The Texas Department of Motor Vehicles evaluates Form VTR-262 based on whether all individuals with heir authority have executed the affidavit. The validity of the affidavit does not depend on a single representative signature unless the system determines that only one heir has legal authority to act.
Affiants as a representation of heir authority
The affidavit functions as a collective declaration by heirs rather than as a delegation to a single party. Each affiant represents an ownership interest that must be acknowledged for the DMV to recognize the transfer. The system does not infer consent from absent heirs.
Single affiant scenarios
A single individual may sign the affidavit only when the system recognizes that person as the sole heir. This determination depends on the absence of other heirs with legal claims, such as surviving children or other family members. When additional heirs exist, a single-signature affidavit is not sufficient.
Multiple affiants and completeness requirements
When more than one heir exists, the DMV expects the affidavit record to reflect participation by all heirs with an ownership interest. This may require multiple affidavits if the number of heirs exceeds the form’s signature capacity. Failure to include all required affiants results in the affidavit path being unavailable.
System outcome when required signatures are missing
If the DMV identifies that required heirs have not executed the affidavit, the system does not process the transfer under Form VTR-262. The title record remains unchanged until legally sufficient authority is presented through an appropriate mechanism.
How the DMV determines whether an estate qualifies for affidavit-based transfer is explained in when Form VTR-262 may be used without probate in Texas. Situations involving larger heir groups are addressed in how Texas DMV handles vehicle title transfer when there are more than three heirs. The overall post-death transfer framework is outlined 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.