Yes. Under Texas law, a decedent’s heirs can file an Affidavit of Heirship for a Motor Vehicle (Form VTR-262) in order to transfer title to a motor vehicle to the agreed-upon transferee.
Three Requirements to Meet
When it comes to Affidavits of Heirship for Motor Vehicles, there are three basic requirements that must be met:
- The decedent either died—
- testate (i.e., with a Will), or
- intestate (i.e., without a will), but no formal administration of the estate is anticipated or pending;
- all of the decedent’s heirs must sign the affidavit in front of a notary; and
- all of the decedent’s heirs must agree on who is receiving the vehicle, otherwise known as the “transferee.”
Generally, if the decedent has a surviving spouse, then only the surviving spouse will have to sign the affidavit; however, if there are surviving children of the decedent with a parent other than the surviving spouse, then all of the decedent’s surviving children must also sign the affidavit. This includes all children born to or adopted by the decedent. Additionally, a guardian must sign for any minor children of the decedent.
Documents Needed for Title Transfer
The following documents are required for a motor vehicle title transfer, and must be filed with the county tax assessor collector’s office:
- Application for Texas Title and/or Registration (Form 130-U),
- Affidavit of Heirship for a Motor Vehicle (Form VTR-262),
- Title and/or Registration Verification, if the vehicle was last titled out-of-state,
- Release of Lien (if a lien existed or was recorded),
- A copy of current proof of liability insurance in the name of the transferee, and
- 14-317 Affidavit of Motor Vehicle Transfer.
An Affidavit of Heirship for a Motor Vehicle is an efficient, easy way to transfer title to a vehicle upon death that eases the stress on the family members of the decedent. Keep this procedure in mind in the event of the unexpected, and have peace of mind knowing that this procedure exists to allow loved ones and family members to handle the decedent’s assets properly and with their wishes in mind.