Is a vehicle heirship affidavit the same as an affidavit of heirship for real property in Texas?

No. They are separate documents. The vehicle affidavit (Form VTR-262) is governed by Texas Transportation Code § 501.976 and filed with the county tax assessor-collector. The real property affidavit is governed by Texas Estates Code § 203.001 and recorded in county deed records. The two forms are not interchangeable.

How long does it take to transfer a vehicle title in Texas using a heirship affidavit?

In-person submissions are typically processed in 1–3 business days. Mail submissions take 2–4 weeks. Once the new title is issued in the heir's name, the transfer is complete.

← Texas Affidavit of Heirship (all types)

A Texas Vehicle Heirship Affidavit (TxDMV Form VTR-262) is a notarized document that allows an heir to transfer ownership of a motor vehicle after the owner's death — without opening a probate case. It applies only to vehicles with no outstanding lienholder, costs approximately $10 to notarize, and is submitted to the county tax assessor-collector along with the original title and a certified death certificate.

Legal information, not legal advice. This page reflects Texas Transportation Code § 501.976 and TxDMV procedures as of July 2026. Laws and agency procedures change. Consult a licensed Texas attorney for advice specific to your situation.

Texas Vehicle Heirship Affidavit: How to Transfer a Car Title After Death

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Affidavit of Heirship — Texas, Vehicle

An Affidavit of Heirship establishes the identity of the heirs to a deceased person's property in Texas. It requires two disinterested witnesses who knew the deceased and must be recorded with the county clerk.

What you'll need: Deceased's full family history (marriages, all children, parents, siblings), two disinterested witnesses, and the legal description of any property.

Statutory authority: Texas Transportation Code § 501.976 / TxDMV Form VTR-262

Real-World Example: Two Vehicles, No Probate, Bexar County

Carlos's father died in San Antonio without a will. He left two vehicles: a 2019 Ford F-150 and a 2016 Honda Civic, both titled in his name with no lienholder listed on either title. Carlos is the sole heir.

What Carlos did:

Downloaded Form VTR-262 from txdmv.gov — two copies, one for each vehicle.
Completed each form with the vehicle's VIN, the date of his father's death, and his own name and address as heir.
Had both forms notarized at a UPS Store for $8 each.
Gathered the original titles, two certified death certificates ($21 each), and his driver's license.
Filed both forms at the Bexar County Tax Assessor-Collector's office in a single visit.
Paid the title transfer fee ($33 per vehicle) and received confirmation.
Received the new titles in his name by mail 10 days later.

Total cost: Under $130 for both vehicles. Total probate avoided: entirely.

Vehicle vs. Real Property Heirship: Key Differences

Document	Governs	Filed With	Purpose
Affidavit of Heirship (real property)	Texas Estates Code § 203.001	County Clerk deed records	Land, mineral rights, real estate
VTR-262 (motor vehicle)	Texas Transportation Code § 501.976	County Tax Assessor-Collector	Transfer vehicle title to heir

This page covers vehicles only. If the estate includes real property, see the Texas Affidavit of Heirship guide — the forms and filing process are completely different.

Should You Use Form VTR-262? Decision Framework

Situation	Best Path
Vehicle has no lienholder, sole heir is clear	VTR-262 — straightforward
Vehicle has no lienholder, multiple heirs agree on one person	VTR-262 — one heir files, others sign off
Vehicle has an outstanding lien	Obtain lien release first, then VTR-262
Heirship is disputed between family members	Probate — court determines rightful heir
Surviving spouse is sole heir (community property vehicle)	VTR-431 may apply — faster process
Vehicle titled in another state	Follow that state's process — VTR-262 does not apply

Common Mistakes That Get This Document Rejected

❌ Using the general real property heirship affidavit instead of VTR-262. The county tax assessor-collector will return it. The VTR-262 is a TxDMV-specific form and the only document accepted for vehicle title transfers.

❌ Vehicle has outstanding registration fees. TxDMV can reject the VTR-262 if the vehicle has unpaid registration fees — even when there is no lienholder. Call the county tax assessor-collector to check registration status before filing.

❌ Bringing a photocopy of the death certificate instead of a certified copy. County offices require a certified copy issued by the vital records office. A photocopy will be rejected at the counter.

