The Texas VTR-262 Affidavit of Heirship for a Motor Vehicle lets a family transfer a deceased owner’s car, truck, or motorcycle into a new name without opening a probate case. Every qualifying heir signs the form in front of a notary, and the person receiving the vehicle takes it to the county tax assessor-collector’s office along with a title application, proof of insurance, and any lien release. In most cases the transfer is processed during a single office visit.
When the Form Applies
Texas Transportation Code Section 501.074 authorizes the Texas Department of Motor Vehicles to issue a new title based on an heirship affidavit when “administration of an estate is not necessary,” provided the affidavit identifies all heirs and names who should receive the title.1State of Texas. Texas Transportation Code TRANSP 501.074 The form works whether the owner died with or without a will, so long as no probate case has been opened.
If a court has already issued Letters Testamentary or Letters of Administration, the VTR-262 is not the right tool. In that situation the executor or administrator transfers the title by presenting certified copies of those court documents instead.2Texas Department of Motor Vehicles. Affidavit of Heirship for a Motor Vehicle
Who Has to Sign
Who signs depends on the deceased owner’s family situation, and the rules are stricter than most families expect.
- If there is a surviving spouse and all of the deceased’s children came from that marriage, only the surviving spouse signs as affiant.3Texas Department of Motor Vehicles. Affidavit of Heirship for a Motor Vehicle
- If the deceased had children from another relationship, all of those children must sign, whether or not a spouse also survives.
- If there is no surviving spouse, all of the decedent’s children must sign.
The form has room for three signatures. When more than three heirs need to sign, additional copies of the VTR-262 are filled out and submitted together at the tax office, each showing the same vehicle and decedent information.
Identifying Every Heir
The affidavit is a sworn statement that the people listed are “the sole and only known heirs at law of the deceased.” Leaving someone off is a legal problem, because the county is relying on that statement to confirm no other claimant exists. If the owner died without a will, Texas intestate succession rules determine who qualifies:
- Married with children all from that marriage: the surviving spouse takes all community property; separate personal property is split between the spouse and children.
- Married with children from a different relationship: the deceased spouse’s half of community property passes to those children; the surviving spouse keeps their own half.
- Married with no children: the surviving spouse takes all community property; separate personal property is split between the spouse and the deceased’s parents or siblings.
- Unmarried or widowed: children inherit equally; if there are no children, property passes to parents, then siblings, then more distant relatives.
Every person who qualifies under these rules is listed on the affidavit, even if they will not receive the vehicle.
Filling Out the Form
The VTR-262 is a free PDF from the Texas Department of Motor Vehicles at txdmv.gov. It asks for four things: the vehicle, the decedent, the heirs, and the transferee.
Under vehicle information, enter the Vehicle Identification Number, year, make, body style, model, and license plate number. If you have the old title you can add the title or document number; if not, the form says to leave that field blank. Enter the date of death and the county and state where the death occurred exactly as they appear on the death certificate, since those details tie the affidavit to a verifiable record.
List each heir’s name and relationship to the deceased. Then complete the “Transferee” section, which names the specific person who will hold the new title. The transferee is often one of the heirs, but the heirs can collectively agree to transfer the vehicle to any person they choose, and their signatures affirm that consent.
Getting the Signatures Notarized
Every signature on the VTR-262 must be notarized. Each heir signs in front of a notary public who verifies their identity and applies an official seal. The heirs do not have to appear before the same notary at the same time. An heir who lives out of town can notarize locally and mail the completed page to whoever is assembling the paperwork.
Texas law caps notary fees at $10 for the first signature and $1 for each additional signature on the same document.4Office of the Texas Secretary of State. Notary Public Educational Information Banks, shipping stores, and law offices commonly offer the service. A notary charging significantly more is exceeding the statutory maximum.
What to Bring to the County Tax Office
Once the VTR-262 is signed and notarized, the transferee brings it to the county tax assessor-collector’s office along with the following:2Texas Department of Motor Vehicles. Affidavit of Heirship for a Motor Vehicle
- Form 130-U, the Application for Texas Title and/or Registration, naming the new owner.5Texas Comptroller of Public Accounts. Motor Vehicle Tax Guide – Application for Texas Title and/or Registration
- A release of lien from the lender if the title record shows an outstanding loan.
- Title or registration verification if the vehicle was last titled in another state.
- Proof of the new applicant’s liability insurance. If insurance is not yet in place, the transferee can apply for “title only” without registration.6Texas Department of Motor Vehicles. Buying or Selling a Vehicle
- A court order and relevant portions of the will, if a court has already ruled that no administration is necessary.
The instructions do not list a death certificate as required, but some county offices ask to see one, so bringing a certified copy avoids a second trip.
Fees and Motor Vehicle Tax
The title application fee is $33 in counties within emissions-compliant areas and $28 elsewhere.7Tarrant County, TX. Title Fees and Taxes If the registration has lapsed, expect renewal fees and local road and bridge charges on top of that.
Inherited vehicles are exempt from Texas motor vehicle tax. As of September 1, 2025, a vehicle transferred from a decedent’s estate to an heir, whether by will or by intestate succession, is not subject to motor vehicle sales or gift tax under Tax Code Section 152.094.8Texas Comptroller of Public Accounts. Motor Vehicle Tax Guide – Inherited Motor Vehicles The exemption applies even when the vehicle has an outstanding lien at the owner’s death.9Texas Comptroller of Public Accounts. Motor Vehicle Tax Guide – Motor Vehicles Transferred From Decedent’s Estate
If the Vehicle Still Has a Loan
A car loan does not disappear when the borrower dies. The lender still holds a lien on the vehicle, and if payments stop the lender can repossess it no matter who inherited it. Heirs are not personally responsible for the balance, which remains a debt of the estate, but that is different from getting to keep the car. The practical options are to keep making the payments, negotiate with the lender, or let the vehicle go. The VTR-262 handles the title transfer only; a clean title in the new owner’s name still requires a lien release from the lender.
After You File
The clerk processes the transfer in the state database during the visit and hands over a receipt that serves as temporary proof the application is in progress. TxDMV asks applicants to allow at least 20 business days for the new title to arrive by mail and to contact the agency if nothing arrives within 30 business days. If a lienholder is on the new title, the title is mailed to the lender rather than the owner.
Turning Down an Inherited Vehicle
An heir who does not want the vehicle can formally disclaim their interest. A qualified disclaimer must be in writing, signed, and delivered within nine months of the date of death. You cannot have already accepted or used the vehicle: driving it, storing belongings in it, or otherwise benefiting from it forfeits the ability to disclaim. A disclaimed interest passes to the next heir in line as if the disclaiming person never existed.