Transfer vehicle ownership

Transferring a vehicle title after the owner's death in Texas can be a complex process. Whether the deceased left a will or died intestate (without a will), there are specific steps and legal requirements that must be followed. This guide will help you navigate the process and ensure a smooth transfer of vehicle ownership.

What Documents Are Required to Transfer a Vehicle Title After Death?

The Texas Department of Motor Vehicles (TxDMV) requires certain documents to complete a vehicle title transfer when the registered owner has passed away. The required paperwork differs depending on whether the estate is probated or not.

If the Estate Was Probated

If the deceased’s estate has gone through probate, you will need:

Original vehicle titleOriginal vehicle title
Certified copy of the death certificate
Release of lien (if the vehicle was financed and the loan has been paid)
Form 130-U (Application for Texas Title and/or Registration)
Valid driver’s license or government-issued photo ID
Certified copy of Letters Testamentary or Letters of Administration
Proof of current Texas vehicle inspection
Odometer disclosure statement (if required)

If the Estate Was Not Probated

If the estate did not go through probate, you will need all of the documents listed above, plus:

Finding Your Local County Office

To locate the nearest county tax office for title transfer, visit the TxDMV Office Locator.

How to Transfer a Vehicle Title in Texas When the Deceased Had a Will

If the deceased had a valid will, the process is generally straightforward.

Step 1: Gather Required Documents

Ensure that you have all necessary documents, including the probated will, death certificate, and Form 130-U.

Step 2: Visit the Local County Tax Office

Take all documents to the county tax office where the vehicle is registered.

Step 3: Pay Transfer Fees and Taxes

Step 4: Receive the New Vehicle Title

After submitting the documents and fees, the county tax office will process the transfer, and the new title will be issued in the heir’s or buyer’s name.

How to Transfer a Vehicle in Texas When the Deceased Had No Will

If the deceased died intestate (without a will), the process is more complex. The method used depends on whether probate was required.

Scenario 1: No Will and No Probate

If no one has applied to be the estate administrator, or the probate court deems administration unnecessary, the vehicle is transferred through heirship.

Requirements for Heirship Transfers:

Scenario 2: No Will, But Probate Occurred

If probate is required, the title transfer process follows court orders.

Requirements for Probate Transfers:

Special Note on Heirship vs. Probate Transfers

Regardless of whether the vehicle is transferred by heirship or probate court order, if it qualifies as a gift, a Motor Vehicle Gift Transfer Affidavit (Form 14-317) must be completed.

Does a Vehicle Transfer from an Estate Count as a Gift?

When transferring a vehicle from an estate, Texas tax laws may classify the transfer as a gift, which affects the tax and documentation requirements.

A vehicle transfer is considered a gift if:

If the transfer meets these conditions, you must:

Important Exception:

If the executor or administrator sells the vehicle to a non-family member, this affidavit is not required.

Need Help with a Vehicle Title Transfer in Texas?

Transferring a deceased person’s vehicle title in Texas can be challenging, especially in cases involving probate or heirship. If you need assistance with estate administration, probate, or vehicle transfers, consulting a probate attorney can help ensure a smooth process.

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