What to Do When Someone Dies in Texas
When a loved one passes away in Texas, there are important legal and financial steps to take. As a community property state, Texas has specific rules about how marital property is divided. Texas also offers several simplified probate options including independent administration.
Small Estate Threshold
$75,000
Probate Timeline
4-12 months
Death Certificate
$20 per copy
Order From
Texas DSHS Vital Statistics
State Estate Tax
NoInheritance Tax
NoProperty Type
Community PropertyUnique to Texas
Texas offers independent administration (minimal court supervision) and muniment of title (no administration needed for wills)
Get the death certificate in Texas
In Texas, the funeral home files the death certificate with Texas DSHS Vital Statistics. Certified copies cost $20 each. You can order from the county clerk where the death occurred or from the state. Request 10-15 certified copies.
- Funeral home files with local registrar within 10 days
- Request certified copies from county clerk ($20 each)
- Order from Texas DSHS for statewide records
- Order online through Texas.gov or VitalChek
Understand Texas probate
Texas probate is handled by constitutional county courts or statutory probate courts. Texas offers several options: independent administration (minimal court oversight), dependent administration (court supervised), muniment of title (just validates will without administration), and small estate affidavit for estates under $75,000.
- Determine if estate qualifies for small estate affidavit ($75,000)
- If will exists, consider muniment of title (simplest option)
- For larger estates, independent administration is preferred
- File with probate court in county where deceased lived
Handle financial accounts
Gather information about bank accounts, investment accounts, and retirement funds. Contact each financial institution with a certified death certificate. As a community property state, the surviving spouse's half of marital assets doesn't go through probate.
- List all bank accounts, investments, and retirement funds
- Contact each institution with a certified death certificate
- Check for beneficiary designations and POD accounts
- For small estates, use small estate affidavit with institutions
Key deadlines in Texas
File will with probate court
Texas has a 4-year statute of limitations on probating a will
Frequently asked questions about Texas estates
Neighboring state guides
Estate laws vary by state. If the deceased owned property in multiple states, you may need to file in each state.
Get your personalized Texas checklist
Every situation is different. Answer a few questions and get a step-by-step plan specific to your state and circumstances.
Start Free - It Takes 2 MinutesKnow what to do next
Get the first 7 steps to take after someone dies — in order, in plain language.
No spam. Unsubscribe anytime.