Transfer a Car Title After Death in Texas (Form VTR-262)

Figures verified November 12, 2026 against TxDMV: Form VTR-262, Affidavit of Heirship for a Motor Vehicle (rev. 11/20) · Update log

Short answer

When the estate is not being probated, the heirs sign Form VTR-262, the Affidavit of Heirship for a Motor Vehicle, before a notary, and take it with Form 130-U and the title to the county tax office. There is no waiting period and no value limit. A surviving spouse signs alone when all the children are also the spouse's; otherwise the children sign too.

Texas car title rules at a glance

Form	Form VTR-262, Affidavit of Heirship for a Motor Vehicle
Who signs	The heirs: the surviving spouse alone if every child of the person is also the spouse's child; otherwise the spouse and all the children; with no spouse, all the children. A guardian signs for a minor child.
Notarized?	Yes. Every signature is notarized, and a power of attorney can't be used.
Waiting period	None.
Value limit	None. It works whatever the car is worth, as long as no probate is open or needed.
Death certificate	Not needed with the VTR-262. It is needed for the beneficiary and survivorship routes.
Where to file	In person at your county tax assessor-collector's office.

Which route fits you

Start at the top: the first route that matches the title and the estate is the one the county tax assessor-collector expects. Each needs different paperwork.

1. The title names a beneficiary (Form VTR-121)

A Texas owner can name one beneficiary on the title with Form VTR-121. The beneficiary claims the car directly, and a will can't override it.

Apply no earlier than the 5th day and no later than the 180th day after the death (of the last surviving owner, if there were two).
Bring Form 130-U, the title showing the beneficiary (a printout of the vehicle record is enough if the title is lost), the death certificate, and a release of any lien.
Pay the $28 or $33 title application fee.

2. The owners signed a rights of survivorship agreement (Form VTR-122)

If the title shows "Survivorship Rights", or the owners signed a Rights of Survivorship Ownership Agreement, the car passes to the surviving owner.

The survivor applies for a new title with Form 130-U.
Bring the title, a copy of the death certificate, and the VTR-122 agreement if the title doesn't show the survivorship remark.
Without a survivorship agreement, two names on a title is not enough: the dead owner's share needs a VTR-262 or letters testamentary.

3. Heirs, with no probate: Form VTR-262

Use it when there is no will, or there is a will but no one has applied to probate it and all the heirs agree it won't be, or a court has ruled that no administration is necessary. It covers the car only.

Fill in the vehicle and the person's details, and list the heirs (up to three per form; use more copies for more heirs).
Name the transferee: one of the heirs, or the buyer if you are selling the car.
Each heir who must sign does so before a notary. Heirs who can't meet the same notary sign separate copies, and all copies go in together.
If a court ruled no administration is necessary, attach its order and the parts of the will that name the heirs.
One heir and the transferee sign the odometer statement on the form.
The transferee takes the VTR-262, Form 130-U, the title and any lien release to the county tax office in person.

4. The will is probated, or an administrator is appointed

Then no VTR-262 is needed. The executor or administrator signs the title and attaches proof of appointment.

Executor: attach a certified copy of the letters testamentary.
Administrator: attach the letters of administration.
Will probated as a muniment of title: attach a certified copy of the will or the court's order. If it doesn't give the car to one person, every beneficiary signs.

Texas probate court: County court, or a statutory probate court in larger counties. The executor's papers: Letters testamentary (with a will) or letters of administration (without one). See how executors get letters.

Optional: get help filing

Get a flat-fee quote for the estate's tax returns

The final Form 1040, the estate's Form 1041 and any state return are the parts executors most often hand off. Leave your email and the rough estate size, and a CPA or Enrolled Agent who prepares estate returns will reply with a fixed price. Free, and no obligation.

State where the person lived

Rough value of the estate

Add details (optional, helps the CPA price it)

What do you need help with?

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Month of death

First name

Anything else?

We pass your request to an independent CPA or Enrolled Agent who prepares these returns. We may be paid a referral fee by the professional; it never changes the price you are quoted. This is not legal or tax advice.

What to bring to the county tax office

For the VTR-262 route, take all of this in one go. Print this page to use it as a checklist.

