If your relative died without a will in Texas, you might feel overwhelmed trying to sort out their personal property. Fortunately, the state law provides several options for transferring a vehicle after an intestate death.
Check for rights of survivorship and beneficiary designation
First, check the vehicle title to see if the owner set up a right of survivorship or named a beneficiary. You can also get this information from your county tax assessor-collector’s office. These legal tools let the car pass directly to you or another named person without involving the court.
When the car must go through probate
When a car lacks these specific designations, the vehicle generally becomes part of the deceased individual’s estate. Since there is no written will or prior estate planning, a probate judge may need to distribute the assets according to Texas intestate succession laws. This formal legal process usually takes time and requires you to submit an application to the local court system. During this period, you generally cannot sell or transfer the vehicle to another party.
Bypassing probate with Form VTR-262
If no probate proceeding is currently open for the estate and the vehicle has no outstanding lien, you may be able to transfer the title without going through probate by filing an Affidavit of Heirship for a Motor Vehicle. The Texas Department of Motor Vehicles offers this specific document, known as Form VTR-262, for families dealing with an intestate estate.
The heir or heirs claiming the vehicle must sign the affidavit before a notary public. Two disinterested witnesses are also generally required to sign. You will also need to submit a certified copy of the death certificate with the completed affidavit. However, it must be noted that, if multiple heirs are involved and there is a dispute over who is entitled to the vehicle, the VTR-262 process may not resolve the matter, and a formal probate proceeding may be necessary.
How a Texas probate attorney can help
Navigating state rules and paperwork after losing a loved one can feel stressful. A knowledgeable Texas probate attorney can guide you through every step so you can move forward with confidence.