When someone dies in Texas, the work ahead falls into a rough order: confirm the death and secure the home, arrange burial or cremation, obtain certified death certificates, notify the agencies and companies that need to know, deliver any will to the county clerk, and then decide which probate path fits the estate. One deadline sits above the rest. A will generally cannot be admitted to probate more than four years after the date of death, and missing that window can permanently change who inherits what.
The First Hours and Days
If the death happens at home and was not expected, call 911. Paramedics will confirm the death, and depending on the circumstances a medical examiner or justice of the peace may need to investigate. Texas specifically flags deaths that appear to have occurred without forewarning, or that may involve suicide, family violence, or abuse, as deaths requiring further review.1State of Texas. Texas Health and Safety Code 672.001 – Definitions In a hospital, nursing home, or hospice, staff handle the pronouncement.
Once the death is confirmed, lock the home and secure valuables, mail, and vehicles, especially if the person lived alone. Start looking for the documents that drive every decision that follows: the will, any pre-arranged funeral plans, life insurance policies, and financial account statements.
Arranging Burial, Cremation, or Donation
If the deceased signed an Appointment of Agent to Control Disposition of Remains, that named agent has first priority to make funeral decisions.2Texas Law Help. Appointment of Agent to Control Disposition of Remains Without that document, Texas sets an order: surviving spouse first, then surviving adult children, then parents, then adult siblings, then the executor or administrator, then the next closest relative.3State of Texas. Texas Health and Safety Code 711.002 – Disposition of Remains When people at the same level disagree, especially adult children, the dispute can end up in court.
Most families work through a licensed funeral home. Under the federal Funeral Rule, every funeral home must give you a written general price list when you ask about services or prices in person, and separate price lists for caskets and outer burial containers before showing you those items. You’re also entitled to pricing information by phone.4Federal Trade Commission. Complying with the Funeral Rule Use those disclosures to compare costs before you commit. Check whether the deceased pre-paid for any services or left written wishes.
If the deceased was a veteran discharged under conditions other than dishonorable, the VA may reimburse part of the burial and funeral costs. The person who actually paid is the one who files the claim, and you’ll need the DD-214 discharge papers and receipts.5Veterans Benefits Administration. Veterans Burial Allowance and Transportation Benefits
Getting the Death Certificate
Nearly everything that follows depends on certified copies of the death certificate. Insurance companies, banks, investment firms, government agencies, and the probate court all want one. The funeral home typically files the certificate with the local registrar, which Texas law requires within 10 days of the death.6Texas DSHS. Handbook on Death Registration
Order certified copies through the funeral home at filing, or later from the county clerk, city registrar, or the Texas Department of State Health Services Vital Statistics Unit. The state fee is $20 for the first certified copy and $3 for each additional copy ordered at the same time.7Cornell Law School. 25 Texas Admin Code 181.22 – Fees Charged for Vital Records Order 10 to 12. You’ll use them.
Death records are restricted for 25 years. Only immediate family can request certified copies, and you’ll need a valid photo ID.8Texas DSHS. Death Record FAQs If you notice an error on the certificate, the funeral director named on it, the informant, the surviving spouse, or a surviving parent can apply to DSHS to correct it. Fix it early. Mistakes on the certificate hold up insurance payouts and complicate probate.
Who to Notify
A lot of entities need to hear about the death, and missing one can create problems months later. Government agencies come first:
- Social Security Administration. The funeral home sometimes reports the death, but confirm it directly. Benefits paid after the date of death may have to be returned.
- Veterans Affairs, if the deceased was a veteran, both for burial benefits and to stop any pension or disability payments.
- Medicare or Medicaid, to terminate coverage and prevent billing errors.
- The deceased’s employer or former employer, about final paychecks, unused vacation, pension benefits, and employer-sponsored life insurance.
Then financial institutions: banks, credit unions, credit card companies, and investment firms, so accounts can be frozen against unauthorized use. Insurance companies for life, auto, health, and homeowners policies need notice to pay claims or adjust coverage. If there’s an active mortgage, call the lender. On the practical side, notify utilities if the deceased lived alone, and file a change of address with the post office to forward mail.
Keep a written log of every call: date, person you spoke with, reference numbers. If a dispute surfaces later, that log is often the only record you have.
Delivering the Will and the Four-Year Deadline
This is the step families most often miss. Texas law requires that anyone holding a deceased person’s will deliver it to the clerk of the court with jurisdiction over the estate after receiving notice of the death.9Texas Public Law. Texas Estates Code 252.201 – Will Delivery This applies even if you don’t plan to open probate. Deliver the original to the county clerk in the county where the deceased lived.
The bigger trap is the four-year clock. A will generally cannot be admitted to probate after the fourth anniversary of the testator’s death, unless you can prove you were not at fault for the delay.10State of Texas. Texas Estates Code 256.003 – Period for Admitting Will to Probate Even when a court admits a late will, it generally cannot issue letters testamentary after four years unless the application was filed before the deadline. And anyone who bought property from the heirs in good faith after four years keeps it, regardless of what the will says. If a will exists, treat probate as something to open within the first year or two, not something you can set aside indefinitely.
Choosing a Probate Path
Not every estate needs the same level of court involvement. Texas offers several routes, and picking the right one saves time and money.
