Form VTR-262 at a glance
What it is: Form VTR-262 is the Affidavit of Heirship for a Motor Vehicle.
Who signs: Each heir, up to three, must sign this form before a notary.
Notary: All signatures must be notarized.
If one of the heirs is a surviving spouse, that heir is the only heir needing to complete this form unless there are surviving children of the decedent with a parent who is other than the surviving spouse, in which case all surviving children must also complete this form.
If there is no surviving spouse, all children of the decedent (if any) must sign as affiants.
Children born to or legally adopted by the decedent qualify for this procedure as "children" of the decedent.
A guardian must sign for any surviving minor children of the decedent and attach Letters of Guardianship.
If the decedent left neither a spouse nor children, consult legal counsel as to who are the "heirs at law."
What to bring and attach to Form VTR-262
A title transfer is processed by the county tax assessor-collector's office in the name of the title applicant(s) with the Application for Texas Title and/or Registration (Form 130-U); the Affidavit of Heirship for a Motor Vehicle (Form VTR-262); if a court has determined no administration is necessary, the original or certified copy of the court document indicating no administration of the will is necessary and the portions of the will specifying the will is in the decedent's name and indicating the heir(s); title and/or registration verification if the vehicle was last titled out of state; Release of Lien (if a lien is recorded on the title record); and a copy of current proof of liability insurance in the applicant's name (if applying for registration).
A filled-in Form VTR-262 example: a widow transfers her late husband's truck to herself
How to fill out Form VTR-262, box by box
Vehicle/Decedent Information
Complete the Vehicle/Decedent Information section on page 1.
All fields are required unless indicated otherwise.
Enter the License Plate State and Number (if any), the Date of Death and the Location of Death (County and State). If the Title/Document Number is unknown, leave it blank.
Surviving Heir(s) of Decedent
The heir(s), up to three, must complete the Surviving Heir(s) of Decedent section on page 1.
Transferee(s)
Complete the Transferee(s) section to indicate to whom the vehicle is being transferred.
An heir may also be listed as a transferee.
Affiant (Heir) Certification
The heirs state under oath that the recorded owner of the motor vehicle died on the date and at the location (county and state) listed in the Vehicle/Decedent Information section.
Complete the Affiant (Heir) Certification section by marking the appropriate selection as to the will: no will, or a will was left, but no application for administration or probate has been filed, or a court has determined no administration is necessary.
There is no necessity for an administration upon the estate nor for probate of a will, and all affiants have agreed the will shall not be offered for probate.
The affiants are the sole and only known heirs at law of the deceased, and if there is a will, all beneficiaries of the will are, therefore, authorized under the law to sell, transfer, and assign the ownership to the motor vehicle described in the Vehicle/Decedent Information section.
There are no other known heirs who have prior right to the estate of the deceased, and it is the decision of all of the undersigned that title to the motor vehicle be issued to the transferee, or, if the lienholder recorded on the title is deceased and the lien is paid, title issued free and clear of lien to the transferee.
The Vehicle/Decedent Information, Surviving Heir(s) of Decedent and Transferee(s) sections must be completed before the Affiant (Heir) Certification section.
Signing before a notary
Each heir, up to three, must sign this form before a notary.
The notary section names Heir 1, Heir 2 (if any) and Heir 3 (if any), who personally appeared before the notary public and declared that the statements are true and correct.
The Affiant (Heir) Certification section may not be completed by execution of a power of attorney.
Odometer Disclosure Statement
An heir, or any agent of an heir, and the purchaser of the motor vehicle must complete the Odometer Disclosure Statement section if the vehicle is subject to odometer disclosure. The section may be completed after the notarization has been completed.
Federal and state law require that you state the mileage upon transfer of ownership.
The seller/heir/agent certifies to the best of the seller/heir/agent's knowledge that the odometer reading (no tenths) is the actual mileage of the vehicle unless one of the statements, Mileage Exceeds Mechanical Limits or Not Actual Mileage (WARNING - ODOMETER DISCREPANCY), is checked.
The transferee is aware of the odometer certification made by the seller/heir/agent.
Sign on Signature of Seller, Heir, or Agent of Seller/Heir and enter the Date of Transfer; the transferee or agent signs on Signature of Transferee/Agent and enters the Date.
Only one seller/heir is required to execute the odometer disclosure statement.
More rules for Form VTR-262
Note: Errors that have been lined through and corrected require a statement of fact.
Erasures and significant alterations may require a new form to be completed.
If your situation is different
The estate has been probated
If the estate has been probated, the executor or administrator may assign the title provided a certified copy of the probate proceedings, Letters Testamentary, or Letters of Administration is attached.
In this situation, this form is not required.
Otherwise, the procedures in the "Instructions" section must be met to transfer ownership.
No administration is necessary
If there has been no administration on the estate, and no administration is necessary, the heirs may complete this form, and no further documentation is required.
A court has determined no administration is necessary
If an heirship affidavit is used when a court has determined no administration is necessary, the affiant(s) must attach the original or certified copy of the court document indicating no administration of the will is necessary and the portions of the will that specify the will is in the deceased owner's name and indicates the name(s) of the heir(s).
The heirs cannot all appear before one notary public on the same date, or there are more than three heirs
If all heirs cannot appear before one notary public on the same date, or there are more than three heirs, additional copies of this form must be completed.
Common questions about Form VTR-262
Does it need a notary?
All signatures must be notarized.
Where do I file it?
If additional copies of this form are completed, all copies must be submitted by the transferee (or purchaser) with the title application at the time of application to a county tax assessor-collector's office.
Is there a penalty?
State law makes falsifying information a third degree felony. Providing a false statement or failure to complete this form may result in fines and/or imprisonment.
Where to get help with Form VTR-262
Affiant(s) must obtain their own legal advice if required.
Sources
[1] Form VTR-262 (Rev 11/20), Affidavit of Heirship for a Motor Vehicle, Texas Department of Motor Vehicles (the Official source link on this page).