What Happens If Two People Own a Car And One Dies in Texas

When one of two owners listed on a Texas vehicle title dies, the transfer of ownership depends on whether the owners established a rights-of-survivorship agreement, probated the deceased owner's estate, or designated a beneficiary under state law. Texas recognizes multiple pathways for title transfer following the death of a co-owner, and the surviving owner or estate representatives must complete the transfer through the appropriate county tax assessor-collector's office to update the official title record.

Determine How the Names Appear on the Texas Car Title

Ownership rights of a jointly titled vehicle in Texas are determined by whether the co-owners executed a formal rights of survivorship agreement or whether the vehicle is titled without survivorship provisions. Under Transportation Code Section 501.031, a rights of survivorship agreement must be documented and acknowledged by all parties.

If the Title Shows Survivorship Language

When two or more owners have completed and filed a Rights of Survivorship Ownership Agreement for a Motor Vehicle (VTR-122), the vehicle is owned jointly with survivorship rights. Upon the death of one owner, the surviving owner automatically becomes the sole owner by operation of law. This agreement transfers ownership directly to the surviving owner without requiring probate. The surviving owner does not need to establish that the vehicle was in the deceased's name, nor does the vehicle need to pass through the estate before being transferred to the survivor. The ownership transfer occurs at the moment of death, and the surviving owner may obtain a new title by presenting a copy of the deceased owner's death certificate.

If the Title Does Not Show Survivorship Language

If the vehicle title does not contain a survivorship agreement, the ownership of a jointly titled vehicle in Texas is treated as distinct ownership interests. Upon the death of a co-owner, the deceased's share does not automatically pass to the surviving co-owner. Instead, the deceased owner's interest in the vehicle becomes part of the deceased's estate. The surviving co-owner continues to own only their original share. In this scenario, the title must be corrected to reflect the estate's interest or the interest of the person who lawfully receives the vehicle through estate administration or heirship procedures.

Texas Car Title Rules After One Owner Dies

Under Transportation Code Section 501.031, when ownership transfer occurs following a co-owner's death, the new title must be obtained by submitting an Application for Texas Title (Form 130-U), supporting documents evidencing authority to transfer, and a copy of the death certificate to the county tax assessor-collector. The Texas Department of Motor Vehicles requires that the death certificate document the date and location of the owner's death. After a title transfer is processed, the new owner's name must appear on the certificate of title, and registration records must reflect the current legal ownership.

Title transfer procedures differ depending on whether the vehicle was titled with survivorship rights or without. A vehicle titled with survivorship language requires only submission of the death certificate and a new title application from the surviving owner. A vehicle without survivorship provisions requires either probate documentation (if the estate was administered through probate) or an Affidavit of Heirship (VTR-262) (if the estate was not probated and no administration is necessary).

Does a Car Go Through Probate in Texas if One Owner Dies?

Not necessarily. The need for probate depends on how the vehicle title was established and the deceased owner's estate status.

When the vehicle is titled with a rights-of-survivorship agreement, it does not pass through the deceased owner's probate estate. The surviving owner acquires the vehicle by operation of law upon the co-owner's death, without any court involvement. The surviving owner may apply for a new title by submitting the application, death certificate, and current title to the county tax assessor-collector.

When the vehicle is jointly titled without a survivorship agreement, the deceased owner's share becomes part of the deceased's estate. The course of title transfer then depends on whether that estate is subject to probate administration.

If the estate goes through probate court, an executor or administrator is appointed and receives Letters Testamentary or Letters of Administration from the court. The executor or administrator may then apply for a new title by submitting the probate documents, along with the current title and new title application, to the county tax assessor-collector.

If the estate is not probated and no administration is necessary, a simpler procedure applies. The heirs at law or designated beneficiaries may apply for title using the Affidavit of Heirship for a Motor Vehicle (VTR-262)](https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf), which documents that the deceased left no will (or left a will but no probate was filed) and that no administration is necessary. The affidavit must be completed, notarized, and submitted with the title application.

Texas law also permits a sole or joint owner to designate a beneficiary who will receive the vehicle upon the owner's death without probate or heirship procedures. If an owner completes the Beneficiary Designation for a Motor Vehicle (VTR-121) form and files it with the Department of Motor Vehicles, the designated beneficiary may claim ownership after the owner's death by submitting the designation form, a copy of the death certificate, and a new title application to the county tax assessor-collector. The beneficiary has 180 days from the date of the owner's death to apply for the new title.

How To Transfer a Car Title in Texas After a Co-Owner Dies

Title transfer procedures are handled through county tax assessor-collector offices, which are the official representatives of the Texas Department of Motor Vehicles for motor vehicle title and registration services throughout the state.

