Homepage Blank Texas Vtr 262 Form
Outline

The Texas VTR 262 form, officially known as the Affidavit of Heirship for a Motor Vehicle, serves a crucial role in the transfer of vehicle ownership when the recorded owner has passed away. This form is particularly important for heirs who need to establish their legal right to the vehicle without going through the probate process. It requires detailed information about the vehicle, including its identification number, year, make, and title number, as well as the recorded owner's details and date of death. Heirs must provide their names and addresses, and if there are multiple heirs, they can all be included on the form. The VTR 262 also includes a section for the transferee—who will receive the vehicle—ensuring that ownership is clearly transferred. A significant aspect of this form is the certification by the heirs, affirming that they are the sole heirs and that no will is being probated, or if there is a will, it is agreed not to be offered for probate. Notarization is a requirement, adding a layer of authenticity to the document. Additionally, the form includes an odometer disclosure statement, which is mandated by federal and state law, ensuring that the mileage is accurately reported during the transfer. Overall, the Texas VTR 262 form streamlines the process of transferring vehicle ownership in a manner that respects the legal rights of heirs while providing a clear path for ownership transition.

Sample - Texas Vtr 262 Form

Affidavit of Heirship for a Motor Vehicle

Vehicle/Decedent Information

Vehicle Identification Number

 

Year

Make

 

 

 

 

Title/Document Number (if unknown, leave blank)

License Plate State and Number (if any)

Date of Death

 

 

 

Recorded Owner First Name

Middle Name

Last Name

Surviving Heir(s) of Decedent

1

 

First Name (or Entity Name)

Middle Name

Last Name

 

 

 

 

Heir

 

Address

City

State

 

 

 

 

First Name (or Entity Name)

Middle Name

Last Name

Heir2

(ifany)

Address

City

State

 

 

 

 

First Name (or Entity Name)

Middle Name

Last Name

Heir3

(ifany)

Address

City

State

 

 

 

 

 

 

 

Transferee(s) – Person(s) to whom the vehicle is being transferred

First Name (or Entity Name)

Middle Name

Last Name

Additional First Name (if applicable)

Middle Name

Last Name

Address

City

State

Body Style

Model

 

 

Location of Death (County and State)

Suffix (if any)

Suffix (if any)

Zip

Suffix (if any)

Zip

Suffix (if any)

Zip

Suffix (if any)

Suffix (if any)

Zip

Affiant (Heir) Certification – State law makes falsifying information a third degree felony

Before me, the undersigned authority, on this day personally appeared all the undersigned affiants, who, after having been by me duly sworn, on oath, each for himself and herself deposes and states the recorded owner of the motor vehicle (both as described above) died on the date and at the location (county and state) listed above; the deceased left (check one)no will or ☐ a will was left, but no application for administration or probate has been filed, or a court has determined no administration is necessary; there is no necessity for an administration upon the estate nor for probate of a will and all affiants have agreed the will shall not be offered for probate; that affiants herein are the sole and only known heirs at law of the deceased, and if there is a will, all beneficiaries of the will are, therefore, authorized under the law to sell, transfer, and assign the ownership to the motor vehicle described above, to wit; there are no other known heirs who have prior right to the estate of the deceased, and it is the decision of all of the undersigned that title to the above described motor vehicle be issued to, or if the lienholder recorded on the title is deceased and the lien is paid, title issued free and clear of lien to the above named transferee.

Signature of Affiant (Heir 1)

 

Signature of Additional Affiant (Heir 2, if any)

 

Signature of Additional Affiant (Heir 3, if any)

NOTARY

STAMP

HERE

 

Before me, a notary public, on this day personally appeared

 

 

 

(Heir

1),

 

 

 

(Heir 2, if any), and

 

 

 

(Heir 3,

 

if any), known to me to be the person whose name is subscribed on this document, and being by me first duly sworn,

 

declared that the statements herein contained are true and correct.

