How to Transfer a Car Title After Death in Texas

When it applies: the owner named a beneficiary using a Beneficiary Designation for a Motor Vehicle (Form VTR-121). The designation only counts if it was submitted with a title application before the owner died, and the beneficiary's legal name must be on the title. A will does not revoke or override a beneficiary designation.

Timing: the beneficiary applies for title no earlier than the 5th day and no later than the 180th day after the owner's death (or, for joint owners, the last surviving owner's death). If the beneficiary misses the 180 days or disclaims the car, it can be transferred through heirship or must go through probate.

Steps

1. Confirm the title lists the beneficiary. If the title can't be found, the county tax office can print the motor vehicle record when you apply.
2. Complete Form 130-U, Application for Texas Title and/or Registration in the beneficiary's name.
3. Take the application, fee, title and death certificate to a county tax assessor-collector's office.
4. If you plan to sell the car, title it in your own name first. TxDMV requires this before any later transfer.

Forms

• Application for Texas Title and/or Registration (Form 130-U)
• Beneficiary Designation for a Motor Vehicle (Form VTR-121), for reference

Documents

• Form 130-U
• The Texas title in the deceased owner's name listing the beneficiary, or the county's printout of the motor vehicle record
• A death certificate
• An original release of lien, if a lien is recorded and is not carrying forward
• The $28 or $33 title application fee

When it applies: the car was titled to the person who died and at least one other person. What happens next depends on whether there is a Rights of Survivorship agreement. Look for a "Survivorship Rights" remark on the title, an agreement signed on the face of the title, or a separate Form VTR-122 kept with personal records.

With a survivorship agreement: ownership passes to the surviving person or people who signed it. No heirship affidavit or probate is needed.

1. Complete Form 130-U in the survivor's name.
2. Submit it with the title, the VTR-122 (if it was kept separately), and a copy of the death certificate to a county tax assessor-collector's office.
3. If the agreement was signed on the face of the title by people who are not spouses, TxDMV also asks for an affidavit of unmarried status, or an affidavit of non-interest from a spouse who is not in the agreement.

Without a survivorship agreement: TxDMV says the surviving heir of the deceased owner provides either an Affidavit of Heirship (Form VTR-262) or Letters Testamentary, and reassigns the original title or provides a bill of sale naming the new owner. See the no-probate and executor sections below.

Out-of-state titles: if an out-of-state title joins the owners with "or" or "and/or," either owner may assign it. If it uses "and," both owners must release their interest, or a power of attorney from the one not signing must be provided.

Forms

• Application for Texas Title and/or Registration (Form 130-U)
• Rights of Survivorship Ownership Agreement (Form VTR-122)
• Affidavit of Heirship for a Motor Vehicle (Form VTR-262), if there is no survivorship agreement

Documents

• Form 130-U and the Texas title
• A copy of the death certificate (survivorship route)
• Form VTR-122, if it was not recorded on the title
• Form VTR-262 or Letters Testamentary (no survivorship agreement)
• A release of lien, if a lien is recorded

When it applies: you were married to the owner. A surviving spouse uses one of the general routes on this page.

• Survivorship agreement on the title: apply for a corrected title to remove your spouse's name. Bring the title, the survivorship agreement and a copy of the death certificate with Form 130-U.
• No probate: complete the Affidavit of Heirship for a Motor Vehicle (Form VTR-262). If you are a surviving spouse, you are usually the only heir who signs. If your spouse had children with someone else, the form says all of your spouse's surviving children must sign too.
• Probated will: the executor uses Letters Testamentary (see "An Executor Has Been Appointed").

If your spouse left a will: official sources word this differently. TxDMV's Buying or Selling a Vehicle page says that if your spouse had a will, the vehicle becomes part of the probate process. Form VTR-262 itself allows the heirship route when a will was left but no application for probate or administration has been filed. Contact your county tax assessor-collector's office to confirm which route they will accept.

