liability insurance in the applicant’s name, if you are also registering the vehicle.¹
If a will exists, the original or certified court order stating no administration is necessary, plus relevant portions of the will.

Bringing a certified copy of the death certificate is a practical step. It is not listed in the VTR-262 instructions, but some county offices ask for it as supporting documentation.

Fees and Motor Vehicle Tax

The Texas title application fee is set by statute at $33 in counties within a federal nonattainment area (most major metros, including Harris, Dallas, Tarrant, and Travis) or $28 in other counties.⁸ Some counties add a small processing or automation surcharge.

A change took effect on September 1, 2025. Senate Bill 2064 eliminated motor vehicle sales tax on vehicles inherited through a decedent’s estate. Heirs previously paid a $10 gift tax on the transfer, and that charge no longer applies.⁹ The title fee is essentially your only government cost, aside from notary fees and any registration charges if you are registering the vehicle at the same time.

How Long It Takes

Once the county tax office accepts your paperwork and fees, TxDMV processes the title application and mails the new certificate. The agency asks you to allow a minimum of 20 business days. If you have not received the title within 30 business days, contact TxDMV directly.¹⁰

Keep copies of every document you submit. If something is lost in the mail or the county contacts you about a discrepancy, your copies keep you from starting over.

Moving the Vehicle Before the Title Arrives

If the inherited vehicle has expired registration or no plates (because the deceased’s plates were returned), you cannot legally drive it on public roads. TxDMV offers a transit permit that lets you legally drive an unregistered vehicle home or to the county tax office, and you can order one through the TxDMV portal.¹¹

Federal Tax If You Later Sell the Vehicle

Inheriting a vehicle does not trigger federal income tax. The practical federal issue comes up only if you sell. Under federal law, inherited property gets a stepped-up cost basis equal to its fair market value on the date of the owner’s death.¹² Most vehicles depreciate, so the stepped-up basis is lower than what the deceased originally paid, and selling for around the date-of-death value produces little or no capital gain. The step-up matters more for classic or collectible vehicles that appreciated, where it can save significant tax compared to the original purchase price.

1
Texas Department of Motor Vehicles. Affidavit of Heirship for a Motor Vehicle
2
Texas Constitution and Statutes. Texas Estates Code Chapter 201 – Descent and Distribution
3
Texas Secretary of State. Notary Public Educational Information
4
Texas Department of Motor Vehicles. Get a Copy of Your Vehicle Title
5
Legal Information Institute. 43 Texas Administrative Code 217.104 – Electronic Lien Title Program
6
Texas Comptroller of Public Accounts. Motor Vehicle Tax Guide – Title and Registration
7
Texas Department of Motor Vehicles. Affidavit of Motor Vehicle Gift Transfer
8
State of Texas. Texas Transportation Code 501.138 – Title Fee
9
Texas Comptroller of Public Accounts. Motor Vehicle Tax Guide – Community Property
10
Texas Department of Motor Vehicles. Buying or Selling a Vehicle
11
TxDMV.gov. Temporary Permits
12
Office of the Law Revision Counsel. 26 U.S. Code 1014 – Basis of Property Acquired From a Decedent