❌ Filing at the county clerk's office instead of the county tax assessor-collector. These are two different offices. The county clerk handles real property records. The county tax assessor-collector handles vehicle title transfers.

❌ Transcription errors in the VIN. A single digit off in the 17-character VIN causes a mismatch and rejection. Copy the VIN directly from the title document or the vehicle's dashboard.

Step-by-Step: How to Transfer a Vehicle Title Using VTR-262

Obtain Form VTR-262

Download Form VTR-262 from the official TxDMV website at txdmv.gov. The form is free. Do not use third-party versions — use only the current official form, as TxDMV updates forms periodically and county offices will reject outdated versions.

Complete the form

Fill in vehicle information (year, make, model, body style, VIN, license plate), deceased owner information (full legal name, date of death, address at time of death), and heir information (your full legal name, address, relationship to the deceased).

Have the form notarized

Sign the completed form before a notary public. The notary fee is typically $6–$10. Unlike the real property Affidavit of Heirship, Form VTR-262 does not require two disinterested witnesses — the heir's own signature before a notary is sufficient.

Gather required documents

Bring: completed notarized VTR-262, original title (not a copy), certified copy of the death certificate, and photo ID. If the original title is lost, file for a duplicate title (Form VTR-34) before attempting the heirship transfer.

Submit at the county tax assessor-collector

The county tax assessor-collector's office processes vehicle title transfers — not the county clerk. Title transfer fees are approximately $28–$33. Heirship transfers are generally exempt from motor vehicle sales tax under Texas Tax Code § 152.025 — confirm with the county.

Receive the new title

Processing time is typically 1–3 business days for in-person submissions and 2–4 weeks by mail. The new title will be issued in your name as the heir.

Cost Comparison: VTR-262 vs. Probate

Method	Typical Cost	Timeline
Form VTR-262 (heirship affidavit)	$10–$50 (notary + title fees)	1–4 weeks
Muniment of title (probate)	$500–$2,000 attorney fees	2–4 months
Full probate	$3,000–$10,000+	6–24 months

What Practitioners Know That Most Guides Skip

Outstanding registration fees can derail a clean VTR-262. TxDMV can reject the transfer if the vehicle has unpaid registration fees — even with no lienholder and a perfectly completed form. Before going to the office, call the county tax assessor-collector to check the vehicle's registration status.

If the vehicle was community property and the surviving spouse is the sole heir, a faster process may apply. Form VTR-431 (Surviving Spouse's Affidavit of Heirship) is designed specifically for this situation. Ask the county tax assessor-collector whether VTR-431 is the right form before filing VTR-262.

Multiple vehicles each require their own form. There is no batch filing for VTR-262 — each vehicle has its own form, its own notarization, and its own title transfer fee. If an estate includes three vehicles, bring three completed, notarized forms.

Frequently asked questions

What is TxDMV Form VTR-262? +

Form VTR-262 is the Texas Department of Motor Vehicles' Affidavit of Heirship for a Motor Vehicle. It allows an heir to transfer a vehicle title after the owner's death without probate, provided there is no lienholder and heirship is clear. It is governed by Texas Transportation Code § 501.976.

Do I need witnesses to sign a Texas vehicle heirship affidavit? +

No. Form VTR-262 requires only the heir's notarized signature. The two-disinterested-witness requirement applies to real property Affidavits of Heirship under Texas Estates Code § 203.001, not to vehicle heirship affidavits.

Can I use a Texas vehicle heirship affidavit if there is a lien on the car? +

No. Form VTR-262 is only available for vehicles with no outstanding lienholder. If a lender holds a lien, you must first obtain a lien release from the lender before any heirship transfer can proceed.

Where do I file Form VTR-262 in Texas? +

File VTR-262 at the county tax assessor-collector's office — not the county clerk. Bring the original title, a certified death certificate, and a notarized copy of the completed form. Many counties accept mail submissions as well.

Do I have to pay sales tax when I inherit a vehicle in Texas? +

Generally, no. Transfers of a vehicle to an heir through an affidavit of heirship are exempt from Texas motor vehicle sales tax under Texas Tax Code § 152.025. Confirm the current exemption with the county tax assessor-collector at the time of filing.