[TX] Can I transfer a car title with a Small Estate Affidavit?
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The heirs have to sign it and then assign the interest to you. So the title goes from the deceased to them with the small estate affidavit. Then they can give it to or sell it to you—whatever you all agreed to. Where it is notarized isn’t a problem. But you not being a blood heir is not going to work.
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Hi, I just filled out a small estate affidavit on eForms. This is a little complicated, but my brother-in-law passed away in Culberson County, Texas back on February 14th, 2024. His two sons, the heirs, said that they do not want his pickup truck and trailer, but are letting me take over payments on them so that I can buy them outright and own them both. However, this form says they are the heirs and that I need to sign this in Texas. I live in MN. What to do?
I’m sorry to hear about the passing of your brother-in-law. Have you consulted with an estate lawyer in Texas regarding this small estate affidavit?
Yes, but it’s too much money.
Are you looking to transfer ownership of the pickup truck and trailer from your brother-in-law’s sons to yourself legally?
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with transferring ownership of the pickup truck and trailer.
I’d like to know if I can fill this small estate affidavit out in Minnesota where I live, even though my brother-in-law, Daniel Hamilton, passed away in Texas. But his truck and trailer are here with me.
Hello! My name is Stephen, and I am an attorney ready to answer your questions with top-quality service.
Just a few quick things before we get started: I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly; I will respond as quickly as I can, but there may be an occasional delay. Thank you for understanding.
Sounds good, Stephen.
The heirs have to sign it and then assign the interest to you. So the title goes from the deceased to them with the small estate affidavit. Then they can give it to or sell it to you—whatever you all agreed to. Where it is notarized isn’t a problem. But you not being a blood heir is not going to work.
All heirs will sign the Small Estate Affidavit (or someone with legal authority will sign on their behalf). (Some courts will not approve an SEA if any of the heirs are minors. Talk with a lawyer if any of the decedent’s heirs are minors.)
So the kids need to sign it sadly.
Do I still use the small estate affidavit that I filled out on eForms? Can you see it?
The one on there is fine.
If that is all there is, yes, this is still a small estate, but you need the heirs. You need to transfer it to them and then to you. You can try to bypass them by using the affidavit. The DMV should allow it.
Ok, thanks for the great help. The kids will sign this eForm small estate affidavit, and that is fine, and they are adults. However, how exactly do I get the two heirs to transfer their right of heirship to me? Or to my wife?
Also, who do I turn the small estate affidavit into? The MN courts where I live..?
They can’t. They can transfer the title. So it’s a bit like follow the bouncing ball. It goes to the kids, then to you.
The kids can sign it over to you directly with the small estate affidavit. The DMV and local county courthouse need it, mostly the DMV.
The court will get a copy too. There is a filing fee that varies by county.
Oh, I think I see what you mean. The small estate affidavit gets the titles of the truck and trailer into the heirs’ (the kids’) hands. Then they can get it to me. However, one last question about the operation… once I have this small estate affidavit signed by the heirs, can I turn it into a local court in Minnesota to get it “verified”?
No. It has to be Texas. You can mail it.
MN has nothing to do with it if the deceased did not pass there. Totally separate.
I see. The SEA MUST be done through Texas because the deceased died there. So I fill out the SEA completely and then file it with the court down there in Texas. I think I understand. Then the heirs can get the titles and sign them over to me in the end.
Correct. File it, keep a copy, and use that with the DMV. That allows the title transfer.
The titles go: deceased, to the heirs, then to you. Or, just to you if they sign it as the heirs under the affidavit. Could save a step.
Did you have any other questions or concerns? Do you need any clarification on what we have discussed?
Almost done, I think! It is making sense but one more question if OK. The trailer is really tough to get because it is not paid for outright. And the loan officers who own the trailer will not talk to anyone unless they have a small estate affidavit signed. So, I think I need the affidavit to actually say that I can own the truck and trailer outright, like you said, to skip a step. But I didn’t see a place for this on the affidavit on eForms.
That’s fine. You can indicate it. The lender is their own beast. So their hoops are their own. You can make an attachment. So say “see attached” and type up a Word document.
Ah, ok, I think I get it. We will type up an attachment, turn it in with the SEA, which says that the two heirs are giving right of heirship to me. Even though I am not a blood relative. But as long as they sign it we should be good, right? As long as we follow the guidelines. That would be great to skip the steps of the titles going to them first.
That traces it. The lender should be able to work with that. Then it’s just the legwork of retitling.
One last thing, the eForm for Texas is pretty clear that it must be signed before a Texas notary. So, for me to have this notarized in MN I don’t think would work. But you said it could work to have this Texas SEA notarized in MN. How?
The kids need to sign it, so where are they? You’re not signing it.
But an heir can sign it in any state. The state of the notary is immaterial. All a notary does is affirm the signature. They don’t read or know the document’s contents.
Kids are scattered across multiple states.
Then you’ll need two different states anyway.
So they each sign it and get their individual signatures notarized.
Wow. Ok, I think I get it. More unknowns still linger a bit, but if I can somehow get the SEA filled out and notarized by the two heirs, and a separate document saying they are giving rights of ownership to the truck and trailer, we should be good to work with the lender and the DMV. I think I got it.
It’s a process. There’s no rush. This will normally take 60–90 days.
It’s still better than 12–18 months of probate.
Wow. Ok, incredible. Well, thanks for all the great help here. I think I have a general direction to go with to make this happen.
My pleasure. I hope I was able to answer your question. Thank you very much. Take care now.
You too! Have a great rest of the day, Stephen.
Thanks!
