Affidavit of Heirship for a Motor Vehicle
The section is for informational purposes only. Affiant(s) must obtain their own legal advice if required.
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 below must be met to transfer ownership.
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.
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).
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. 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.
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.
If the decedent left neither a spouse nor children, consult legal counsel as to who are the “heirs at law.”
Children
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.
1. Complete the “Vehicle/Decedent Information” section on page 1. All fields are required unless indicated otherwise.
2. The heir(s) (up to three) must complete the “Surviving Heir(s) of Decedent” section on page 1. Refer to the
“Information” section above for additional information. If there are more than three heirs, additional completed forms
are necessary.
3. Complete the “Transferee(s)” section to indicate to whom the vehicle is being transferred. An heir may also be listed as
a transferee.
4. Complete the “Affiant (Heir) Certification” section by marking the appropriate selection as to the will. The preceding
three sections of the form must be completed prior to completion of this section. Each heir (up to three) must sign this
form before a notary. All signatures must be notarized. This section may not be completed by execution of a power of
attorney.
5. The “Odometer Disclosure Statement” section must be completed by an heir (or any agent of an heir) and the purchaser
of the motor vehicle if the vehicle is subject to odometer disclosure. This section may be completed after the
notarization has been completed. Only one seller/heir is required to execute the odometer disclosure statement.
6. The following documentation is required in order for a title transfer to be processed by the county tax assessor-
collector’s office in the name of the title applicant(s):
Application for Texas Title and/or Registration (Form 130-U);
Affidavit of Heirship for a Motor Vehicle (Form VTR-262);
If a court has determined no administration is necessary:
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).
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.
VTR-262 Rev 11/20 Form available online at www.TxDMV.gov Page 2 of 2
