Can you re-title a vehicle without opening an estate? Yes, Texans, like you, may use an Affidavit of Heirship to support the title transfer. The Texas Department of Motor Vehicles has a form for this specific purpose, Affidavit of Heirship for a Motor Vehicle (Form VTR-262) (txdmv.gov).

Usefulness

Before using an Affidavit of Heirship, you must know its limitations. First, it is useful when there is no Will or there is a Will, but no probate is anticipated or pending, or a court has determined no administration is necessary. Second, all heirs must sign the Affidavit before notary. (A title transfer may use multiple affidavits provided each affidavit is signed by an heir before a notary.) Third, all heirs must agree on who is receiving the vehicle—who is the transferee.

Surprises

You must know about potential complications when using this title transfer method. Generally, if an heir is the surviving spouse, only the surviving spouse needs to complete the Affidavit. However, if there are surviving children of the decedent with a parent other than the surviving spouse, the decedent’s surviving children must compete and sign the Affidavit. Children of the decedent include children born to or adopted by the decedent. And another potential surprise, a guardian must sign for any surviving minor children of the decedent.

Final Steps

You complete the title transfer through the county tax assessor-collector’s office by presenting the appropriate documents and paying the fees. Usually, the transferee presents the following documents:

• Application for Texas Title and/or Registration (Form 130-U) (txdmv.gov),

• Affidavit of Heirship for a Motor Vehicle (Form VTR-262) (txdmv.gov),

• Title and/or registration verification, if the vehicle was lasted titled out of state,

• Release of lien (if a lien existed),

• A copy of current proof of liability insurance in the name of the transferee, and

• 14-317 Affidavit of Motor Vehicle Gift Transfer (txdmv.gov).

You should use the gift transfer affidavit to limit your total fees. Check with your county for the correct state and local fees.

Conclusion

Under the right circumstances and with the cooperation of all the heirs, this is an inexpensive method to clear and transfer car title outside of probate.

The post Small Estates: Using an Affidavit of Heirship for Motor Vehicles first appeared on GlavyLaw.