What to Do When Someone Dies in Texas: A Complete Guide
What to Do When Someone Dies in Texas: A Complete Guide
When someone dies in Texas, your first actions are: confirm the death with a medical professional, contact a funeral home, and locate any will or estate plan. This guide walks you through each required step in order, with specific Texas statutes, deadlines, and fees so you know exactly what to do and when.
The First 24 to 48 Hours
The hours right after a death involve time-sensitive steps under Texas law.
Confirm the death. If the death happens at home and the person was under hospice care, the hospice nurse will pronounce death and handle the medical certification. If the death was unexpected, call 911. Law enforcement and a justice of the peace (or medical examiner in counties with populations over 2.5 million) will respond.
Contact a funeral home. The funeral director initiates the death certificate through the TxEVER (Texas Electronic Vital Events Registrar) system. They coordinate with the physician or medical examiner, handle body transport, and apply for the burial-transit permit. No disposition of the body can occur without a permit.
Note the 48-hour cremation rule. Texas law requires a 48-hour waiting period after death before cremation can proceed (Tex. Health & Safety Code § 716.004). The justice of the peace or medical examiner must also authorize the cremation. If you are planning cremation, the funeral home cannot proceed until both conditions are met.
Locate key documents now. Before you contact banks or courts, find these:
- The will (the original, not a copy)
- Any trust documents
- Life insurance policies
- Durable Power of Attorney (now void upon death)
- Medical Power of Attorney (now void upon death)
- Directive to Physicians (living will)
- Property deeds, vehicle titles, and financial account statements
Do not spend money from the deceased's accounts. Until a court appoints someone to manage the estate, no one has legal authority over individually held accounts. Joint accounts with right of survivorship remain accessible to the surviving owner.
Getting Death Certificates in Texas
Order 8 to 12 certified copies. Banks, insurance companies, brokerage firms, TxDMV, and the probate court each require their own certified original. Photocopies are not accepted. See the full guide to death certificates in Texas for detailed ordering instructions.
Fees: $20 for the first certified copy, $3 each additional from DSHS. In-person at DSHS Austin is same-day; online orders take 20 to 25 business days. Order all copies at once to save money and time.
Notifying Agencies and Canceling Accounts
Work through this list systematically. Each agency has its own process.
Social Security Administration. Call 1-800-772-1213. The funeral home typically reports the death, but call to confirm. If the deceased received benefits, the payment for the month of death must be returned. Ask about the $255 lump-sum death payment (apply via Form SSA-8 within 2 years of death). Ask about survivor benefits: a surviving spouse may receive up to 100% of the deceased's benefit at full retirement age; eligible children may receive 75%.
WEP/GPO elimination for Texas public employees. If the deceased received a pension from a system like TRS or ERS, the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) were eliminated on January 5, 2025 (Social Security Fairness Act of 2023). Surviving spouses of Texas public employees are now eligible for full Social Security survivor benefits. Contact SSA to ensure the correct amount is calculated.
Banks and financial accounts.
- Joint accounts with right of survivorship: the surviving owner has immediate access. Bring a certified death certificate to the bank.
- Payable-on-death (POD) accounts: pass directly to the named beneficiary under Tex. Est. Code Ch. 113. Bring a death certificate and valid ID.
- Transfer-on-death (TOD) accounts and securities: pass to beneficiaries by operation of law.
- Individual accounts without POD or TOD: you need Letters Testamentary or Letters of Administration from the probate court before the bank will release funds.
Retirement accounts and life insurance. These pass directly to named beneficiaries. Contact the plan administrator or insurance company with a certified death certificate and a completed beneficiary claim form.
Vehicles. A surviving spouse inheriting a community property vehicle can use Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) to transfer title. For other transfers, you may need Letters Testamentary plus the title.
Real property. Texas recognizes transfer-on-death deeds (Tex. Est. Code Ch. 114). If the deceased filed a TOD deed, the property transfers outside probate when the death certificate is recorded. If no TOD deed exists, the property must go through probate.
