When a vehicle owner dies leaving a surviving spouse, the Texas Department of Motor Vehicles evaluates whether that spouse is the sole heir for title transfer purposes. The presence of a surviving spouse does not automatically establish exclusive authority to transfer ownership, as the system must account for other potential heirs recognized under Texas law.
Surviving spouse as a potential sole heir
The DMV may recognize a surviving spouse as the only required affiant when no other heirs have a legal interest in the estate. This determination depends on whether the decedent left surviving children or other heirs whose rights affect ownership. The affidavit path assumes sole authority only when no competing heir claims exist.
Effect of surviving children on spouse-only authority
If the decedent left children who are also heirs under Texas law, the surviving spouse is not treated as the sole authority for affidavit purposes. In such cases, the system requires representation of all heirs, and the affidavit must reflect their collective authority. A spouse-only affidavit is not sufficient when other heirs retain ownership interests.
System evaluation of spouse-only affidavits
The DMV reviews the affidavit to confirm that the surviving spouse is the only heir entitled to authorize the transfer. When the affidavit or supporting context indicates the existence of additional heirs, the system does not accept a spouse-only representation. This outcome reflects a determination about heir authority rather than a discretionary denial.
Relationship to broader heirship rules
Spouse-only scenarios operate within the same non-administrative framework that governs all affidavit-based transfers. The affidavit remains unavailable when probate administration applies, regardless of marital status. The baseline rules for using Form VTR-262 without probate are explained in when Form VTR-262 may be used without probate in Texas.
Situations involving multiple heirs are addressed in how Texas DMV handles vehicle title transfer when there are more than three heirs. An overview of the affidavit’s role in post-death title transfers is provided in how Texas DMV handles vehicle title transfer after an owner’s death. The official description of the form itself is available in Form VTR-262 — Affidavit of Heirship for a Motor Vehicle.