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Fill Your Texas Vtr 262 Form

The Texas VTR 262 form serves as an Affidavit of Heirship for a Motor Vehicle, enabling heirs to transfer ownership of a vehicle following the death of its recorded owner. This form is essential when there has been no administration of the estate and no will, or when a will exists but is not being probated. Properly completing this form ensures that the rightful heirs can legally claim and transfer the vehicle in question.

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Dos and Don'ts

When filling out the Texas VTR-262 form, it is essential to follow specific guidelines to ensure a smooth process. Here are some important dos and don'ts:

  • Do complete all required fields in the "Vehicle/Decedent Information" section accurately.
  • Do ensure that all surviving heirs, up to three, complete their respective sections and sign before a notary.
  • Do provide the necessary documentation if a court has determined no administration is necessary.
  • Do include a certified copy of the will if applicable, indicating the heirs and their rights.
  • Don't leave any required fields blank; this may delay the processing of your application.
  • Don't attempt to alter the form significantly; corrections must be accompanied by a statement of fact.
  • Don't forget to complete the "Odometer Disclosure Statement" if applicable, as it is a legal requirement.
  • Don't submit the form without notarization, as all signatures must be verified by a notary public.

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

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Documents used along the form

The Texas VTR-262 form, known as the Affidavit of Heirship for a Motor Vehicle, is an essential document used in the transfer of vehicle ownership after the death of the registered owner. When completing this process, several other forms and documents may also be required to ensure a smooth transition of title. Below is a list of commonly associated forms and documents that are often utilized alongside the VTR-262.

  • Application for Texas Title and/or Registration (Form 130-U): This form is necessary for individuals seeking to apply for a new title or register a vehicle in Texas. It collects information about the vehicle and the applicant, ensuring that the title is properly issued in the name of the new owner.
  • Release of Lien: If there is an existing lien on the vehicle, this document must be provided to demonstrate that the lien has been satisfied. It serves as proof that the lender has relinquished their claim to the vehicle, allowing for a clear title transfer.
  • Odometer Disclosure Statement: This form is required to disclose the vehicle's mileage at the time of transfer. It helps prevent fraud by ensuring that the odometer reading is accurate, as federal and state laws mandate this disclosure during ownership changes.
  • Court Document Indicating No Administration Necessary: If a court has determined that no administration of the estate is required, a certified copy of this document must be submitted. It confirms that the heirs can transfer the vehicle without going through probate.
  • Will Documentation: If the deceased left a will, it may be necessary to provide portions of the will that specify the heirs and indicate that the vehicle is part of the estate. This documentation supports the claims made by the heirs in the VTR-262 form.
  • Proof of Liability Insurance: When applying for registration, a copy of current proof of liability insurance in the applicant's name is required. This ensures that the vehicle is insured before it can be legally driven on public roads.

Completing the vehicle title transfer process involves gathering these documents in addition to the VTR-262 form. Each document plays a critical role in establishing legal ownership and ensuring compliance with Texas state laws. Proper preparation can help facilitate a smoother transfer and mitigate potential complications.

Common mistakes

Filling out the Texas VTR 262 form can be a straightforward process, but mistakes can lead to delays in transferring vehicle ownership. One common error is failing to provide complete vehicle and decedent information. All fields in the "Vehicle/Decedent Information" section are essential. Omitting details such as the Vehicle Identification Number (VIN) or the date of death can result in the form being rejected. Ensure that every required box is filled out accurately to avoid complications.

Another frequent mistake involves the "Surviving Heir(s) of Decedent" section. Some individuals neglect to list all heirs or mistakenly assume that only one heir needs to sign. If there are multiple heirs, up to three must be included on the form. If there are more than three, additional copies of the form must be completed. Failing to include all relevant heirs can lead to disputes later on and may hinder the title transfer process.

In addition, errors in the "Affiant (Heir) Certification" section can cause significant issues. It is crucial to mark the appropriate selection regarding the existence of a will. If the affiant(s) do not accurately indicate whether a will was left or if an administration is necessary, it may invalidate the entire affidavit. Each heir must sign in front of a notary, and all signatures must be notarized. Missing signatures or incorrect notary information can lead to further complications.

Lastly, many people overlook the "Odometer Disclosure Statement." This section must be completed accurately to comply with federal and state laws. Providing false information or failing to complete this section can result in fines or legal consequences. It is vital that the seller, heir, or agent certifies the odometer reading correctly. Neglecting this requirement can delay the title transfer and create additional legal hurdles.

