Detailed Answer
When someone dies owning a vehicle in Texas, you must decide whether that vehicle is part of the probate estate or passed outside probate. Texas law treats transfers differently based on how the title was held at the decedent’s death.
1. Review the Vehicle Title
- Sole Ownership: If the decedent held title alone, the vehicle generally becomes probate estate property. You must include it in the inventory and appraisement under Texas Estates Code § 51.003 (link).
- Joint Ownership with Right of Survivorship: When two owners hold title as joint tenants with right of survivorship, the surviving owner automatically assumes full ownership. The vehicle passes outside probate.
- Transfer on Death (TOD) Designation: Texas Transportation Code § 501.110–.113 allows a vehicle owner to name a beneficiary on the title. After death, the beneficiary must file an affidavit of ownership and a death certificate to retitle the vehicle outside probate (link).
- Trust Ownership: If the decedent placed the vehicle in a valid revocable living trust, the successor trustee distributes it per trust terms, avoiding probate.
2. Determine Applicable Law
Texas Estates Code § 51.003 broadly defines property subject to estate administration: “All property” not otherwise excluded. If no survivorship, TOD designation, or trust applies, the vehicle enters probate.
3. Follow Probate Procedures if Needed
- File an application for probate or for independent administration in the county where the decedent lived.
- Submit an inventory listing the vehicle’s make, model, VIN, and fair market value.
- Use estate assets to pay creditors, then distribute remaining assets per the will or Texas intestacy rules.
Helpful Hints
- Obtain the decedent’s death certificate early—required for most title transfers.
- Check for a TOD designation on the face of the title or request a title history from the county tax office.
- Consult the Texas Department of Transportation for forms: Form VTR-262 (Affidavit of Heirship) or Form VTR-262-A (Affidavit of Motor Vehicle Gift Transfer).
- Keep detailed records of all filings and communications with the county clerk or probate court.
- If the vehicle has lienholders, satisfy outstanding loans before transferring clear title.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for guidance tailored to your situation.