FastCounsel

This guide explains the common ways a vehicle title is retitled after a parent dies in Texas and the practical steps you will normally follow. It uses typical facts: the car was titled solely in the deceased parent’s name, there is no surviving joint owner, and there are no recorded liens. If your situation differs (joint title, named beneficiary, an estate under formal probate, or a lien), some steps change. This is educational information only and is not legal advice.

Overview: how title passes in Texas

In Texas, a vehicle can be retitled after an owner dies in several ways depending on how the car is owned and the size/status of the estate:

• Immediate transfer to a surviving joint owner if the vehicle was jointly titled.
• Transfer by the personal representative (executor or administrator) if the estate is formally probated.
• Transfer via a small-estate affidavit or heirship affidavit when no formal administration is opened and the statutory threshold/process permits collection of personal property without administration (see Texas Estates Code Chapter 205).

TxDMV administers vehicle titles. See the TxDMV title-transfer information page for forms and local office instructions: https://www.txdmv.gov/motorists/register-your-vehicle/ownership/title-transfer.

Step-by-step: common scenarios and what to do

1) If the vehicle was jointly titled with a surviving co-owner

1. Locate the title. A surviving joint owner usually becomes sole owner by right of survivorship.
2. Bring the vehicle title (signed as necessary), a certified copy of the death certificate, government ID, and the completed Application for Texas Certificate of Title (Form 130‑U) to your county tax office. TxDMV’s main title form is available through their website and county tax offices often handle the transaction.
3. Pay title transfer fees, taxes, and any lien releases required by the county.

2) If the estate is being probated (there is a personal representative)

1. The personal representative (executor/administrator) will obtain Letters Testamentary or Letters of Administration from the probate court. These are the official papers showing authority to act for the estate.
2. The personal representative signs the vehicle title to transfer to the purchaser or to the heir, or they may sign a power of sale if selling estate property under court orders.
3. Gather required documents: the original title (signed), a certified copy of the death certificate, certified copy of Letters Testamentary or Letters of Administration, completed Form 130‑U, odometer statement (if required), lien release (if any), and payment for fees/taxes.
4. Take these documents to the county tax assessor‑collector (the office that issues titles) or to an authorized TxDMV location to get a new title issued in the transferee’s name.

3) If there is no probate and the estate qualifies for collection without administration (small estate)

Texas law allows certain personal property to be collected and transferred without formal probate by using an affidavit procedure under Texas Estates Code Chapter 205. If the estate qualifies, an heir (or other person entitled) can use an affidavit to claim personal property, including a vehicle.

1. Confirm eligibility: review Texas Estates Code Chapter 205 to determine whether the small-estate procedures apply to your situation — the statute sets out who may use the process and what property it covers. See: Texas Estates Code, Chapter 205.
2. Prepare the required affidavit(s). Common documents include a Small Estate Affidavit or Affidavit of Heirship and an affidavit stating that no administration is pending and that the claimant is entitled to the item. Many title offices and title companies accept an affidavit sworn before a notary and sometimes require two credible witnesses for heirship affidavits.
3. Collect supporting documents: original title (or as much of it as remains), certified death certificate, government ID for the claimant, and any required affidavits or witness statements.
4. Submit the package to the county tax office with Form 130‑U and pay applicable fees/taxes. The county will typically issue a new title in the heir’s name if the affidavit and documentation meet the county’s standards and the TxDMV rules.

Common documents you will likely need

• Certified copy of the decedent’s death certificate (ordered from Texas Department of State Health Services or the county vital records office).
• Original vehicle title (if available).
• Completed Application for Texas Certificate of Title (Form 130‑U) — available from TxDMV or county tax office.
• Letters Testamentary or Letters of Administration (if the estate is probated).
• Small-estate affidavit or affidavit of heirship (if no probate and you meet statutory requirements under Estates Code Chapter 205).
• Odometer disclosure (if required by federal/state rules; typically required for vehicles less than 10 years old).
• Evidence of lien release, if the title shows a lien that has been satisfied.
• Valid photo ID for the person applying for the new title and payment for transfer fees and taxes.

Where to file and fees

Title work and issuance occur at the county tax assessor-collector’s office (or an authorized TxDMV county office). Fees include title application fees, local county fees, and motor vehicle sales/use tax when a taxable transfer occurs. See TxDMV’s title-transfer page for fee schedules and local office locations: https://www.txdmv.gov/motorists/register-your-vehicle/ownership/title-transfer.

Statutory references (Texas)

• Texas Estates Code, Chapter 205 — Disposition of Personal Property Without Administration (small-estate affidavits and related rules): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm.
• Texas Transportation Code, Chapter 501 — Certificate of Title (general statutory authority for vehicle titles): https://statutes.capitol.texas.gov/Docs/TN/htm/TN.501.htm.
• TxDMV title-transfer resources and forms: https://www.txdmv.gov/motorists/register-your-vehicle/ownership/title-transfer.

When to consult an attorney

Consider talking to a probate or estate attorney if any of the following apply:

• Someone contests ownership or the will.
• There are multiple or disputed heirs and no clear agreement about vehicle possession.
• The estate is complex (significant debts, multiple titled assets, business interests, or out-of-state property).
• The county tax office or title company refuses the affidavit you prepared.

Final practical checklist (quick)

1. Find the title and determine how the vehicle was titled (sole, joint, or with lien).
2. Obtain a certified death certificate.
3. Decide whether probate is open or whether a small-estate affidavit is appropriate (check Texas Estates Code Ch. 205).
4. Gather required documents (title, Form 130‑U, Letters, affidavits, lien releases, ID).
5. Visit the county tax assessor-collector office to submit documents, pay fees, and receive the new title.

Helpful Hints

• Call your county tax office before you go. County practices vary and staff can confirm which affidavits and additional documents they require.
• Order multiple certified death certificates — you will likely need them for title, bank, and other transfers.
• If you can locate the decedent’s estate paperwork early (will, trust, or past deeds), do so — those documents clarify the correct route and may save time.
• Keep copies of everything you submit and get receipts for payments and filings at the county office.
• If the vehicle has a lien, obtain a written lien release from the lienholder before attempting to retitle the car.
• If the vehicle’s title is lost, county offices can guide you to the process for applying for a replacement title; bring identification and a death certificate as needed.