Utilities, subscriptions, and credit cards. Cancel subscriptions. For credit cards in the deceased's name only, the estate is responsible. Notify each issuer in writing with a death certificate.
Texas unclaimed property. Check the Texas Comptroller's database at comptroller.texas.gov/up for any accounts you cannot locate.
Probate in Texas: What You Need to Know
Probate is the legal process for transferring assets held in the deceased's name alone. Texas has one of the most executor-friendly probate systems in the country, with independent administration as the default when a will provides for it. For a detailed walkthrough, see how probate works in Texas.
What goes through probate. Only assets titled solely in the deceased's name with no beneficiary designation. The following assets skip probate entirely:
- Joint accounts with right of survivorship
- POD bank accounts (Tex. Est. Code Ch. 113)
- TOD deeds (Tex. Est. Code Ch. 114)
- Retirement accounts with named beneficiaries
- Life insurance with named beneficiaries
- Property held in a revocable living trust
- Community property with right of survivorship agreements
Four probate paths in Texas:
Small estate affidavit (Tex. Est. Code Ch. 205): No will, estate $75,000 or less (excluding homestead and exempt property), 30+ days after death. Two disinterested witnesses required. Filing fee approximately $360. Avoids formal probate entirely.
Muniment of title (Tex. Est. Code Ch. 257): Valid will exists, no unpaid unsecured debts. No personal representative appointed. The will serves as direct evidence of title transfer. Must file within 4 years of death. Timeline: 4 to 8 weeks.
Independent administration (Tex. Est. Code Ch. 401): Most common path. Minimal court supervision. The will names an independent executor, or all heirs agree. Inventory due within 90 days (Tex. Est. Code § 309.051).
Dependent administration: Full court supervision. Court must approve sales, payments, and distributions. Bond required. Applies when independent administration is not available.
Filing deadline. A will must be filed for probate within 4 years of the date of death (Tex. Est. Code § 256.003). After 4 years, the will can still be admitted as a muniment of title in limited circumstances, but standard probate is barred.
Filing fees. Approximately $223 in local fees plus $137 in state fees, totaling roughly $360. Fees vary by county.
For more detail on executor duties in Texas, see the full executor guide.
Community Property: A Texas-Specific Issue
Texas is one of nine community property states. This directly affects who owns what after a death.
The rule. Property acquired by either spouse during the marriage is community property, owned equally by both spouses (Tex. Fam. Code § 3.002). Property owned before marriage, or received by gift or inheritance during marriage, is separate property. The surviving spouse already owns their half of the community property. Only the deceased spouse's half is part of the probate estate.
Intestate community property (Tex. Est. Code § 201.003):
- If all children are also children of the surviving spouse: the surviving spouse keeps all community property.
- If any children are not children of the surviving spouse: the deceased's half passes to the deceased's children.
The 120-hour survival rule. An heir must survive the deceased by at least 120 hours (5 days) to inherit under Texas intestacy law (Tex. Est. Code § 121.052).
Community property step-up. Under IRC § 1014, both halves of community property get a step-up in basis when one spouse dies - a significant tax advantage over common-law states. See estate and inheritance tax in Texas for details.
Texas Has No State Estate or Inheritance Tax
Texas does not impose a state estate tax or a state inheritance tax. The former state estate tax under Tax Code Ch. 211 was a "pick-up" tax linked to the federal credit for state death taxes, which was phased out by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). Since the federal credit was eliminated, the Texas tax has been zero.
Federal estate tax still applies. For deaths in 2026, the federal estate tax exemption is $15,000,000 per person (One Big Beautiful Bill Act, P.L. 119-21, signed July 4, 2025). The top rate is 40%. The filing form is Form 706, due 9 months after death. Most Texas estates will not owe federal estate tax.
No state income tax. Texas has no state income tax, so there is no state income tax return to file for the deceased. You still must file a final federal Form 1040 for the year of death and a federal Form 1041 if the estate generates more than $600 in income after death.
For complete details, see estate and inheritance tax in Texas.
