What to Do When Someone Dies in Texas
A complete guide to the legal requirements, deadlines, and practical steps for families in Texas.
The First 48 Hours
The hours after a death are overwhelming. Here is what needs to happen right away in Texas:
- Obtain a legal pronouncement of death. If the death occurred at home, call 911 or the hospice provider. A physician, medical examiner, or coroner must officially pronounce the death before anything else can happen.
- Contact a funeral home. You are not required to use the first funeral home you call. Get quotes from at least two providers — prices vary dramatically, and the FTC requires them to share prices over the phone.
- Begin gathering important documents. Look for the will, trust documents, insurance policies, financial account statements, the Social Security card, and military discharge papers (DD-214). Check the home, a safe deposit box, and email.
- Notify immediate family and close friends. Designate one person to handle calls and messages so you can focus on urgent logistics.
- Secure the home and property. If the deceased lived alone, make sure the home is locked and any pets are cared for.
Death Certificates in Texas
You will need certified copies of the death certificate for almost every step of the estate process — banks, insurance companies, government agencies, and the DMV each require their own original.
How many to order
Order 15 to 20 certified copies. This sounds excessive, but you will go through them faster than you expect. Ordering more later means additional delays and fees.
Where to order
In Texas, death certificates are issued by the Texas Department of State Health Services, Vital Statistics. Your funeral home will typically file the initial paperwork and can order copies on your behalf.
Cost and timing
Certified copies cost $20 per certified copy in Texas. Processing typically takes 1-2 weeks. Many processes cannot start until you have certificates in hand, so order early.
Who needs a certified copy:Banks and financial institutions, life insurance companies, the Social Security Administration, the probate court, the DMV, employers, pension administrators, and any institution holding assets in the deceased's name.
Probate in Texas
Filing deadline
4 years from date of death
Small estate option
If the estate is valued under $75,000 in personal property, Texas allows a simplified process: Small Estate Affidavit (Estates Code Chapter 205). This can bypass full probate entirely, saving months of time and thousands in legal fees.
Average duration
Full probate in Texas typically takes 6-12 months. Simplified proceedings are often completed in weeks rather than months.
Community property state
Texas is a community property state. This means most assets acquired during the marriage are owned 50/50 by both spouses. The surviving spouse already owns their half outright — only the deceased's half is part of the estate.
Key Deadlines in Texas
Missing a deadline can create legal liability or cause you to lose benefits. Here are the critical windows to be aware of:
What Most Families in TexasDon't Know
Texas gives you up to 4 years to file a will for probate — one of the most generous windows in the country. But waiting too long can complicate things.
Texas offers an 'Independent Administration' option that allows the executor to act without constant court supervision, saving significant time and legal fees.
As a community property state, the surviving spouse in Texas already owns half of all community assets — only the deceased's half goes through probate.
Texas has a generous homestead exemption that protects the family home from most creditors of the estate.
If the estate is under $75,000 in personal property and there's no will, a Small Estate Affidavit can bypass probate entirely.
Executor Compensation in Texas
5% of amounts received and paid out by the estate (reasonable compensation). Many people don't realize that serving as executor is compensable work. If you've been named as executor, you are entitled to fair pay for the significant time and responsibility involved.
The mistakes that cost families the most
Missing employer life insurance
Many employers provide 1–2x salary as group life insurance. Families never claim it because they didn't know it existed.
Missing the small estate option
Texas allows a simplified process for estates under $75,000. Most families don't know this exists and hire attorneys they don't need.
Overpaying for a funeral
The same service can cost $3,000 at one home and $8,000 at another. The FTC requires funeral homes to share prices over the phone.
Afterlight costs $149. One prevented mistake pays for it 10x over.
Every family's situation is different
Your relationship to the person who passed, whether there's a will, whether there's property — these all change which steps apply to you and in what order.
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