Can you re-title a vehicle without opening an estate? Yes, Texans, like you, may use an Affidavit of Heirship to support the title transfer. The Texas Department of Motor Vehicles has a form for this specific purpose, Affidavit of Heirship for a Motor Vehicle (Form VTR-262) (txdmv.gov).
Usefulness
Before using an Affidavit of Heirship, you must know its limitations. First, it is useful when there is no Will or there is a Will, but no probate is anticipated or pending, or a court has determined no administration is necessary. Second, all heirs must sign the Affidavit before notary. (A title transfer may use multiple affidavits provided each affidavit is signed by an heir before a notary.) Third, all heirs must agree on who is receiving the vehicle—who is the transferee.
Surprises
You must know about potential complications when using this title transfer method. Generally, if an heir is the surviving spouse, only the surviving spouse needs to complete the Affidavit. However, if there are surviving children of the decedent with a parent other than the surviving spouse, the decedent’s surviving children must compete and sign the Affidavit. Children of the decedent include children born to or adopted by the decedent. And another potential surprise, a guardian must sign for any surviving minor children of the decedent.
Final Steps
You complete the title transfer through the county tax assessor-collector’s office by presenting the appropriate documents and paying the fees. Usually, the transferee presents the following documents:
You should use the gift transfer affidavit to limit your total fees. Check with your county for the correct state and local fees.
Conclusion
Under the right circumstances and with the cooperation of all the heirs, this is an inexpensive method to clear and transfer car title outside of probate.