Medicaid Estate Recovery (MERP) in Texas
If the deceased received Texas Medicaid (managed by the Texas Health and Human Services Commission, HHSC), the state may file a claim against the estate to recover what it paid for certain services.
How it works. Medicaid estate recovery claims are classified as Class 7 claims under the Texas probate priority system. The estate pays debts in this order:
| Priority | Category |
|---|---|
| Class 1 | Funeral expenses and last illness expenses (up to $15,000 combined) |
| Class 2 | Administration expenses |
| Class 3 | Secured claims |
| Class 4 | Child support arrearages |
| Class 5 | State and federal taxes |
| Class 6 | Cost of confinement |
| Class 7 | Claims for repayment of Medicaid |
| Class 8 | General unsecured creditors |
Hardship exemption. If the homestead is worth less than $100,000 and recovery would cause undue hardship, families can apply for a hardship waiver from HHSC. This waiver must be requested; it is not automatic.
When recovery is deferred:
- A surviving spouse is living in the homestead
- A child under 21 survives the deceased
- A blind or disabled child survives the deceased
If the deceased received Medicaid benefits, consult an elder law attorney before distributing any estate assets.
Ongoing Tasks Timeline
After the immediate steps, here is the sequence of tasks over the following weeks and months:
| Timeframe | Task |
|---|---|
| First 24-48 hours | Confirm death, contact funeral home, call 911 if unexpected, notify immediate family |
| First week | Order 8-12 death certificates, secure the home, locate will and financial documents, notify SSA |
| Weeks 2-4 | File for probate (if needed), notify banks and creditors, apply for life insurance and survivor benefits |
| 30+ days | File small estate affidavit (if applicable, must wait 30 days) |
| Within 90 days | File estate inventory with court (independent administration) |
| Within 4 months | Publish notice to creditors, begin paying valid claims |
| 9 months | Federal estate tax return due (if applicable, Form 706, estates over $15M) |
| April 15 following year | Final federal income tax return (Form 1040), estate income tax (Form 1041 if applicable) |
| Within 4 years | Deadline to file will for probate (Tex. Est. Code § 256.003) |
Frequently Asked Questions
How long does probate take in Texas? A muniment of title can be completed in 4 to 8 weeks. Independent administration typically takes 6 to 12 months. Dependent administration with court supervision can take 12 to 24 months or longer. The probate path you qualify for determines the timeline.
Does Texas have a state estate tax? No. Texas does not have a state estate tax or a state inheritance tax. The only estate tax that may apply is the federal estate tax, which has a $15,000,000 exemption in 2026 (P.L. 119-21).
What if the deceased had no will in Texas? Dying without a will is called dying intestate. Texas intestacy law (Tex. Est. Code Ch. 201) determines who inherits. The distribution depends on whether the deceased was married, had children, and whether assets are community or separate property. The estate still goes through probate, and the court appoints an administrator.
What is the $255 Social Security death benefit? It is a one-time lump-sum payment of $255, payable to the surviving spouse who was living in the same household, or to a dependent child who was already receiving benefits. Apply using Form SSA-8. You have 2 years from the date of death to apply. It is not automatic. Call 1-800-772-1213 or visit a local Social Security office.
Can I avoid probate entirely in Texas? Yes, if the deceased's assets all have beneficiary designations, are held jointly with right of survivorship, are in a trust, or are covered by TOD deeds. If the only probate asset is a will with no unpaid unsecured debts, muniment of title is a fast alternative to full probate.
What to Do Next
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
This guide was researched using Texas statutes current as of April 2026. Laws change. For complex estates, contested probates, or community property disputes, consult a Texas-licensed attorney.
Sources: Tex. Est. Code (Texas Estates Code); Tex. Fam. Code § 3.002 (Community Property); Tex. Health & Safety Code § 716.004 (Cremation 48-Hour Wait); Tex. Tax Code Ch. 211 (repealed state estate tax); dshs.texas.gov; ssa.gov; comptroller.texas.gov