The affidavit of heirship for a motor vehicle can be used in lieu of probate if the only asset of the estate consists of one or more vehicles. While not technically an alternative to probate, it can help clear title to the decedent’s vehicle.
The affidavit of heirship for a motor vehicle can be used to transfer title to a vehicle if:
If one of the heirs is a surviving spouse and there are no surviving children from someone other than the decedent, the affidavit can be completed by the surviving spouse only. If there are surviving children from someone other than the decedent, the children (or their guardians) must sign the affidavit.
It should be noted that this affidavit is not required if the decedent’s will is probated or if an administration is started, as the personal representative can transfer title to a vehicle by attaching a copy of their letters testamentary or letters of administration to the title itself.
The affidavit form can be found on the website for the Texas Department of Motor Vehicles. Once signed, the affidavit is delivered to the county tax assessor’s office to transfer title to the new owner.
The county tax assessor will also need the following information to transfer title to the vehicle:
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