Let’s examine the steps you need to take to finally get the vehicle into the hands of the person it belongs to. If someone dies with a will that has been admitted to Probate or otherwise recognized by a court, things are generally straightforward, but if probate will not occur or if there is no will, the process is a bit more involved.
Step 1: Gather required documents
The Texas Department of Motor Vehicles (TxDMV) requires different documentation to transfer a vehicle title after the owner’s death, depending on whether court authority exists or whether the transfer is completed using a statutory affidavit or other non-probate mechanism.
For clarity, the sections below assume the decedent had a will, unless otherwise stated. If the decedent did not have a will, Texas provides separate affidavit-based procedures, described below. We outline the documents required depending how the decedent’s estate is being dealt with (e.g. probated vs. non–probated) and if a will is present.
If the Personal Representative has Court Authority (Probate or Probate-Light)
When a Texas court has taken action on the estate (i.e. probate), the TxDMV will rely on court-issued authority to approve the transfer.
Full Probate (Letters Testamentary Issued)
If the estate was formally probated and a personal representative was appointed, the following is typically required:
Original vehicle title
Certified copy of the death certificate
Completed Form 130-U (Application for Texas Title and/or Registration)
Government-issued photo ID
Letters Testamentary or Letters of Administration
Lien release, if applicable
Odometer disclosure, if required
Form 14-317 (Affidavit of Motor Vehicle Gift)
Proof of insurance and inspection if registering the vehicle
The personal representative signs the transfer in their fiduciary capacity, not as an individual heir.
Muniment of Title (Will Admitted Without Full Administration)
Texas allows a will to be admitted as a Muniment of Title, which transfers ownership without appointing an executor or issuing Letters.
If a vehicle is transferred under a Muniment of Title, the TxDMV generally requires:
Original vehicle title
Certified copy of the death certificate
Certified copy of the Muniment of Title order and the will
Completed Form 130-U
Government-issued photo ID
Form 14-317 (Affidavit of Motor Vehicle Gift)
Lien release, if applicable
No Letters are issued, and no executor acts. Ownership transfers by court order alone. Requirements can vary by county tax office.
If the Personal Representative Does Not Have Court Authority (Statutory Affidavit Transfers)
If no probate or court proceeding occurred, Texas does not treat a will by itself as sufficient to transfer a vehicle title. Instead, certain affidavits—along with other required documentation—are sufficient to transfer title. Here are the different scenarios you might come across and the documents you need.
Affidavit of Heirship for a Motor Vehicle (Form VTR-262)
This affidavit is generally used to transfer title when the estate is largely simple. Meaning the decedent was the sole owner, all their heirs are known and in agreement about how the vehicle should be transferred and there are no disputes about ownership of the estate’s assets.
In addition to the affidavit, a number of other documents and/or information are required, including:
Original vehicle title
Certified copy of the death certificate
Completed Form VTR-262 (Affidavit of Heirship For a Motor Vehicle), signed by all heirs
Completed Form 130-U
Proof of lien release, if applicable
Government-issued photo ID
Form 14-317 (Affidavit of Motor Vehicle Gift)
Odometer disclosure, if required
Proof of insurance and emissions inspection, if registering the vehicle
Small Estate Affidavit (Limited Situations)
In limited cases, a court-approved Small Estate Affidavit may be used in connection with a vehicle transfer, typically when:
the decedent died without a will
the estate qualifies under Texas size limits
the affidavit has been approved by a court
Acceptance varies by county tax office and circumstances.
Non-Probate Transfers (No Court Authority Given, No Affidavit Required)
Some vehicles pass automatically at death and never become part of the probate estate.
Common examples include:
Transfer-on-Death (TOD) beneficiary designation, if properly recorded
Joint ownership with right of survivorship
In these cases, the TxDMV generally requires:
Proof of the non-probate designation
Death certificate
Vehicle title
Completed Form 130-U
Standard registration requirements, if applicable
Form 14-317 (Affidavit of Motor Vehicle Gift)
Where do I find these documents and/or information?
There are quite a few documents required to transfer vehicle ownership of a decedent in Texas. Many of the forms noted above are available at the Texas DMV or its website but there are a few documents that might be trickier to find.
Death certificate. A certified copy of the decedent’s death certificate can be obtained from the Texas Death records on the Vital Statistics site. If you’d rather order the documents in person, you can obtain records in the county, city or district where the decedent lived.
Original title of vehicle. In most cases, finding the original title to the decedent’s vehicle is straightforward. But, what do you do if the title is lost? In this case the Texas DMV will accept Form VTR-262 (Affidavit of Heirship) to transfer the vehicle if the estate was not probated, even if the original title is missing. In cases where the estate was probated, the DMV may be able to use the Letters Testamentary obtained from the probate court to transfer title, along with the other applicable documents. However, this may vary from county to county. If you are missing the original vehicle title, it’s best to call the Texas DMV for more information.
Proof of a vehicle emissions inspection. As of January 2025, Texas no longer requires safety inspections on non-commercial motor vehicles. However, an emissions inspection is still required if you choose to register the vehicle in your name. You can find an inspection station through the Texas Department of Public Safety’s online locator.
