When the recorded owner of a motor vehicle in Texas dies, the title record does not change automatically. The Texas Department of Motor Vehicles treats the owner’s death as a system event that interrupts the ownership chain and requires formal resolution under state rules. Form VTR-262 exists within this framework as one of several possible mechanisms for restoring the continuity of ownership.
Death of a titled owner and title system status
From the DMV’s perspective, the death of a titled owner does not transfer ownership to heirs by default. Until legally sufficient documentation is submitted, the title remains associated with the deceased individual. Whether the system allows the use of an affidavit-based transfer depends on whether probate administration is required under Texas law. The conditions under which the affidavit path is available are explained in how the DMV determines when Form VTR-262 may be used without probate.
Affidavit-based transfer as a non-administrative path
When no probate administration is necessary and no court representative has authority over the estate, Texas law allows certain heirs to establish transfer authority through sworn statements. Form VTR-262 functions within this non-administrative path and is evaluated by the DMV as a substitute for court-issued documents. The system determines which parties must formally assert authority through the affidavit, as explained in who must sign Form VTR-262 for the DMV to recognize heir authority.
Heir identification and system constraints
The affidavit process requires the DMV to assess who qualifies as an heir for title purposes and whether all required parties are represented. The system applies different rules depending on the presence of a surviving spouse, the number of heirs, and whether any heirs are minors. Situations involving a surviving spouse as the only heir are addressed in how the DMV treats spouse-only heir scenarios. Cases involving minor heirs and guardianship are explained in how the DMV evaluates affidavit authority when heirs include minor children. Situations involving more than three heirs introduce additional constraints, which are addressed in how Texas DMV handles title transfers when more than three heirs exist.
System review and rejection scenarios
Submission of Form VTR-262 does not guarantee acceptance. The DMV reviews the affidavit alongside the title record to identify conflicts such as existing liens, missing authority, estate conditions that require court administration, or inconsistencies within the affidavit itself. How the system responds to errors and inconsistencies is explained in how the Texas DMV reacts to errors in Form VTR-262 submissions. Situations in which the affidavit path is unavailable altogether are described in situations in which Form VTR-262 is not accepted by the DMV.
Relationship to other title transfer requirements
Even when the affidavit path is available, Form VTR-262 operates alongside other elements of the Texas title system. Applications for title issuance, odometer disclosures, and lien releases are evaluated independently as part of the ownership update process. How the DMV evaluates supporting documentation in parallel with the affidavit is explained in how required documents are reviewed during affidavit-based title transfers. The effect of odometer disclosure requirements on affidavit-based transfers is addressed in how odometer disclosure affects title transfers after an owner’s death.
The official definition, purpose, and administrative role of the affidavit itself are described in the document overview for Form VTR-262 — Affidavit of Heirship for a Motor Vehicle.