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Texas Vehicle Transfer After Death

Transfer car title after death in Texas by matching the title to the right path. When the estate is $75,000 or less, heirs can often skip probate using TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle), filed with Form 130-U at a county tax assessor-collector office.

Texas DMV (Department of Motor Vehicles)
https://www.txdmv.gov/
Transfer fee
$33
Title fee
$33
Registration
Varies by vehicle type
Small estate limit
$75,000

How Was the Vehicle Titled?

The transfer process depends on ownership type. Pick your situation below.

Affidavit of Heirship for a Motor Vehicle (VTR-262)Probate may not be needed

There is no will, the estate is $75,000 or less, and no formal administration is open

Process

TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) lets heirs transfer a vehicle without probate when the estate value is $75,000 or less. The affidavit must be signed by two disinterested witnesses who are not heirs and have no interest in the vehicle, and it is filed with Form 130-U.

Documents Needed
  • Certified death certificate
  • Completed Form VTR-262 (Affidavit of Heirship for a Motor Vehicle)
  • Two disinterested witness signatures (not heirs)
  • Current vehicle title
  • Form 130-U (Application for Texas Title and/or Registration)
  • Valid ID
Surviving SpouseProbate may not be needed

A surviving spouse is taking the vehicle, often held as community property

Process

A surviving spouse can usually transfer the vehicle without probate using Form 130-U and a certified death certificate. If the vehicle was community property, the spouse already owned half.

Documents Needed
  • Certified death certificate
  • Current vehicle title
  • Form 130-U (Application for Texas Title and/or Registration)
  • Valid ID
Will and Letters TestamentaryProbate likely needed

The vehicle goes to a person named in the will and the estate is being probated

Process

When the estate is probated, the executor obtains Letters Testamentary, signs the title as seller, and the beneficiary applies for a new title with Form 130-U.

Documents Needed
  • Certified death certificate
  • Current vehicle title
  • Letters Testamentary from the probate court
  • Form 130-U (Application for Texas Title and/or Registration)
  • Valid ID
Court-Approved Small Estate AffidavitProbate may not be needed

There is no will and the estate qualifies for a small estate affidavit

Process

A court-approved Small Estate Affidavit (estate $75,000 or less, 30 days after death) can authorize the vehicle transfer. File it with Form 130-U.

Documents Needed
  • Certified death certificate
  • Court-approved Small Estate Affidavit
  • Current vehicle title
  • Form 130-U (Application for Texas Title and/or Registration)
  • Valid ID
See the full step-by-step processThe forms, the order to do them, and what to bring

Read the Texas title before anyone signs

Confirm sole or joint ownership, whether the vehicle was community property, and whether a lien appears. A deceased owner cannot sign, so choose the right authority path first.

Check the $75,000 affidavit-of-heirship path

If there is no will and the estate is $75,000 or less, Form VTR-262 lets heirs transfer the vehicle without probate. Line up two disinterested witnesses who are not heirs.

Complete VTR-262 and Form 130-U

Form VTR-262 is the Affidavit of Heirship for a Motor Vehicle. Form 130-U is the Application for Texas Title and/or Registration. Most non-probate transfers file both.

File at a county tax assessor-collector office

You can file at any Texas county tax office, not only the one where the decedent lived. The title application fee is $33; registration fees vary.

Mind the 60-day transfer window

Texas charges a late-transfer penalty after 60 days, so file promptly and keep the vehicle insured until the title and registration are updated.

Good to knowShort notes that save a second trip to the title office
  • Vehicles can be exempt property. Under Texas Property Code 42.002, a vehicle is often exempt property and may pass outside probate to surviving family members. Confirm with the county tax office how that affects your specific transfer.
  • Watch the 60-day deadline. Texas applies a $25 late-transfer fee plus $25 per month after the transfer deadline. Verify current penalty amounts with TxDMV, and transfer the title promptly to avoid charges.

Frequently Asked Questions

Can I transfer a car title without probate in Texas?
Often, yes. In Texas, heirs can transfer a vehicle without probate using TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) when the estate is $75,000 or less, signed by two disinterested witnesses, and filed with Form 130-U. A surviving spouse can also usually transfer directly.
What documents do I usually need to transfer a vehicle after death in Texas?
Common Texas documents include the current vehicle title, a certified death certificate, Form 130-U (Application for Texas Title), and a valid ID. A non-probate transfer often adds Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) signed by two disinterested witnesses, or Letters Testamentary if the estate is probated.
What if there is a loan on the vehicle?
A lender still has rights in the vehicle. Before transfer, contact the lender to confirm payoff, refinance, or release requirements so the DMV filing is not rejected. Depending on the estate finances, the options are usually paying off the loan, refinancing it in the new owner name, or returning the vehicle.
Do I need to keep the car insured during the transfer?
Yes. Keep insurance on the vehicle throughout the transfer process. If the policy was in the deceased person name, contact the insurer to add yourself as a driver or move the policy, and do not let coverage lapse before the title and registration are updated.
What if several heirs inherit the car together?
The title agency may require signatures or authority from each person with an interest in the vehicle. Verify exactly whose signatures are required before the office visit. In practice, one heir often keeps the car and buys out the others, or the estate sells it and splits the proceeds.
What if the car is titled in another state, not Texas?
If the person who died lived elsewhere or the vehicle is registered in another state, that state's motor vehicle agency usually handles the deceased-owner transfer first. Complete the transfer under the title state's rules, then register the vehicle in Texas if it is staying here.
Can I transfer a car in Texas without probate?
Yes, in many cases. When the estate is $75,000 or less, heirs can use TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle), signed by two disinterested witnesses who are not heirs, filed with Form 130-U at a county tax assessor-collector office.
What is Texas Form VTR-262?
Form VTR-262 is the TxDMV Affidavit of Heirship for a Motor Vehicle. It lets heirs transfer a vehicle outside probate when the estate is $75,000 or less. It must be signed by two disinterested witnesses who are not heirs and have no interest in the vehicle.

Not Sure Whether Probate Is Required?

Use the Texas probate assessment before you submit DMV paperwork if the vehicle was solely owned or the estate looks close to a small-estate threshold.

Take Texas Assessment

Still weighing whether to keep or sell the car? Read what to do with the car when someone dies for the keep-or-sell decision, or see how to sell the car if you cannot find the title in Texas.

Official Texas Sources

Form VTR-262, Affidavit of Heirship for a Motor Vehicle - Texas Department of Motor Vehicles. Official TxDMV form, accessed 2026-06-20.
Form 130-U, Application for Texas Title and/or Registration - Texas Department of Motor Vehicles. Official TxDMV form, accessed 2026-06-20.
Buying or Selling a Vehicle - Texas Department of Motor Vehicles. Official TxDMV page, accessed 2026-06-20.

Information current as of July 8, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Texas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

Need Help With the Full Estate?

Vehicle transfers are often just one part of settling an estate. See our related guides.

All Asset TransfersTexas Probate Guide

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