Car in both your names: TxDMV says the surviving spouse, even as sole heir, must also provide a separate reassignment of their own share, in addition to the heirship affidavit or Letters Testamentary.

Forms

• Application for Texas Title and/or Registration (Form 130-U)
• Affidavit of Heirship for a Motor Vehicle (Form VTR-262)
• Rights of Survivorship Ownership Agreement (Form VTR-122)

Documents

• Form 130-U
• The title, if available
• A notarized VTR-262, or the survivorship agreement plus a copy of the death certificate, or Letters Testamentary
• A release of lien, if a lien is recorded
• Your photo ID, and proof of insurance if you are registering the car

When it applies: the main no-probate route is the Affidavit of Heirship for a Motor Vehicle (Form VTR-262). It can be used when the owner left no will, or left a will but no application for probate or administration has been filed, or a court has decided no administration is necessary. The car must already be titled in the deceased person's name.

Key points

• No dollar cap on Form VTR-262.
• One form per vehicle. Each VTR-262 has room for one car, so complete a separate form for each vehicle.
• No death certificate is required with VTR-262, according to the TxDMV Title Manual.
• No late penalty. The person named on an heirship affidavit is not subject to the delinquent transfer penalty.
• If the person died before finishing a purchase (the title was never in their name), VTR-262 can't be used.

Who signs: each heir signs in front of a notary, up to three per form. Use more copies if there are more heirs or they can't see one notary on the same date. If there is a surviving spouse, usually only the spouse signs. If the decedent had children with someone other than that spouse, all of the decedent's surviving children must also sign. If there is no spouse, all of the decedent's children sign. A guardian with Letters of Guardianship signs for minor children. A power of attorney can't be used for this section. If there is neither a spouse nor children, the form says to consult legal counsel about who the heirs at law are.

Steps

1. Confirm no probate or administration has been filed and none is needed, and identify the heirs.
2. Fill in the vehicle, the decedent, the heirs and the transferee (the person the title will go to; an heir can be the transferee) on Form VTR-262.
3. Each heir signs before a notary. One heir and the transferee complete the odometer section if the car requires it.
4. If a court ruled no administration is necessary, attach that court document and the relevant parts of the will.
5. The transferee files Form 130-U, every VTR-262 copy, and any lien release at a county tax assessor-collector's office.

Small Estate Affidavit: a court-approved Small Estate Affidavit under Estates Code chapter 205 is also accepted, with a copy certified by the court clerk. It applies only when the person died without a will, 30 days have passed since the death, and estate assets (not counting the homestead and exempt property) are $75,000 or less.

Documents

• Form 130-U
• Form VTR-262, all signatures notarized (all copies if more than one)
• Any court document finding no administration is necessary, plus the relevant parts of the will
• Title or registration verification if the car was last titled out of state
• A release of lien, if a lien is recorded
• Proof of liability insurance in the applicant's name, if registering

When it applies: the estate is in probate and a court appointed an executor or administrator, or a will was probated as a muniment of title.

How it works

• The executor or administrator signs the title assignment for the estate, with an original or certified copy of Letters Testamentary or Letters of Administration attached. If there are several executors, one signature with the Letters attached is accepted.
• The executor can also transfer the car with a bill of sale, attaching proof of their court appointment.
• Muniment of title: the order admitting the will is enough authority to transfer the title. If it doesn't name a sole beneficiary of the car, all heirs or beneficiaries named in the will or the order must sign.

Steps

1. Get a certified copy of the Letters (or the muniment of title order or certified will) from the probate court clerk.
2. The executor or administrator signs the title assignment, or a bill of sale, to the new owner (an heir or a buyer).
3. The new owner completes Form 130-U.
4. Submit everything to a county tax assessor-collector's office.

