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.
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
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.
- 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
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.
- 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
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.
- 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
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.
- 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 process
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 know
- 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.
Special situations: loans, multiple heirs, out-of-state, insurance
Keep the Vehicle Insured
Maintain insurance on the vehicle throughout the transfer process. If the policy was in the deceased's name, contact the insurance company to add yourself as a driver or transfer the policy.
Outstanding Loans
If there is a loan on the vehicle, contact the lender. You may need to pay off the loan, refinance in your name, or return the vehicle depending on the estate's finances.
Multiple Heirs
If multiple people inherit a vehicle, the title agency may require signatures or authority from each person with an interest. Verify the required signatures before attempting the transfer.
Out-of-State Vehicles
If the deceased lived in another state or the vehicle is registered elsewhere, you may need to work with that state's DMV first before transferring to Texas.
Frequently Asked Questions
Can I transfer a car title without probate in Texas?
What documents do I usually need to transfer a vehicle after death in Texas?
What if there is a loan on the vehicle?
Can I transfer a car in Texas without probate?
What is Texas Form VTR-262?
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 AssessmentStill 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
Information current as of June 4, 2026
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.
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