Form VTR-262 is accepted by the Texas Department of Motor Vehicles only in situations where the death of a vehicle owner does not require probate administration. The affidavit does not replace court authority and is not an alternative to probate when an estate is subject to judicial control. Its use is limited to a specific category of estates recognized under Texas law as non-administrative.
Probate requirement as a system threshold
The Texas DMV evaluates the applicability of Form VTR-262 by determining whether probate administration is required for the decedent’s estate. If a court has appointed an executor or administrator, or if probate proceedings have been initiated, the title transfer must proceed through court-issued authority. In such cases, the affidavit path is not available, regardless of the relationship between the deceased owner and the proposed transferee.
Non-administrative estates under Texas law
An estate may qualify for a non-administrative transfer when no probate has been opened and no administration is legally necessary. In this context, Texas law allows heirs to establish authority through sworn statements rather than court orders. Form VTR-262 operates within this framework by allowing the DMV to recognize heirs based on the representations made in the affidavit, provided that no conflicting authority exists.
Effect of an existing or potential probate proceeding
The affidavit process is unavailable if probate has already been initiated or if a court has asserted jurisdiction over the estate. Even when a will exists, the affidavit may be used only if no application for probate has been filed and all parties agree that the will will not be offered for probate. The presence of an unresolved or pending probate proceeding causes the system to reject the affidavit-based transfer.
System verification before accepting the affidavit
Before processing a title transfer without probate, the DMV reviews the affidavit to confirm that the estate qualifies for non-administrative treatment. This review focuses on whether the representations in the affidavit are consistent with the title record and whether any indicators of required probate administration are present. If the system identifies conditions that contradict non-administrative status, the transfer is not processed through Form VTR-262.
Relationship to other heirship conditions
The absence of a probate requirement does not, by itself, guarantee acceptance of the affidavit. Additional system constraints apply, including limitations related to the number of heirs and the presence of conditions that affect authority. For example, situations involving multiple heirs introduce separate evaluation rules, which are explained in how Texas DMV evaluates cases with more than three heirs. Circumstances that cause the affidavit path to fail altogether are described in situations in which Form VTR-262 is not accepted by the DMV.
The role of the affidavit within the overall title system, and its distinction from court-based transfers, is outlined in how Texas DMV handles vehicle title transfer after an owner’s death. The official description of the form itself is available in the document overview for Form VTR-262 — Affidavit of Heirship for a Motor Vehicle.