Affidavit Of Motor Vehicle Gift Transfer (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Motor Vehicle Gift Transfer (N/a) is a commonly used form within Texas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Motor Vehicle Gift Transfer (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Motor Vehicle Gift Transfer (N/a):

• This form pertains to the State of Texas

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Texas’s Form Affidavit Of Motor Vehicle Gift Transfer (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Texas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Texas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit Of Motor Vehicle Gift Transfer (N/a), take a break, and then review. Probate and estate settlement processes in TX are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit Of Motor Vehicle Gift Transfer (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Motor Vehicle Gift Transfer (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Texas.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Texas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Texas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Texas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Texas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Texas probate clerk or court for exact answers regarding Form Affidavit Of Motor Vehicle Gift Transfer (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Motor Vehicle Gift Transfer (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some Texas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Texas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of Motor Vehicle Gift Transfer (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Texas probate court office.

Affidavit Of Motor Vehicle Gift Transfer (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Texas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Texas Form Affidavit Of Motor Vehicle Gift Transfer (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

Year Model Make Vehicle Identification Number (VIN) To qualify for the gift tax, a motor vehicle must be received from one of the following eligible parties as defined by Tax Code Section 152.025(a). Check applicable box: Parent/Stepparent or Father/Mother-in-Law Child/Stepchild or Son/Daughter-in-Law Spouse Grandchild/Grandchild-in-law Sibling or Brother/Sister-in-Law Grandparent/Grandparent-in-Law Guardian Decedent’s estate (inherited) Qualified nonprofit IRC Section 501(c)(3), donor or recipient Certain revocable (living) trusts (see Tax Code Section 152.025, donor or recipient) (Vehicle previously held as separate property; see Rule 3.80.) Affidavit of Motor Vehicle Gift Transfer STATE OF TEXAS COUNTY OF ______________________________ Vehicle Information 14-317 (Rev.2-17/7) DO NOT SEND TO THE COMPTROLLER’S OFFICE. A reproduced copy of the non-appearing party’s notarized signature is acceptable. Tax Code Section 152.101 provides a penalty to a person who signs a false state- ment. An offense under this section is a felony of the third degree. (Must be filed in person by recipient or donor. See instructions.) Name Mailing address City State ZIP code Phone (area code and number) I hereby certify that all statements in this document are true and correct to the best of my knowledge and belief. This motor vehicle is being transferred without consideration, including no assumption of debt. SEAL or STAMP SIGNATURE OF DONOR / EXECUTOR sign here SWORN TO and SUBSCRIBED before me on this the day of A.D. . NOTARY PUBLIC FOR THE STATE OF ______________________________ OR AUTHORIZED EMPLOYEE OF THE TAX ASSESSOR-COLLECTOR’S OFFICE sign here Name Mailing address City State ZIP code Phone (area code and number) I hereby certify that all statements in this document are true and correct to the best of my knowledge and belief. This motor vehicle is being transferred without consideration, including no assumption of debt. SEAL or STAMP SIGNATURE OF DONOR sign here SWORN TO and SUBSCRIBED before me on this the day of A.D. . NOTARY PUBLIC FOR THE STATE OF ______________________________ OR AUTHORIZED EMPLOYEE OF THE TAX ASSESSOR-COLLECTOR’S OFFICE sign here Donor CertificationDonor Certification (if multiple donors) Name Mailing address City State ZIP code Phone (area code and number) I hereby certify that all statements in this document are true and correct to the best of my knowledge and belief. This motor vehicle is being transferred without consideration, including no assumption of debt. SEAL or STAMP SIGNATURE OF RECIPIENT sign here SWORN TO and SUBSCRIBED before me on this the day of A.D. . NOTARY PUBLIC FOR THE STATE OF ______________________________ OR AUTHORIZED EMPLOYEE OF THE TAX ASSESSOR-COLLECTOR’S OFFICE sign here Name Mailing address City State ZIP code Phone (area code and number) I hereby certify that all statements in this document are true and correct to the best of my knowledge and belief. This motor vehicle is being transferred without consideration, including no assumption of debt. SEAL or STAMP SIGNATURE OF RECIPIENT sign here SWORN TO and SUBSCRIBED before me on this the day of A.D. . NOTARY PUBLIC FOR THE STATE OF ______________________________ OR AUTHORIZED EMPLOYEE OF THE TAX ASSESSOR-COLLECTOR’S OFFICE sign here Recipient CertificationRecipient Certification (if multiple recipients) Form 14-317 (Back)(Rev.2-17/7) Instructions for Filing Form 14-317, Affidavit of Motor Vehicle Gift Transfer The purpose of this affidavit is to document the gift of a motor vehicle to an eligible recipient as required by Texas Tax Code Section 152.062, Required Statements. What