Misconceptions

  • Misconception 1: The VTR-262 form is only for vehicles with a will.
  • This form can be used whether or not the deceased left a will. If there is no will, heirs can still use the VTR-262 to transfer ownership of the vehicle, provided no administration is necessary.

  • Misconception 2: All heirs must be present to sign the form.
  • While it is ideal for all heirs to sign in front of a notary, if not all can be present, additional copies of the form can be completed. Each copy must be submitted together with the title application.

  • Misconception 3: Only immediate family members can be heirs.
  • Heirs can include anyone recognized under Texas law. This may extend beyond immediate family, depending on the decedent's situation and legal definitions of heirs.

  • Misconception 4: The VTR-262 form is not legally binding.
  • This form is a legal document. Falsifying information on it is a third-degree felony. Therefore, it carries significant legal weight and implications.

  • Misconception 5: You can complete the form without legal advice.
  • While it is possible to fill out the form without consulting a lawyer, it is strongly recommended to seek legal advice, especially in complex situations involving multiple heirs or disputes.

  • Misconception 6: The odometer disclosure is optional.
  • The odometer disclosure is mandatory under federal and state law when transferring ownership. Not completing this section can lead to fines or other legal consequences.

Key takeaways

Filling out the Texas VTR-262 form is an important step in transferring ownership of a motor vehicle after the owner has passed away. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The VTR-262 form serves as an Affidavit of Heirship, allowing heirs to transfer the title of a vehicle without going through probate, provided certain conditions are met.
  • Complete All Required Fields: Ensure that all sections of the form are filled out completely, including vehicle information and details about the decedent and heirs.
  • Signatures Matter: All heirs (up to three) must sign the form in front of a notary public. This step is crucial for the form's validity.
  • Odometer Disclosure: The odometer reading must be accurately reported. Falsifying this information can lead to serious legal consequences.
  • Documentation Requirements: To process the title transfer, submit the VTR-262 along with other necessary documents, such as proof of insurance and any court documents if applicable.
  • Multiple Heirs: If there are more than three heirs, additional copies of the VTR-262 must be completed and submitted together with the title application.
  • Consult Legal Counsel: If there are uncertainties regarding heirship or the estate, it's wise to seek legal advice to ensure compliance with Texas law.
  • Timeliness is Key: Complete the form and submit it as soon as possible to avoid complications or delays in the transfer process.

By following these guidelines, you can navigate the process of using the Texas VTR-262 form more smoothly, ensuring that you honor the wishes of the deceased while adhering to legal requirements.

File Characteristics

Fact Name Details
Purpose The VTR-262 form is used to transfer ownership of a motor vehicle when the owner has passed away.
Governing Law This form is governed by Texas law, specifically under the Texas Transportation Code.
Required Signatures All heirs (up to three) must sign the form before a notary public to validate the transfer.
Odometer Disclosure Federal and state law mandates that the odometer reading must be disclosed during the transfer of ownership.
Documentation Needed Additional documents may be required, such as a certified copy of a court document if no administration is necessary.

How to Use Texas Vtr 262

Completing the Texas VTR 262 form is an essential step in transferring ownership of a motor vehicle after the recorded owner's death. It requires careful attention to detail to ensure that all necessary information is accurately provided. Following the steps outlined below will help streamline the process and ensure compliance with state requirements.

  1. Begin by filling out the “Vehicle/Decedent Information” section at the top of the form. Include the Vehicle Identification Number (VIN), year, make, title/document number (leave blank if unknown), license plate state and number (if applicable), and the date of death of the recorded owner.
  2. Next, complete the “Surviving Heir(s) of Decedent” section. Provide the first name, middle name, last name, and address for each heir (up to three). If there are more than three heirs, additional forms must be completed.
  3. Fill in the “Transferee(s)” section to indicate the person(s) to whom the vehicle is being transferred. Include names and addresses, ensuring that all necessary information is provided.
  4. In the “Affiant (Heir) Certification” section, mark the appropriate box regarding the existence of a will. Ensure that all previous sections of the form are completed before signing. Each heir must sign the form in front of a notary public, and all signatures must be notarized.
  5. Complete the “Odometer Disclosure Statement” section. This must be filled out by an heir or their agent and the purchaser of the vehicle if odometer disclosure is required. Only one seller/heir needs to sign this section.
  6. Gather all necessary documentation for the title transfer. This includes the Application for Texas Title and/or Registration (Form 130-U), the completed VTR 262 form, any court documents if applicable, title verification if the vehicle was last titled out of state, release of lien if necessary, and proof of liability insurance in the applicant's name.