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

When someone dies in Texas with a vehicle in their name and no will, the Texas Department of Motor Vehicles (TxDMV) offers a direct, probate-free path to transfer the title: Form VTR-262, the Affidavit of Heirship for a Motor Vehicle. This form lets the heirs transfer the vehicle without opening a probate estate or obtaining Letters of Administration — provided specific conditions are met.

When You Can Use Form VTR-262

VTR-262 is only available when all of the following are true:

1. The deceased left no valid will. If there is a probated will, the executor uses a different process (typically an executor's bill of sale or a court order authorizing the transfer). VTR-262 is strictly for intestate situations — where the person died without a will.
2. No court administration has been opened. If a probate estate has already been opened in the county court, VTR-262 cannot be used — the estate must go through the executor or administrator.
3. All surviving heirs agree on who should inherit the vehicle. Because there is no court to referee, unanimity is required. Every heir must sign the form.

If these conditions are met, VTR-262 allows the heirs to bypass probate entirely for the vehicle.

What Form VTR-262 Requires

The affidavit is a sworn statement asserting that the deceased left no probated will, that no estate administration is pending, and that the signatories are the lawful heirs who agree on who should receive the vehicle.

To complete the form, you will need:

• All heirs must sign. Under Texas intestate succession law, all heirs must sign the VTR-262. If any heir refuses, the affidavit cannot be used and you may need to open a formal estate administration.
• Notarization. All heir signatures must be notarized — unless they are signed directly in front of a county tax assessor-collector employee, in which case notarization is not required.
• The original title. If available, the original vehicle title must be submitted. If the title is lost, you'll need to apply for a duplicate through TxDMV.
• Certified copy of the death certificate. Issued by the Texas DSHS Vital Statistics unit. Costs $20 for the first copy, $3 for each additional copy ordered at the same time.
• Proof of liability insurance for the vehicle in the name of the person who will receive the title.
• Odometer disclosure statement. Required for vehicles less than 10 model years old.
• Payment of title transfer fees. The baseline Texas title application fee is $28.00. If you live in an emissions nonattainment area or affected county (such as Tarrant County), the fee is $33.00.

Where to File

VTR-262 is submitted to your local county tax assessor-collector's office (also called the county tax office). This is the same office where you register vehicles and pay property taxes. You do not file VTR-262 with the probate court, the county clerk, or TxDMV headquarters.

If the signatures are not notarized, the signing must happen in person at the county tax office in the presence of a staff member authorized to witness the signatures.

What Happens After Filing

The county tax office processes the VTR-262 along with the other documents and issues a new title in the name of the designated heir. The process typically takes a few weeks, similar to any other vehicle title transfer. The new title will be mailed to the address provided on the application.

The heir receiving the vehicle should arrange insurance in their name before driving the vehicle — Texas law requires liability coverage, and the vehicle is no longer covered under the deceased's policy once title transfers.

If There Is a Will: A Different Process

If the deceased left a valid will that has been admitted to probate, VTR-262 is not the right form. The executor can transfer vehicle title using an executor's bill of sale or a similar document that establishes their authority to transfer personal property on behalf of the estate. The executor will need their Letters Testamentary from the probate court as proof of authority.

Alternatively, if the vehicle was titled with a beneficiary designation through Form VTR-121 (which the vehicle owner can complete during their lifetime to name a specific beneficiary), that beneficiary presents the death certificate directly to the county tax office and receives the title without any court involvement — even if there is a will.

Vehicles with a Lien

If the vehicle has an outstanding loan, the lienholder's rights are not extinguished by the heirs using VTR-262. The heir who receives the title takes it subject to the existing lien. They will need to either continue making payments, refinance the loan in their own name, or pay off the balance to clear the title. If the heir cannot or does not want to assume the loan, the vehicle may need to be sold to pay off the lender.

Common Mistakes

Not including all heirs. If even one heir is left off the form — either intentionally or because the family does not realize they have a legal right — the affidavit is defective and the title transfer can be challenged later.

Using VTR-262 when a will exists. VTR-262 is only for intestate situations. Using it when a will exists is not legally appropriate, and the county office may reject it.

Not having a death certificate ready. The county tax office will not process VTR-262 without a certified death certificate. Do not wait until you are standing at the counter to order this document.

The broader estate settlement — handling bank accounts, real property, retirement accounts, and creditor notifications — requires additional steps beyond vehicle title transfer. The Texas Estate Settlement Guide at /us/texas/estate-settlement/ covers the full picture, including both probate and non-probate paths for each class of asset.

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