Houston, TX asked in Probate for Texas

Q: I live in Fort Bend County, Texas. My husband passed away 5/30/21.

I have a notarized Texas Last Will and Testament. I am designated the Personal Representative. I am the only beneficiary. The only property are three vehicles. Vehicle #1 is fully paid with a joint title of myself and my husband. Vehicles #2 and #3 are still being paid for and are only in my husband’s name. I want to transfer the titles over to my name. Do I have to get a probate attorney? There are no other assets or property.

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1 Lawyer Answer
Paul Premack
Paul Premack
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If there are no liens on any of the vehicles, you can transfer title using the state's "Affidavit of Heirship to a Motor Vehicle" document. It is free, can be downloaded at https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf

Follow the instructions on the back of the form (there are other forms you will need, like the odometer statement and title application). There will be a small fee for the new titles. No, you do not need a probate attorney for this.

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