Form VTR-262. Affidavit of Heirship for a Motor Vehicle

The Affidavit of Heirship for a Motor Vehicle (Form VTR-262) is a legal document used in Texas to transfer ownership of a vehicle when the decedent has passed away and no formal probate or administration is necessary. This form allows heirs to establish their right to the vehicle and ensure a clear title transfer without the need for court intervention, provided certain legal conditions are met.

Purpose of the Form

This form serves to officially declare the surviving heirs of a deceased vehicle owner and facilitate the transfer of the vehicle title to those heirs or other designated transferees. It ensures compliance with state law, protects the rights of the heirs, and prevents disputes over ownership.

Who Can Complete the Form

Only the lawful heirs of the deceased vehicle owner can complete this form. In cases where a surviving spouse exists, that spouse may be the sole affiant unless there are surviving children from another relationship. Guardians must complete the form on behalf of minor children, attaching Letters of Guardianship.

Key Sections of the Form and Expert Explanation

1. Vehicle/Decedent Information

This section requires detailed information about the vehicle (VIN, year, make, model, license plate) and the decedent (date and location of death). Completing this accurately is critical, as errors can delay title transfer.

• Common mistakes: Leaving the VIN blank, incorrect dates, or incomplete license plate information.
• Tip: Double-check vehicle documents and death certificates before filling.

2. Surviving Heir(s) of Decedent

List all known heirs (up to three) with full names and addresses. If there are more than three heirs, additional forms are required. This section confirms the identity of heirs who are legally entitled to claim the vehicle.

• Common mistakes: Omitting an heir, using nicknames instead of legal names.
• Tip: Include full middle names and suffixes to avoid processing delays.

3. Transferee(s)

Indicate the person(s) or entities to whom the vehicle is being transferred. An heir can also be a transferee. This ensures the DMV knows the intended recipient of the vehicle title.

4. Affiant (Heir) Certification

Each heir certifies that the decedent left no will requiring probate or that probate is not necessary. All affiants must sign before a notary. Falsifying information is a third-degree felony under Texas law.

• Common mistakes: Incomplete signatures, failure to notarize.
• Tip: Schedule a notary appointment for all heirs simultaneously when possible.

5. Odometer Disclosure Statement

Federal and state law require accurate reporting of the vehicle's mileage. Only one heir or agent needs to complete this section, confirming that the odometer reading is correct.

Practical Tips for Completing the Form

• Ensure all sections are complete before notarization.
• Attach required documentation: Form 130-U, court orders (if applicable), lien releases, insurance proof.
• Use full legal names for all heirs and transferees.
• Check for corrections or erasures; provide statements of fact if needed.

Real-Life Examples

• An elderly parent passes away leaving a single vehicle. The surviving spouse completes the affidavit to transfer the title without probate.
• Decedent has multiple children from different marriages; each child signs an affidavit, with one acting as transferee to simplify registration.
• A minor heir requires a guardian to sign the affidavit and attach Letters of Guardianship to legally transfer the vehicle.

Required Documents

• Application for Texas Title and/or Registration (Form 130-U)
• Affidavit of Heirship for a Motor Vehicle (VTR-262)
• Original or certified copy of court documents if no administration is required
• Title/registration verification for out-of-state vehicles
• Release of lien (if applicable)
• Proof of liability insurance in transferee’s name

FAQ

1. Who must sign the Affidavit of Heirship?

All lawful heirs must sign before a notary, with guardians signing for minors.

2. Is probate required to use this form?

No, it is used when no administration is necessary or required by the court.

3. Can an heir also be a transferee?

Yes, the heir can be the recipient of the vehicle title.

4. What happens if the odometer statement is incorrect?

Providing false information may result in fines or criminal penalties.

5. How many heirs can be listed on one form?

Up to three; more heirs require additional completed forms.

Micro-FAQ

• Purpose: Transfer vehicle title after owner’s death without probate.
• Who files: Lawful heirs of the decedent.
• Deadline: Not specified, but required before DMV title transfer.
• Attachments: Court orders, lien releases, proof of insurance.
• Submitted to: County tax assessor-collector office.
• Notary: Required for all signatures.
• Odometer: Must disclose accurate mileage.
• Legal risk: Falsifying info is a felony.
• Multiple heirs: Use additional forms if needed.
• Minor children: Guardian signs with Letters of Guardianship.

Related Forms

• Texas Title Application (Form 130-U)
• Vehicle Power of Attorney (VTR-271)
• Release of Lien Form
• Affidavit of Heirship for Real Property

Form Details

Form Name: Affidavit of Heirship for a Motor Vehicle

Form Number: VTR-262

Region: Texas

Revision Date: 11/2020