Form 130-U, Application for Texas Title and/or Registration
Form VTR-262, signed by every required heir before a notary
The Texas title (if it's lost and the state has the record, you don't need a copy)
A release of lien, if the title shows a loan
Proof of insurance in the new owner's name, if you will register the car
The $28 or $33 title application fee

Fees

Title application fee	$33 if you live in one of 42 counties on the state's list (Harris, Dallas, Bexar, Tarrant, Travis and 37 others), $28 elsewhere
Motor vehicle tax on a transfer from the estate to an heir, since September 1, 2025	$0
Late transfer penalty for the heir named on the VTR-262	None

Common problems

Selling the car? Name the buyer as the transferee on the VTR-262. The buyer then titles it in their own name.
The heir named on the VTR-262 isn't charged the 30-day late transfer penalty.
Since September 1, 2025, Texas charges no motor vehicle tax when a car passes from an estate to an heir (Tax Code § 152.094). If the heir later gives it to a relative, the $10 gift tax applies; if the heir sells it, the buyer pays the tax. TxDMV's FAQ still lists the gift affidavit (Form 14-317) for inherited cars, so ask your county office whether it wants one.
If the person left neither a spouse nor children, the form says to get legal advice on who the heirs are.
A car last titled in another state needs that state's title or registration verification.

The rest of the estate

The VTR-262 moves the car only. Bank accounts and other property need their own route. Texas's small estate shortcut is an affidavit for estates up to $75,000 (wait: 30 days after the death): see the Texas small estate affidavit. Larger estates go through probate, and the executor gets letters testamentary (with a will) or letters of administration (without one).

Texas also allows a transfer on death deed for a house, which works like a beneficiary on a car title.

Texas has no estate or inheritance tax, so inheriting the car costs no state death tax. See Texas estate tax. Whoever settles the estate still files the person's final income tax return by April 15 of the year after the death: see final tax returns.

Do it yourself, correctly

The Executor's Final Tax Returns Kit

If you are also the executor, the federal returns come next: the final Form 1040 and, if the estate earns $600 or more, Form 1041.

An estate pays 37% on income above $16,000. Paid out to the heirs on time, the same income is taxed at their rates, often 12%. The kit shows how, and is $49.

Buy for $49Instant download: 46-page PDF workbook and calculator spreadsheet. 30-day refund, no questions asked.

Every federal tax filing after a death, in the order you do them: the estate's EIN, Form 56, the final Form 1040, the estate's Form 1041, the K-1s and a clean close.

46-page workbook
Form 1041, line by line
Both returns worked

Which returns this estate owes, from five yes-or-no questions
The final 1040 and Form 1041 explained line by line, with one family's returns fully worked
How to split each 1099 at the date of death so the IRS match does not trigger a letter
A spreadsheet for deadlines, the Form 1041 estimate and each heir's K-1, plus five letters to copy

Buy for $49

Car titles after death in other states

California (REG 5) · Pennsylvania (MV-39) · Michigan (TR-40) · New York (MV-349.1) · Wisconsin (MV2300) · Oregon (735-516) · Colorado (DR 2712) · Florida (HSMV 82040) · Ohio (BMV 3773) · Arkansas (Form 10-306)

Or see the overview for every state.

Frequently asked questions

Do all the heirs have to sign the VTR-262?

Not always. If the person was married and all their children are also the surviving spouse's, only the spouse signs. If any child has a different parent, the spouse and all the children sign. With no spouse, all the children sign, and a guardian signs for a minor child.

Does the VTR-262 have to be notarized?

Yes. Every heir's signature must be notarized. Heirs who can't appear before the same notary on the same day sign separate copies, and a power of attorney can't be used to sign for an heir.

Do I need a death certificate to transfer a car title in Texas?

Not with the VTR-262: TxDMV's title manual tells county offices not to ask for one. You do need a copy for the beneficiary (VTR-121) and survivorship (VTR-122) routes.

Is there a waiting period or value limit for the Texas affidavit of heirship for a motor vehicle?

No. You can use it right away and for a car of any value, as long as no probate has been opened and none is needed.

How much does it cost to transfer a car after death in Texas?

The title application fee is $28, or $33 in the 42 counties on the state's list, including Harris, Dallas, Bexar, Tarrant and Travis. Since September 1, 2025 there is no motor vehicle tax on a transfer from the estate to an heir.

Sources

This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.