When heirs to a deceased vehicle owner include minor children, the Texas Department of Motor Vehicles applies additional safeguards before recognizing affidavit-based authority. Minor heirs cannot independently execute sworn statements, and their interests must be represented through legally recognized guardianship.
Minor heirs as a system constraint
The presence of minor children introduces a limitation on the affidavit process because minors lack legal capacity to act as affiants. The DMV does not treat a parent or other adult as an automatic substitute unless legal authority to represent the minor’s interests is established.
Role of guardianship in affidavit-based transfers
When a guardian has been appointed for a minor heir, the DMV evaluates whether that guardianship provides authority to execute affidavits on the minor’s behalf. Without recognized guardianship authority, the system does not accept the affidavit path as sufficient to protect the minor’s ownership interest.
Interaction with probate and court oversight
Cases involving minor heirs frequently intersect with court supervision requirements. Even when probate administration is not otherwise required, the need to protect minor interests may trigger court involvement that removes the transfer from the affidavit-based path. In such situations, Form VTR-262 is not accepted.
System outcome when minor interests are unresolved
If the DMV determines that minor heirs are not properly represented, the affidavit-based transfer is not processed. The title record remains unchanged until legally sufficient authority is provided through court-recognized mechanisms.
The foundational rules governing non-administrative transfers are described in when Form VTR-262 may be used without probate in Texas. Other scenarios that prevent acceptance of the affidavit are outlined in situations in which Form VTR-262 is not accepted by the DMV. The broader system context is explained in how Texas DMV handles vehicle title transfer after an owner’s death, with the official form definition available in Form VTR-262 — Affidavit of Heirship for a Motor Vehicle.