Forms

• Application for Texas Title and/or Registration (Form 130-U)

Documents

• Form 130-U
• An original or certified copy of Letters Testamentary or Letters of Administration (or certified probate proceedings)
• For a muniment of title: a clerk-certified copy of the will or the order admitting it
• The title, if available. TxDMV says a copy isn't needed if it has a record of the Texas title and the applicant is named in the probate documents.
• A bill of sale, if transferring without the title
• A release of lien, if a lien is recorded
• The applicant's photo ID, and proof of insurance if registering

When it applies: a lender (lienholder) is still listed on the title. A lien does not go away when the owner dies. A beneficiary who claims a car with a lien takes it subject to that lien.

Steps

1. Contact the lienholder. Either pay off the loan and get an original release of lien, or arrange for the lien to carry forward to the new owner.
2. Include the release of lien with the title application. Tarrant County says that if the lien carries forward, the original title is required along with the heirship affidavit or muniment of title.
3. If the lienholder is a person who has died and their estate was not probated, their heirs can complete Form VTR-262 marked "issued free and clear of liens" in place of a release.

Taxes: the Comptroller says that if the car had a lien when the owner died, no motor vehicle tax is due on the transfer to an heir or under a survivorship agreement.

Forms

• Application for Texas Title and/or Registration (Form 130-U)
• Affidavit of Heirship for a Motor Vehicle (Form VTR-262)

Documents

• An original release of lien from the lienholder of record, unless the lien carries forward
• The original title, if the lien carries forward
• The ownership documents for your route (beneficiary title, VTR-262, Letters, and so on)

Title fee: $28 or $33, based on the applicant's county of residence, not the county where you file. Your county tax office can tell you which applies.

Other fees

• A $2.50 fee to transfer current registration to the new owner.
• Full registration fees if the registration is not current. Local fees vary by county. For example, Travis County lists $35.50 for an heirship transfer ($33 title plus a $2.50 fee).
• No late-titling penalty for the person named on an heirship affidavit.

Sales tax and gift tax: for transfers on or after Sept. 1, 2025, Texas Tax Code §152.094 (Motor Vehicle Transferred From Decedent), as added by S.B. 2064, says Texas motor vehicle taxes do not apply to a car transferred from an estate to an heir or will beneficiary, or under a rights of survivorship agreement. The Comptroller's guidance agrees. One exception: if the heir has the car titled directly to a third party, such as a buyer, instead of in the heir's own name, motor vehicle tax is due unless another exemption applies.

Older materials still say otherwise. Some official TxDMV pages, the TxDMV FAQ, page 2 of Form 130-U and the Travis County heirship page have not been updated. They still mention a $10 gift tax and Form 14-317 for vehicles from a decedent's estate. The statute is the current rule, but counties may still be using the older process. Contact your county tax assessor-collector's office to confirm how they are handling it and how to note the exemption on Form 130-U.

Title applications for a deceased owner's car are filed at a county tax assessor-collector's office. TxDMV's FAQ lists the documents to submit there.

• In person: available at county tax offices. Bring your current driver license or other government-issued photo ID.
• Mail: varies by county and is not confirmed for heirship or probate paperwork. Contact your county tax office to confirm.
• Appointments: Harris County lets customers doing a title transfer visit without an appointment. Other counties may differ, so check your county tax office's website.
• Processing time: TxDMV says to allow at least 20 business days for the title.

TxDMV says no one may sign for a deceased person's estate without attaching evidence of legal authority, such as Letters Testamentary, Letters of Administration, probate proceedings (including a muniment of title) or an Affidavit of Heirship.

• Probate: the executor or administrator signs the title assignment or a bill of sale to the buyer, with their Letters attached. One co-executor's signature is enough.
• No probate: heirs using Form VTR-262 can name the buyer as the transferee. A dealer named as purchaser on an heirship affidavit can reassign the title. Only one heir needs to sign the odometer disclosure.
• Beneficiary: a beneficiary must get a title in their own name before selling.
• Living co-owner: Tarrant County says that if another owner on the title is still living, the original title is needed and that person must sign as seller.

Tax note: titling the car directly from the estate to a buyer is subject to motor vehicle tax unless another exemption applies. Titling it to the heir first is not, under the 2025 law described in Fees and Taxes.

If probate is needed, our state probate guide walks through it.