Form Vtr-262 - Affidavit Of Heirship For A Motor Vehicle Page 2
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1
2HEIRSHIP PROCEDURE
Form VTR-262 (Rev. 11/09)
Page 2 of 2
1. If the estate has been probated, the executor or administrator may assign the title provided a certified copy of the probate
proceedings or Letters Testamentary or Letters of Administration is attached. Otherwise, the following procedures must be met
in order to transfer ownership.
2. If an heirship affidavit is used when a court has determined that 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 which
specify that the will is in the deceased owner’s name and indicates the name(s) of the heir(s).
3. Complete the information regarding the vehicle description.
4.
ALL HEIRS OF ESTATE
- If there has been no administration on the estate, and no administration is necessary, the heir or heirs
should sign in the SIGNATURE OF AFFIANTS AREA. If all heirs cannot appear before one notary public on the same date,
separate acknowledgments may be taken and attached to the form. If one of the heirs is a surviving spouse, only that heir need
sign as an affiant, unless there are surviving children of the deceased with a parent who is other than the surviving spouse. If there
is no surviving spouse, or if there are surviving children of the deceased with a parent who is other than the 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.”
NOTE: 1. Children born to or legally adopted by the deceased qualify for this procedure as “children” of the deceased.
2. If there are surviving minor children of the deceased who are “heirs,” a guardian must sign for the minor children and
attach Letters of Guardianship.
3. If there is no surviving spouse, a guardian should sign for any surviving minor children of the deceased and attach
Letters of Guardianship.
NOTE: The foregoing is for information purposes only. If legal advice is required in any matter, the affiant(s) should make their
own arrangements for the same.
5. NOTARIZATION - All signatures must be notarized.
6. Errors - Errors that have been lined through and explained may be corrected with a statement of fact. Erasures and significant
alterations may require a new form to be completed.
7. ODOMETER DISCLOSURE STATEMENT - This section is required to be completed by the seller/heir and the purchaser on
motorized vehicles with a year model of less than 10 model years old.
NOTE: Only one seller/heir is required to execute the odometer disclosure statement.
The following additional documentation may be required in order for a title transfer to be processed by the County Tax Assessor-
Collector in the name of the title applicant(s):
a. An Application for Texas Certificate of Title (Form 130-U);
b. A Title and Registration Verification or Current License Receipt;
c. A Release of Lien (if applicable);
d. An Affidavit of Physical Inspection (Form VTR-270);
e. A secure Dealer Reassignment of Title (Form VTR-41-A); and
f. Current Proof of Liability Insurance in the Title Applicant’s Name(s).
WARNING: TRANSPORTATION CODE § 501.155, PROVIDES THAT FALSIFYING INFORMATION ON ANY
REQUIRED STATEMENT OR APPLICATION IS A THIRD-DEGREE FELONY.
Online Form at
TxDMV FORM VTR-262 Page 2 of 2
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