is a gift? A gift is the transfer of a motor vehicle between eligible parties for no consideration. Consideration includes anything given as payment such as cash, the assumption of a lien or other debt, payment for providing services or labor, or an exchange of real or tangible personal property. A motor vehicle received as a gift from an eligible donor located out of state is subject to the $10 gift tax when the motor vehicle is brought into Texas. Eligible Gifts To qualify for the $10 gift tax rate, a motor vehicle must be received from one of the following eligible parties: • spouse (separate property only; vehicles held as community property are not subject to the tax); • parent/stepparent; father/mother-in-law; • grandparent/grandparent-in-law or grandchild/grandchild-in-law; • child/stepchild; son/daughter-in-law; • sibling/brother-in-law/sister-in-law; • guardian; • decedent’s estate (inherited/willed or through an Affidavit of Heirship for a Motor Vehicle); • nonprofit service organization qualifying under Internal Revenue Code (IRC) Section 501(c)(3), (gift tax applies when the 501(c)(3) organization is the donor or the recipient); or • certain revocable (living) trusts, typically used in estate planning, described in Tax Code Section 152.025. A motor vehicle transfer made without payment or consideration to an ineligible party is defined as a sale and subject to Standard Pre- sumptive Value (SPV) procedures. See Texas Tax Code Section 152.0412, Standard Presumptive Value; Use By Tax Assessor-Collector, and Rule 3.79, Standard Presumptive Value. A motor vehicle excluded from SPV is subject to tax based on its appraised value, as provided by Rule 3.80, Motor Vehicles Transferred as a Gift or for No Consideration. Who Must File This affidavit must be submitted in person by either the donor or the recipient, with valid photo identification, to the county tax assessor- collector (TAC). If the vehicle is received as part of an inheritance, either the recipient or the person authorized to act on behalf of the estate (donor) must file the form in person with the TAC with valid photo identification, along with any documents required by the Texas Department of Motor Vehicles (TxDMV) for titling purposes. When and Where to File This affidavit must be filed with the TAC of the county in which the Application for Texas Title (Form 130-U) is submitted. This affidavit must be accompanied by any required application fee, supporting documents, registration fee (if applicable) and any motor vehicle tax due. Do not send the affidavit to the Comptroller of Public Accounts. Documentation Required To be valid, this affidavit must be properly completed and contain the signatures of all principal parties to the transaction, sworn to and subscribed in front of one of these individuals: • a notary public of Texas or the equivalent from another state or jurisdiction; or • a TAC or an employee of the TAC, pursuant to Government Code Section 602.002. The party or parties whose signature is being acknowledged by the TAC or an employee of the TAC must do the following: • be present and sign the affidavit in front of the TAC or an employee of the TAC; or • have a signed power of attorney from any absent party or the signature of the absent party, notarized by a notary public of Texas or the equivalent from another state or jurisdiction. The absent party’s notarized signature may be reproduced (scanned or printed) or faxed. A motor vehicle title service may not file this affidavit. If the gift transfer is the result of an inheritance, the executor should sign the gift affidavit as “donor.” Either the recipient (heir) or the person authorized to act on behalf of the estate (donor) must file this affidavit in person with valid photo identification with the TAC, along with any documents required by TxDMV for titling purposes (for example, letters testamentary, letters of administration or TxDMV Form VTR-262, Affidavit of Heirship for a Motor Vehicle). If the transfer is completed using an Affidavit of Heirship for a Motor Vehicle, only one heir is required to sign this affidavit as donor. When there are multiple donors or recipients signing, additional copies of this form should be used to document signatures and notary acknowledgements. Identification Required The person filing this affidavit must present one of the forms of identification listed below to the TAC at the time of filing. The identifica- tion provided must bear the name and photograph of the person filing the affidavit and must be unexpired. The following forms of identification are acceptable: • a driver’s license or personal identification card issued by this state or another state of the United States; • an original passport issued by the United States or a foreign country; • an identification card or similar form of identification issued by the Texas Department of Criminal Justice; • a United States military identification card; or • an identification card or document issued by the U.S. Department of Homeland Security or the U.S. Citizenship and Immigration Services agency. Questions If you have questions or need more information, contact the Comptroller’s office at 1-800-252-1382 or at www.comptroller.texas.gov/taxes/. Rule 3.80, Motor Vehicles Transferred as a Gift or for No Consideration, explains the law and its provisions and is available on the Comptroller’s website at www.comptroller.texas.gov. You have certain rights under Chapters 552 and 559, Government Code, to review, request and correct information we have on file about you. Contact us at 1-800-252-1382 or at www.comptroller.texas.gov/taxes/.