 

 

 

 

 

 

 

 

 

 

 

State of Texas, County of

 

Notary Public’s Signature

 

Date

 

 

Odometer Disclosure Statement

 

 

 

 

 

 

 

 

Federal and state law require that you state the mileage upon transfer of ownership. Providing a false statement or failure to complete this form

 

 

may result in fines and/or imprisonment. I, the seller/heir/agent, certify to the best of my knowledge the odometer reading is the actual mileage

 

 

of the vehicle unless one of the statements is checked:

 

 

 

 

 

 

 

Odometer Reading (no tenths)

☐ Mileage Exceeds Mechanical Limits

 

 

 

 

 

 

 

 

 

☐ Not Actual Mileage (WARNING – ODOMETER DISCREPANCY)

 

 

 

 

 

 

I am aware of the odometer certification made by the seller/heir/agent.

 

 

 

 

 

 

 

 

 

 

 

Signature of Seller, Heir, or Agent of Seller/Heir

 

Date of Transfer

 

Signature of Transferee/Agent

Date

 

VTR-262 Rev 11/20

Form available online at www.TxDMV.gov

Page 1 of 2

Affidavit of Heirship for a Motor Vehicle

Information

The section is for informational purposes only. Affiant(s) must obtain their own legal advice if required.

If the estate has been probated, the executor or administrator may assign the title provided a certified copy of the probate proceedings, Letters Testamentary, or Letters of Administration is attached. In this situation, this form is not required. Otherwise, the procedures in the “Instructions” section below must be met to transfer ownership.

If there has been no administration on the estate, and no administration is necessary, the heirs may complete this form, and no further documentation is required.

If an heirship affidavit is used when a court has determined 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 that specify the will is in the deceased owner’s name and indicates the name(s) of the heir(s).

If all heirs cannot appear before one notary public on the same date, or there are more than three heirs, additional copies of this form must be completed. If additional copies of this form are completed, all copies must be submitted by the transferee (or purchaser) with the title application at the time of application to a county tax assessor-collector’s office.

If one of the heirs is a surviving spouse, that heir is the only heir needing to complete this form unless there are surviving children of the decedent with a parent who is other than the surviving spouse in which case all surviving children must also complete this form.

If there is no 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.”

Children

Children born to or legally adopted by the decedent qualify for this procedure as “children” of the decedent.

A guardian must sign for any surviving minor children of the decedent and attach Letters of Guardianship.

Instructions

1.Complete the “Vehicle/Decedent Information” section on page 1. All fields are required unless indicated otherwise.

2.The heir(s) (up to three) must complete the “Surviving Heir(s) of Decedent” section on page 1. Refer to the “Information” section above for additional information. If there are more than three heirs, additional completed forms are necessary.

3.Complete the “Transferee(s)” section to indicate to whom the vehicle is being transferred. An heir may also be listed as a transferee.

4.Complete the “Affiant (Heir) Certification” section by marking the appropriate selection as to the will. The preceding three sections of the form must be completed prior to completion of this section. Each heir (up to three) must sign this form before a notary. All signatures must be notarized. This section may not be completed by execution of a power of attorney.

5.The “Odometer Disclosure Statement” section must be completed by an heir (or any agent of an heir) and the purchaser of the motor vehicle if the vehicle is subject to odometer disclosure. This section may be completed after the notarization has been completed. Only one seller/heir is required to execute the odometer disclosure statement.

6.The following documentation is required in order for a title transfer to be processed by the county tax assessor- collector’s office in the name of the title applicant(s):

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

Affidavit of Heirship for a Motor Vehicle (Form VTR-262);

If a court has determined no administration is necessary:

Original or certified copy of the court document indicating no administration of the will is necessary; and

The portions of the will specifying the will is in the decedent’s name and indicating the heir(s);

Title and/or registration verification if the vehicle was last titled out of state;

Release of Lien (if a lien is recorded on the title record); and

A copy of current proof of liability insurance in the applicant’s name (if applying for registration).

Note: Errors that have been lined through and corrected require a statement of fact. Erasures and significant alterations may require a new form to be completed.

VTR-262 Rev 11/20

Form available online at www.TxDMV.gov

Page 2 of 2

Form Information

Fact Name Details
Purpose The Texas VTR-262 form is used to establish the transfer of ownership of a motor vehicle when the recorded owner has passed away, through an affidavit of heirship.
Governing Law This form is governed by Texas state law, specifically the Texas Estates Code and Texas Transportation Code.
Required Information It requires details such as the vehicle identification number, the deceased owner's information, and the surviving heirs' names and addresses.
Notarization All signatures on the form must be notarized to validate the affidavit, ensuring that the information provided is true and correct.
Odometer Disclosure The form includes an odometer disclosure statement, which must be completed to confirm the vehicle's mileage at the time of transfer.

