Detailed Answer: How to transfer a deceased parent’s vehicle title to the surviving parent in Texas when you don’t have the original title

Short answer: In Texas you can usually transfer a vehicle that belonged to a deceased parent into the surviving parent’s name without formal probate by using the Texas DMV procedures for transfer after death (which may include an affidavit of heirship) or by obtaining a bonded title or duplicate title, depending on how the vehicle was originally titled and whether the estate is being administered. You will need a certified death certificate, ID, the correct TxDMV forms (commonly the Application for Texas Certificate of Title, Form 130‑U), and either proof of joint ownership, letters testamentary/letters of administration, an affidavit of heirship/small‑estate affidavit, or a bonded title application. Always verify requirements with your county tax office.

Key legal context (Texas)

Texas law and the Texas Department of Motor Vehicles (TxDMV) provide routes to transfer ownership of a vehicle when the owner dies. The exact route depends on whether the car was titled jointly, whether the decedent left a will and whether the estate is being probated, and whether you have the original title.

TxDMV guidance on transfers after death and on bonded titles is the primary practical source for this process; see TxDMV information on transferring a vehicle when the owner is deceased and on bonded titles: https://www.txdmv.gov/motorists/buy-sell-or-transfer-a-vehicle/transfer-vehicle-when-owner-deceased and https://www.txdmv.gov/motorists/buy-sell-or-transfer-a-vehicle/bonded-title. For official forms and instructions, use TxDMV forms (including Form 130‑U, Application for Texas Certificate of Title): https://www.txdmv.gov/motorists/forms.

Step-by-step process

1. Determine how the vehicle was titled.
   • If the title listed both parents as co-owners with right of survivorship (joint owners), the surviving parent likely becomes the sole owner automatically. You will need to present a certified death certificate, the title (if available) or apply for a replacement, and complete Form 130‑U at the county tax office.
   • If the vehicle was titled solely in the deceased parent’s name, you must use one of the available transfer routes: title assignment by the estate’s executor/administrator, an heirship affidavit for small estates, or a bonded title/duplicate title if the title is lost.
2. Get a certified copy of the death certificate. The county tax office will require a certified copy (not a photocopy). Obtain this from the Texas Vital Statistics office or the funeral home.
3. If you have no original title, choose the right path based on your facts:
   • If the estate is being probated: The personal representative (executor/administrator) can sign the assignment to the surviving spouse. Take letters testamentary/letters of administration, the death certificate, completed Form 130‑U, and any applicable fees to the county tax assessor-collector office.
   • If there is no probate and the surviving spouse is the heir: TxDMV allows certain transfers using an affidavit of heirship (or similar affidavit) so long as the statutory conditions are met. This affidavit (often signed by two disinterested witnesses who knew the decedent) establishes who the legal heirs are and permits transfer of personal property like a vehicle without formal probate. Provide the affidavit, certified death certificate, Form 130‑U, ID, and fees to the county tax office. Exact affidavit wording and requirements can vary; check TxDMV guidance and your county.
   • If you cannot obtain a title because it is lost or unavailable: You can either apply for a duplicate title in the deceased person’s name (if someone with authority can apply) or apply for a bonded title. A bonded title helps when you cannot produce the original title and there’s no clear chain of title. Bonded titles require a surety bond equal to 1.5 times the vehicle’s appraised value and meet specific TxDMV requirements.
4. Complete required TxDMV forms and appear at the county tax office.
   • Commonly required items: certified death certificate, Form 130‑U (Application for Texas Certificate of Title), proof of identity for the surviving spouse, the affidavit of heirship or letters testamentary if applicable, any lien release, and payment for title transfer fees and taxes.
   • If you need a bonded title or duplicate title, follow the instructions on the TxDMV website and submit the bond and forms the county requires.
5. Pay title transfer tax and fees, and get the new title issued. After the county processes your paperwork and fees, the new title in the surviving parent’s name will be issued by TxDMV or the county assessor-collector.

Common scenarios and what to expect

• Vehicle was jointly titled: usually the easiest—bring death certificate and ID; you may only need Form 130‑U and the title or an application for duplicate title if the title is missing.
• Vehicle titled only to the deceased; small estate/no probate: the affidavit of heirship or small‑estate affidavit route is often used to avoid probate for lower‑value estates. Check county acceptance rules.
• Original title missing and chain of title unclear: expect to use a bonded title or to open a probate proceeding if creditors or other heirs dispute ownership.

Timeline and likely costs

Processing time varies by county; many transfers are completed at the county office the same day, but bonded title processing and mailed titles take longer. Expect title transfer fees and sales tax (or an exemption if transferring between spouses in certain circumstances). Bonded title costs include the surety bond premium (a percentage of the bond amount), plus regular fees.

When to consult a probate or estate attorney

Talk to an estate attorney if any of these apply: there is a dispute among heirs, the vehicle has a lien, the estate is complex or large, you cannot locate required records, or a title problem is likely to lead to litigation. An attorney can advise whether you should open probate or use an affidavit process.

Practical checklist (what to bring to the county tax office)

• Certified death certificate
• Completed Form 130‑U (Application for Texas Certificate of Title)
• Affidavit of heirship or letters testamentary / administration (if applicable)
• Replacement/duplicate or bonded title paperwork if the original is missing
• Photo ID for the surviving spouse/claimant
• Payment for title fees, taxes, and any bond premium

Helpful Hints

1. Start at the county tax assessor-collector’s office in the county where the vehicle is registered; staff can confirm which documents they accept for your county.
2. Get multiple certified copies of the death certificate—many agencies request originals.
3. If the title is missing, ask the county about the duplicate‑title process (Application for Duplicate Title) and the bonded title process; TxDMV publishes instructions and forms online: https://www.txdmv.gov/motorists/forms and https://www.txdmv.gov/motorists/buy-sell-or-transfer-a-vehicle/bonded-title.
4. If the surviving spouse is the designated beneficiary on a title transfer (for example, some title pages allow “transfer on death” or similar), follow that specific process—these options simplify transfers.
5. When in doubt, consult an attorney for probate questions, disputes between heirs, or complicated title issues.

Important links

• TxDMV — Transfer a vehicle when the owner is deceased: https://www.txdmv.gov/motorists/buy-sell-or-transfer-a-vehicle/transfer-vehicle-when-owner-deceased
• TxDMV — Bonded title information: https://www.txdmv.gov/motorists/buy-sell-or-transfer-a-vehicle/bonded-title
• TxDMV forms directory (Form 130‑U and other title forms): https://www.txdmv.gov/motorists/forms
• Texas statutes and resources: https://statutes.capitol.texas.gov/ (use this to search Texas Estates Code provisions if you need statutory language)

Disclaimer: This article is for general informational purposes only and does not create an attorney‑client relationship. This is not legal advice. Laws and procedures change. For help specific to your situation, contact the Texas county tax assessor‑collector’s office or a licensed Texas attorney.