General Process

1. Obtain a certified copy of the deceased owner's death certificate from the vital statistics office in the county where the death occurred.
2. Locate the current certificate of title for the vehicle, if available.
3. Determine whether the title includes a survivorship agreement, whether a beneficiary was designated, whether the estate was probated, or whether the vehicle will be transferred through heirship procedures.
4. If survivorship rights exist, complete the Application for Texas Title and Registration (Form-130-U) (Form 130-U) in the name of the surviving owner. Gather the death certificate and current title.
5. If a beneficiary was designated, complete the Application for Texas Title and Registration (Form-130-U) in the beneficiary's name, along with a copy of the Beneficiary Designation Form (VTR-121) and the death certificate.
6. If the estate was probated, obtain a certified copy of the Letters Testamentary or Letters of Administration from the probate court. Complete the Application for Texas Title and Registration (Form 130-U) in the name of the executor, administrator, or estate heir who will receive the vehicle.
7. If the estate was not probated and no administration is necessary, complete the Affidavit of Heirship for a Motor Vehicle (Form VTR-262) . All heirs must sign the affidavit before a notary public. If there is a surviving spouse, the spouse is the only party required to sign unless there are surviving children, in which case the children must also sign. If there is no surviving spouse, all surviving children must sign as affiants.
8. Complete the Application for Texas Title and Registration (Form 130-U) in the name of the person to whom title is being transferred.
9. If the vehicle has an active loan or lien, provide evidence that any lien has been satisfied, or ensure that the lienholder's information matches the information shown on the current title.
10. Submit all completed documents, the application fee, any applicable tax, current proof of vehicle insurance (if applying for registration), and proof of current vehicle inspection (if required) to the county tax assessor-collector.

Applicable Fees

Title transfer fees in Texas are set by county tax assessor-collector offices and vary by county. The following table presents typical fees that apply in most Texas counties:

Vehicle registration fees, if applicable, range from $23 to $105 for passenger cars and pickup trucks, depending on the vehicle's value and the county. The Texas Comptroller of Public Accounts administers motor vehicle tax; contact the county tax assessor-collector office for exact tax calculations if applicable.

Title fees are not charged when a vehicle is transferred from a decedent's estate to a distributee as defined in the Texas Estates Code, or when transferred under a rights of survivorship agreement on or after September 1, 2025, per Texas Tax Code Section 152.094.

Surviving Spouse

Texas law does not provide a separate or expedited title transfer procedure specifically for surviving spouses. However, if a surviving spouse is an heir or designated beneficiary, the spouse may apply for title under the same procedures available to other heirs or beneficiaries. The surviving spouse does not have a deadline shorter than 30 days to apply for a new title, but the application should be made promptly to avoid late filing penalties.

Documents Needed to Transfer a Texas Car Title After Death

The exact documents required depend on how the vehicle title is established and whether the deceased owner's estate was probated. In all cases, the applicant must provide government-issued photo identification and submit documents to the county tax assessor-collector in the county where the applicant resides or where the vehicle is located.

Common Documents

For all transfers:

• Certified or original copy of the death certificate
• Current certificate of title for the vehicle, if available
• Application for Texas Title and Registration (Form 130-U), completed and signed by the person to whom the vehicle is being transferred
• Applicant's government-issued photo identification
• Proof of current vehicle liability insurance (required if applying for registration)
• Proof of current Texas vehicle inspection or emissions certification, if applicable
• County tax assessor-collector fees and any applicable motor vehicle tax

If the estate was probated:

• Original or certified copy of Letters Testamentary or Letters of Administration issued by the probate court
• Court order confirming that the vehicle is part of the estate

If the estate was not probated and no administration was necessary:

• Completed Affidavit of Heirship for a Motor Vehicle (Form VTR-262), with all required heirs' signatures notarized
• Original or certified copy of any court document stating that no administration of the will is necessary
• Applicable portions of the will indicating heirs

If the vehicle is titled with a rights of survivorship agreement:

• The Rights of Survivorship Ownership Agreement for a Motor Vehicle (Form VTR-122), if it was retained (if a survivorship remark appears on the title, the form is not required)

If a beneficiary was designated:

• Beneficiary Designation for a Motor Vehicle (Form VTR-121)

If there is a lien on the vehicle:

• Release of Lien or evidence that any recorded lien has been satisfied

If the vehicle is being transferred as a gift among eligible parties:

• Affidavit of Motor Vehicle Gift Transfer (Form 14-317) (required if the transferee received the vehicle as a gift from an eligible donor, such as a spouse, parent, child, sibling, grandparent, or grandchild; a $10 gift tax is due)

What if There Is a Loan on the Car?

If the vehicle has an outstanding loan or recorded lien at the time of the owner's death, the lien must be addressed before the title can be transferred to a new owner. The lienholder's name and lien date appear on the current certificate of title.

If the loan is paid in full, a Release of Lien document from the lienholder must be provided with the title application. This releases the lienholder's interest in the vehicle.

If the loan is not paid in full, the surviving owner or estate representative may continue making payments on the loan and maintain the vehicle in their name with the lienholder's name appearing on the title. The lienholder does not have the right to claim the vehicle upon the owner's death; the vehicle passes according to the survivorship agreement, beneficiary designation, or heirship laws described above. The title application must clearly identify the lienholder and any existing lien so the lien information can be transferred to the new title.

If a lien is recorded on the title at the time of transfer from a decedent's estate to a distributee, or under a rights of survivorship agreement, no motor vehicle tax is due on that transfer.

Contact Information

Texas Department of Motor Vehicles
4000 Jackson Avenue, Austin, TX 78731
Phone: (512) 465-3000 or 1-888-368-4689
Official Website: Texas Department of Motor Vehicles