Kingwood, TX asked in Estate Planning and Probate for Texas

Q: Texas intestate

My step uncle passed away recently without a will. My step dad is the only living family left. The only thing my uncle had to his name is a car worth about $1500 and there is a utility deposit check coming for $118. How do we go about transferring the car title and be able to cash the check without the need for an attorney? My dad is very income challenged as well.

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3 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Use a DMV Affidavit of Heirship for the car.

Mr. Troy Michael Moore
Mr. Troy Michael Moore
Answered
  • Estate Planning Lawyer
  • Houston, TX
  • Licensed in Texas

A: Look up for the form for an Affidavit of Heirship. Your local County Clerk should be able to point you in the right direction if you can't find it on your own.

Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: The Department of Motor Vehicles has a form specifically for this. All heirs will sign off that the information is true, you will have to present a death certificate and the original title (if possible).

You may be able to do something similar with the utility check. There is also a procedure for "recording" an Affidavit of Heirship in the County Deed Records where he lived; you would then present it to anyone you are claiming funds from.

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