Detailed Guide for Filling Out Texas Vtr 262

Filling out the Texas VTR-262 form involves several key steps to ensure accurate and complete information is provided. Once the form is filled out correctly, it can be submitted to the county tax assessor-collector’s office for processing.

  1. Begin by completing the “Vehicle/Decedent Information” section on page 1. Fill in all required fields, including the Vehicle Identification Number, year, make, title/document number, license plate state and number, date of death, and the recorded owner’s full name.
  2. Next, move to the “Surviving Heir(s) of Decedent” section. Provide information for each heir (up to three), including their first name, middle name, last name, address, city, and state. If there are more than three heirs, additional forms will be needed.
  3. Fill out the “Transferee(s)” section to indicate who will receive the vehicle. Include the transferee’s full name, any additional names, address, city, and state.
  4. In the “Affiant (Heir) Certification” section, mark the appropriate box regarding the will of the deceased. Ensure that all previous sections are completed before signing. Each heir must sign the form in the presence of a notary public.
  5. Complete the “Odometer Disclosure Statement” section. This must be done by an heir or their agent, certifying the odometer reading at the time of transfer. Only one heir is required to sign this section.
  6. Gather all necessary documentation for the title transfer. This includes the completed VTR-262 form, Application for Texas Title and/or Registration (Form 130-U), and any required court documents if applicable.

Obtain Answers on Texas Vtr 262

  1. What is the purpose of the Texas VTR 262 form?

    The Texas VTR 262 form, also known as the Affidavit of Heirship for a Motor Vehicle, is used to transfer ownership of a motor vehicle from a deceased individual to their heirs. This form is particularly relevant when the deceased has not left a will, or when there is no need for formal probate proceedings. It serves as a legal declaration that the signatories are the rightful heirs of the deceased and have the authority to transfer the vehicle title.

  2. Who should complete the VTR 262 form?

    The form should be completed by the surviving heirs of the deceased. Up to three heirs can sign the form as affiants. If there are more than three heirs, additional copies of the form must be filled out. In cases where a surviving spouse exists, that spouse is the only heir required to complete the form unless there are surviving children from a different parent.

  3. What information is required on the form?

    The VTR 262 form requires several pieces of information, including:

    • Vehicle identification number (VIN)
    • Year and make of the vehicle
    • Recorded owner's name and date of death
    • Names and addresses of the surviving heirs
    • Transferee's information (the person receiving the vehicle)

    All fields must be completed unless otherwise indicated.

  4. Is notarization required for the VTR 262 form?

    Yes, notarization is required. Each heir signing the form must do so in the presence of a notary public. The notary will confirm the identities of the affiants and witness their signatures, ensuring the document is legally binding.

  5. What if the deceased left a will?

    If the deceased left a will, the heirs may still use the VTR 262 form if the will has not been probated and no administration is necessary. However, if the estate has been probated, the executor or administrator of the estate must handle the title transfer using appropriate probate documents instead of this form.

  6. What additional documentation is needed for the title transfer?

    To process the title transfer, several documents must be submitted along with the VTR 262 form, including:

    • Application for Texas Title and/or Registration (Form 130-U)
    • Original or certified copy of any court document indicating no administration is necessary, if applicable
    • Portions of the will specifying the decedent's name and the heirs, if applicable
    • Title verification if the vehicle was last titled out of state
    • Release of lien, if there is a lien on the title
    • Proof of liability insurance in the applicant's name, if applying for registration
  7. What happens if there are errors on the form?

    If errors are made on the VTR 262 form, they must be corrected in a specific manner. Errors that are crossed out and corrected require a statement of fact explaining the changes. Significant alterations or erasures may necessitate the completion of a new form to ensure clarity and legal validity.

  8. Can a guardian sign for minor children?

    Yes, if there are surviving minor children of the deceased, a guardian may sign the VTR 262 form on their behalf. The guardian must also attach Letters of Guardianship to validate their authority to act for the minor heirs.

Common mistakes

Filling out the Texas VTR-262 form can be a straightforward process, but many individuals make common mistakes that can lead to delays or complications. One frequent error is failing to provide complete vehicle information. This includes not entering the Vehicle Identification Number (VIN), year, or make of the vehicle. Each piece of information is crucial for accurately identifying the vehicle being transferred.

