How to transfer vehicle ownership of the deceased in Texas

Trying to manage assets, family affairs, and your emotional health after a loved one passes away is exhausting. After years in the estate industry, we’ve noticed that the most challenging part about dealing with estate matters after the death of a family member isn’t necessarily the process—it’s the timing. In many ways, it can create the perfect storm you don’t know how to navigate through.
Transferring some of those assets can be tricky, even if you only have to deal with a small estate. If you’re trying to figure out how to transfer ownership of a vehicle in Texas that is still registered in the name of the decedent, this guide is for you.

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.

Step 2: Submit documentation to the local county tax office

Once all of the above is completed and in place, it’s time to submit it to one of the employees of the tax office in the same jurisdiction the decedent resided in or the county where the new owner (the heir) resides. They’ll begin the process while you’re at the office and ask you any clarifying questions as necessary.

Step 3: Pay all fees and taxes

The cost of transferring ownership of a vehicle will vary from county to county. Generally speaking, you can expect to pay:

1. Title & Registration Fees:

• Title Application Fee: $28.00 or $33.00 depending on the county

• Base Registration: $50.75 (for vehicles 6,000 lbs. or less).

• Inspection Replacement Fee: $7.50

• Local County Fees: $10.00 – $21.50.

• Processing & Handling: $4.75.

1. Tax Exemptions (The 2025 Update): Under SB 2064, vehicles acquired through a decedent’s estate or a Rights of Survivorship agreement are exempt from motor vehicle sales tax. You no longer owe the $10 gift tax previously required.

• How to claim: Check the "Exemption" box on Form 130-U. You may need to provide an affidavit such as Form 14‑317 to document the relationship or qualifying nature of the transfer, even if the tax due is $0.

The best way to check fees in your area is to call your local county office or visit their website \

Step 4: Receive new certificate of title

After the application is processed, the Texas Department of Motor Vehicles will issue a new certificate of title in the heir’s or buyer’s name. The county tax assessor-collector’s office submits the paperwork on your behalf but does not issue the title itself. The new title is typically mailed within a few weeks, though processing times may vary.

In some cases, a vehicle owner may fill out Form VTR-121 (Beneficiary Designation for a Motor Vehicle) to transfer title of their vehicle to a single beneficiary upon their death.

Following the death of the owner, the beneficiary can transfer title of the decedent’s vehicle if they survive the decedent by 120 hours and the application to claim said title is submitted within 180 days of the owner’s death. If the beneficiary does not timely apply, TxDMV may require additional documentation or alternative transfer procedures.

If the decedent named you as a beneficiary on their title using a Transfer on Death (TOD) Form VTR-121 before they passed, you can claim the vehicle without probate or heirship affidavits through the following steps.

Step 1: Submit Form 130-U. Complete the Application for Texas Title and/or Registration.

Step 2: Provide the Title. You must present the original Texas title that names you as the beneficiary.

Note: Some county tax offices may be able to verify TOD beneficiary status through TxDMV records, but others may require a Certified Copy of Title.

Step 3: Proof of Death. Provide an original or certified copy of the owner’s death certificate.

Step 4: Liens and Debt. You will receive the vehicle subject to any existing liens. If the loan was paid off, you must provide an original Release of Lien. If the loan is not paid, the lien carries forward to you, and you are responsible for the debt.

Step 5: Claim the Tax Exemption. As of September 1, 2025, TOD beneficiary transfers are exempt from motor vehicle sales tax under SB 2064. Check the "Exemption" box on Form 130-U, and provide Form 14-317 to document the transfer—even though no tax is owed.

Step 6: Jurisdiction. You can file this paperwork at the county tax office in the county where the decedent lived or the county where you reside.

Note: Fees are the same as when transferring vehicle title through other methods.

In Texas, if a vehicle was owned jointly with a right of survivorship using Form VTR-122 (Rights of Survivorship Ownership Agreement for a Motor Vehicle) the title passes automatically to the survivor —bypassing probate entirely.

To claim title to the vehicle, submit a new Form 130-U, a certified copy of the death certificate, and Form 14-317 to the county tax office. As of September 1, 2025, survivorship transfers are exempt from motor vehicle sales tax under SB 2064—check the "Exemption" box on Form 130-U.

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