How to transfer a vehicle title after a death in Texas

In Texas, you transfer a vehicle after the owner dies at your county tax assessor-collector's office. Which papers you bring depends on the situation: probate letters, an Affidavit of Heirship for a Motor Vehicle (Form VTR-262), a rights of survivorship agreement, or a beneficiary named on the title. Here's how each one works.

Where do I go?

To your county tax assessor-collector's office, the county tax office. Every path below includes an Application for Texas Title and/or Registration (Form 130-U). For questions, TxDMV answers at (888) 368-4689. Sources: TxDMV, Affidavit of Heirship for a Motor Vehicle (VTR-262), TxDMV, buying or selling a vehicle.

If the estate went through probate

The executor or administrator can sign the title over, with a certified copy of the probate proceedings, Letters Testamentary or Letters of Administration attached. The heirship affidavit isn't needed. Source: TxDMV, Affidavit of Heirship for a Motor Vehicle (VTR-262).

If there's no probate: the heirship affidavit

Form VTR-262 works when the owner left no will, or left a will but no probate was filed and the heirs agree it won't be, or a court decided no administration is needed. Source: TxDMV, Affidavit of Heirship for a Motor Vehicle (VTR-262).

Who signs. A surviving spouse is the only heir who signs, unless the person had children with someone else; then those children sign too. With no spouse, all children sign. A guardian signs for minor children and attaches Letters of Guardianship.
How. Each heir signs in front of a notary. It can't be signed with a power of attorney. More than three heirs, or heirs at different notaries, use extra copies of the form.
What to bring. Form 130-U, Form VTR-262, a release of lien if there's a lien, proof of insurance if you're registering it, and the court document if a court decided no administration was needed.
No spouse or children? The form says to talk to a lawyer about who the heirs are.

Source: TxDMV, Affidavit of Heirship for a Motor Vehicle (VTR-262).

Rights of survivorship

If the owners signed a Rights of Survivorship Agreement (Form VTR-122), the vehicle passes to the survivors. They get a new title with Form 130-U and a copy of the death certificate, plus the original agreement if it isn't already noted on the title. Source: TxDMV, Rights of Survivorship Agreement (VTR-122).

A beneficiary named on the title

An owner can name a beneficiary with Form VTR-121, filed at the county tax office with Form 130-U and the $28 or $33 title fee while the owner is alive. A will doesn't override it. After the death, the beneficiary must outlive the owner by 120 hours and apply within 180 days, with Form 130-U, the fee, the title naming them, and the death certificate. If the title can't be found, the county tax office can print the vehicle record. Past 180 days, the vehicle goes through heirship or probate. Source: TxDMV, Beneficiary Designation for a Motor Vehicle (VTR-121).

If the title is lost

The owners on record can get a certified copy with Form VTR-34. All owners sign and show photo ID. It's $2 by mail or $5.45 in person at a TxDMV regional service center, and you wait 30 days after the last copy was issued. If a paid-off lien still shows, bring the original release of lien. Source: TxDMV, get a copy of your title.

Checklist

[ ] Form 130-U
[ ] The title, or the vehicle's VIN and plate number
[ ] Certified copy of the death certificate
[ ] Letters Testamentary or of Administration, or Form VTR-262 signed before a notary
[ ] Form VTR-122 or VTR-121, if one was signed
[ ] Release of lien, if there was a loan
[ ] Proof of insurance, if you'll register it
[ ] Photo ID and payment for fees

To get death certificates, see how to get a death certificate in Texas. Sources: TxDMV, Affidavit of Heirship for a Motor Vehicle (VTR-262), TxDMV, Beneficiary Designation for a Motor Vehicle (VTR-121).

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Frequently asked questions

Can I transfer my late husband's car without probate in Texas?

Often yes. If there's no will, or a will that won't be probated, the heirs can use the Affidavit of Heirship for a Motor Vehicle (Form VTR-262) at the county tax office.

Who signs the heirship affidavit?

A surviving spouse alone, unless the person had children with someone else. With no spouse, all the children sign. Every signature is notarized.

Does a will override a vehicle beneficiary designation?

No. TxDMV says a will doesn't revoke or replace a beneficiary designation, no matter when the will was made.

Is this legal advice?

No. It's general information from TxDMV forms and pages. The county tax office decides what it accepts.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.