Another mistake involves the “Surviving Heir(s) of Decedent” section. Many people neglect to list all heirs, or they mistakenly omit necessary details such as middle names or suffixes. This can create confusion and may result in the form being rejected. It's essential to ensure that every heir is listed correctly and completely.

Inaccurate or incomplete signatures are also a common issue. Each heir must sign the form in front of a notary public. If any signature is missing or not properly notarized, the form will not be valid. This can cause significant delays in the title transfer process.

Some individuals overlook the importance of the “Odometer Disclosure Statement.” This section must be filled out accurately, as it is required by federal and state law. Failing to provide the correct odometer reading or neglecting to check the appropriate box can lead to penalties or complications during the transfer.

Additionally, not attaching necessary documentation is a frequent oversight. If the estate has been probated, a certified copy of the probate proceedings must be included. If no administration is necessary, the original or certified copy of the court document indicating this must be attached. Missing these documents can halt the transfer process.

People often misinterpret the requirements regarding heirs. For instance, if there is a surviving spouse, they may be the only heir required to fill out the form unless there are children from a different parent. Misunderstanding these rules can lead to incomplete submissions.

Another mistake is failing to check for additional heirs. If there are more than three heirs, additional copies of the form must be completed. This requirement is sometimes overlooked, leading to unnecessary delays.

Errors in the “Affiant (Heir) Certification” section can also cause issues. It is vital to mark the correct option regarding the will and ensure all heirs sign this section. Incorrect markings or missing signatures can invalidate the affidavit.

Lastly, individuals sometimes forget to review the entire form for errors before submission. Simple mistakes, such as typos or incorrect information, can lead to significant delays. Taking the time to double-check all entries can save time and effort in the long run.

Documents used along the form

The Texas VTR-262 form, known as the Affidavit of Heirship for a Motor Vehicle, is essential for transferring ownership of a vehicle after the owner's death. However, several other forms and documents are often required to ensure a smooth transfer process. Below is a list of these documents, along with a brief description of each.

  • Application for Texas Title and/or Registration (Form 130-U): This form is necessary for applying for a new title or registering a vehicle in Texas. It collects information about the vehicle and the owner.
  • Original or Certified Copy of Court Document: If a court has determined that no administration of the will is necessary, this document must be attached. It serves as proof that the estate does not require formal probate proceedings.
  • Will of the Decedent: If there is a will, it must be provided to indicate the deceased’s wishes regarding the distribution of assets, including the vehicle in question.
  • Release of Lien: If there is a lien on the vehicle, this document is required to show that the lien has been satisfied, allowing for a clear transfer of ownership.
  • Odometer Disclosure Statement: This form is mandatory to disclose the vehicle's mileage at the time of transfer. It helps prevent fraud related to odometer readings.
  • Proof of Liability Insurance: A copy of current proof of insurance in the applicant's name is required if the vehicle is being registered at the same time as the title transfer.
  • Letters Testamentary or Letters of Administration: If the estate has been probated, these documents may be needed to show who has the authority to act on behalf of the estate.
  • Identification of Heirs: A valid form of identification for each heir involved in the transfer may be required to verify their identity and relationship to the decedent.

Gathering these documents ensures that the transfer of ownership is legally sound and adheres to Texas laws. Proper documentation helps prevent delays and complications during the title transfer process.

Similar forms

The Texas VTR 262 form, known as the Affidavit of Heirship for a Motor Vehicle, serves as a legal document to establish the transfer of vehicle ownership when the recorded owner has passed away. Several other documents share similarities with this form in terms of their purpose and function. Below are four documents that are comparable to the Texas VTR 262 form:

  • Affidavit of Heirship: This document is used to declare the heirs of a deceased individual. Like the VTR 262, it identifies the heirs and provides a legal basis for transferring property, including vehicles, without the need for formal probate proceedings.
  • Application for Texas Title and/or Registration (Form 130-U): This form is necessary for transferring vehicle ownership in Texas. Similar to the VTR 262, it requires information about the vehicle and the parties involved in the transaction, ensuring proper documentation for title transfer.
  • Probate Court Documents: When a deceased person has a will, probate court documents may be required to establish the rightful heirs and facilitate the transfer of assets. These documents, like the VTR 262, provide legal confirmation of ownership and inheritance, although they involve formal court proceedings.
  • Odometer Disclosure Statement: This form is required during the transfer of vehicle ownership to disclose the vehicle's mileage. While it serves a different purpose than the VTR 262, both documents are essential for ensuring compliance with state regulations during the transfer process.

