Vehicle title transfer, inherited vehicles

If you plan to inherit a vehicle due to a death, the tax office staff extends our condolences to you and your family on the loss of your loved one. We know this is a difficult time and want to guide you through the necessary steps required to title and register the inherited vehicle, which you acquired through heirship or Probate Court.

Heirship is necessary when your loved one dies without a will and no one files in Probate Court for the administration of property or the court rules administration of property is unnecessary. Please consult your lawyer to determine “heir(s)-at-law,” the family member (descendent) Texas law entitles to inherit the vehicle.

Probate Court occurs when your loved one’s will is filed for the court to authenticate and decide, among other things, the rightful beneficiaries of property, including any vehicles, or there is no will and family members ask the court to determine who should inherit what.

Note: You do not need the vehicle’s title to inherit it, but state law requires specific documentation before you can legally title and register the vehicle in your name, sell it or give it as a gift.

Heirship

To title and register a vehicle through heirship, you will need:

• Affidavit(s) of Heirship (Form VTR-262). If there is more than one heir, each of you must sign the form and have the signatures notarized. Heirs may fill out individual Affidavits of Heirship and must have each affidavit notarized.

Note: Be sure to fill out the odometer section of the heirship form. Under federal law, the seller and buyer must sign to verify the mileage. In this case, only one heir needs to sign on the first signature line (you are representing the seller) and only one needs to sign as the recipient (representing the buyer) of the vehicle.

• Affidavit of Motor Vehicle Gift Transfer (Form 14-317) if you plan to title the vehicle.

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

• The original or certified copy of the court document (if you filed in court) showing no administration of property is necessary.

• Release of lien. If the current vehicle title shows a lien, you will need release of lien documentation. (Even if you do not have the title, we can see there is a lien in the state’s motor vehicle database.)

• A current Vehicle Inspection Report from a certified Texas Department of Public Safety inspection station in Travis County if you plan to apply for vehicle registration.

• Proof of insurance that meets the Texas minimums: $30,000 per person for bodily injury, $60,000 per accident for bodily injury and $25,000 in property damage liability.

• $35.50 ($33 for title transfer plus a $2.50 filing fee) and you also may owe sales or gift taxes and registration fees.

Probate Court

To title and register a vehicle after Probate Court, you will need:

• The court-appointed executor or administrator (usually a family member) to show us the original or certified copy of “letters testamentary,” “letter of authority” or “letters of administration,” the court-provided legal documentation authorizing the executor to act on behalf of your loved one’s estate.

• Release of lien. If the current vehicle title shows a lien, you will need release of lien documentation. (Even if you do not have the title, we can see there is a lien in the state’s motor vehicle database.)

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

• A current Vehicle Inspection Report from a certified Texas Department of Public Safety inspection stationin Travis County, providing you plan to apply for vehicle registration.

• Proof of insurance that meets the Texas minimums: $30,000 per person for bodily injury, $60,000 per accident for bodily injury and $25,000 in property damage liability.

• $35.50 ($33 for title transfer plus a $2.50 filing fee) and you also may owe sales or gift taxes and registration fees.

If you are unsure whether you have the correct paperwork or your paperwork from the court is different from what is described on this page, call our customer help line at (512) 854-9473. We are happy to answer any questions but we cannot verify documents over the phone.