Dos and Don'ts

When filling out the Texas VTR-262 form, it's important to approach the task with care and attention to detail. Here’s a list of things to keep in mind:

  • Do ensure all required fields are completed accurately. This includes vehicle information, decedent details, and heir information.
  • Don't leave any mandatory fields blank. If a field is not applicable, indicate that clearly.
  • Do have all heirs present when signing the form before a notary. This ensures that all signatures are valid and recognized.
  • Don't attempt to falsify information. Providing false information can lead to serious legal consequences.
  • Do attach any necessary documentation, such as court documents if applicable, to support the claim of heirship.
  • Don't forget to complete the odometer disclosure statement if required. This is essential for transferring ownership legally.
  • Do consult legal advice if you are unsure about any aspect of the form or the process. It’s better to be informed than to make mistakes.
  • Don't make corrections with erasures or significant alterations. If errors occur, it may be necessary to fill out a new form.

Misconceptions

Misconceptions about the Texas VTR 262 form can lead to confusion and potential legal issues for heirs and transferees. Understanding the realities surrounding this form is crucial. Below is a list of common misconceptions along with clarifications.

  • Misconception 1: The VTR 262 form is only necessary if there is a will.
  • This is incorrect. The form can be used when there is no will or when a will exists but no administration or probate has been filed. It serves as a way to transfer ownership without going through probate.

  • Misconception 2: Only one heir needs to sign the form.
  • In fact, all heirs must sign the form unless there is a surviving spouse. If there are more than three heirs, additional copies of the form must be completed.

  • Misconception 3: The VTR 262 form can be completed without notarization.
  • This is not true. All signatures on the form must be notarized to ensure the authenticity of the document.

  • Misconception 4: The form can be used to transfer ownership of any vehicle.
  • The VTR 262 form is specifically for motor vehicles. It cannot be used for other types of property or assets.

  • Misconception 5: Heirs can complete the form without any additional documentation.
  • Additional documentation may be required depending on the circumstances. For example, if a court has determined no administration is necessary, a certified copy of that court document must be attached.

  • Misconception 6: The odometer disclosure is optional.
  • This is false. Federal and state laws require the odometer disclosure statement to be completed during the transfer of ownership. Failure to do so may result in fines or other penalties.

  • Misconception 7: All heirs must appear before the notary at the same time.
  • While it is preferable for all heirs to appear together, if that is not possible, additional copies of the form can be completed and submitted separately.

  • Misconception 8: The VTR 262 form can be used if the estate has already been probated.
  • If the estate has been probated, the executor or administrator should handle the title transfer using the appropriate probate documents. The VTR 262 form is not necessary in that case.

Key takeaways

Filling out the Texas VTR-262 form, known as the Affidavit of Heirship for a Motor Vehicle, is an important step for heirs seeking to transfer ownership of a vehicle after the recorded owner's death. Here are some key takeaways to keep in mind:

  • Complete Vehicle and Decedent Information: Accurately fill in all required fields, including the Vehicle Identification Number (VIN), year, make, and details about the deceased owner.
  • Identify Surviving Heirs: List all surviving heirs, providing their full names and addresses. If there are more than three heirs, additional forms must be completed.
  • Notarization is Essential: All signatures from heirs must be notarized to validate the form. This step cannot be skipped, as it ensures the authenticity of the document.
  • Odometer Disclosure: Include the odometer reading at the time of transfer. This is a legal requirement, and any inaccuracies can lead to penalties.
  • Documentation Requirements: Be prepared to submit additional documents, such as a certified copy of the court document indicating no administration is necessary, if applicable.
  • Understand Heirship Rules: If the decedent had a spouse or children, they may have specific rights regarding the vehicle. Consult legal counsel if unsure about heirship.
  • Follow Submission Guidelines: When submitting the form, ensure that all required documents are included to avoid delays in the title transfer process at the county tax assessor-collector’s office.

By keeping these points in mind, heirs can navigate the process of transferring vehicle ownership with greater confidence and clarity.