Independent Administration
This is the standard path and the least burdensome. If the will names an independent executor, the court appoints that person and then largely steps aside. The executor pays debts, distributes assets, and files an inventory without needing court approval for each decision. Even when someone dies without a will, all the heirs can agree to independent administration by jointly designating an independent administrator in the application, and the court will grant it unless doing so would not be in the estate’s best interest.11State of Texas. Texas Estates Code 401.003 – Creation in Intestate Estate by Agreement
Muniment of Title
When a will exists and the estate has no unpaid debts other than those secured by real estate, the court can admit the will simply as proof of who inherits what. No executor is formally appointed, and no full administration takes place.12State of Texas. Texas Estates Code Chapter 257 – Probate of Will as Muniment of Title The applicant has to show the court the testator is dead, the will is valid, the estate has no unsecured unpaid debts, and fewer than four years have passed since death. For a simple estate whose main job is transferring a house or financial accounts, this is faster and cheaper.
Small Estate Affidavit
When there’s no will and the estate is modest, Texas allows heirs to bypass probate through a small estate affidavit. The estate’s assets, excluding the homestead and exempt property, must total $75,000 or less. At least 30 days must have passed since the death, and no one can have applied to serve as personal representative. The heirs file a sworn affidavit, a judge reviews it, and if approved it transfers the property.
Dependent Administration
When heirs can’t agree, or when the court finds supervised administration serves the estate’s interests, the court appoints a dependent administrator who needs court approval for most actions, including selling property and paying claims. It is slower and more expensive, but the oversight can protect heirs when there are disputes or concerns about mismanagement.
What Passes Outside Probate
Not everything the deceased owned goes through probate. Non-probate assets transfer automatically to a co-owner or named beneficiary regardless of what the will says: jointly held accounts or property with rights of survivorship, life insurance with a named beneficiary, retirement accounts like 401(k)s and IRAs with designated beneficiaries, and anything held in a trust. To claim these, contact the financial institution or insurance company directly with a death certificate.
Probate assets are everything held solely in the deceased’s name without a beneficiary designation or survivorship feature. A solo bank account, a car titled only to the deceased, real estate held without survivorship: these typically need probate before ownership can transfer. The executor or court-appointed administrator handles those transfers once the court grants authority.
If There Is No Will
When someone dies in Texas without a will, state law dictates who inherits. Texas is a community property state, so property acquired during the marriage belongs equally to both spouses, and the rules split along community versus separate property.
If the surviving spouse is also the parent of all the deceased’s children, or there are no children at all, the surviving spouse inherits the deceased’s entire share of the community estate. Blended families are where this gets painful. If the deceased had a child who is not also a child of the surviving spouse, the deceased’s half of the community estate passes to the deceased’s children, not the surviving spouse.13State of Texas. Texas Estates Code 201.003 – Community Estate of an Intestate A spouse in a blended family can find themselves sharing or losing community property they assumed was theirs.
Separate property, meaning property owned before marriage, inherited during marriage, or received as a gift, follows a different rule. When children survive, the spouse inherits one-third of the personal property and a life estate in one-third of the land, with the children taking the rest.14State of Texas. Texas Estates Code 201.002 – Separate Estate of an Intestate If no children survive but parents or siblings do, the spouse takes all the personal separate property and half the land, with the other half going to the deceased’s parents or siblings. If no parents, siblings, or their descendants survive, the spouse inherits everything.
Homestead and Family Protections
Even when the home passes to someone else under the will or by intestacy, a surviving spouse or minor child has the right to continue occupying the homestead and cannot be forced out by the heirs. That occupancy right does not transfer ownership, but it protects the family from displacement while they sort out next steps. Texas also exempts certain personal property from creditor claims against the estate, and the surviving spouse and minor children can claim a family allowance for living expenses during administration.
Final Taxes and the Executor’s IRS Filings
The deceased’s final federal income tax return covers January 1 through the date of death and gets filed on the standard Form 1040, by the same April 15 deadline that would apply if the person were still alive.15Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died Report income earned through the date of death and claim eligible deductions and credits. Catch up any prior-year returns the deceased never filed. If a refund is due, Form 1310 claims it on the deceased’s behalf.16Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person
Federal estate tax applies only to large estates. The exemption for 2026 is $15,000,000, raised by legislation signed in July 2025.17Internal Revenue Service. 18Internal Revenue Service. Instructions for Form 56 If the estate will earn income during administration from rent, interest, or asset sales, apply for an Employer Identification Number online using Form SS-4.19Internal Revenue Service. Information for Executors
Debts, Creditors, and Digital Accounts
The executor handles the deceased’s debts before distributing assets. After probate opens, the executor typically publishes a notice in a local newspaper, which starts a limited window for creditors to file claims. Secured debts like mortgages and car loans travel with the collateral, so the heir who receives the house inherits the payment. Unsecured debts like credit cards and medical bills get paid from estate assets, and if the estate cannot cover everything, Texas sets a priority order.
Heirs are generally not personally liable for the deceased’s unsecured debts unless they co-signed, or unless a surviving spouse is responsible for community debts. Collectors sometimes contact family members and imply otherwise. Know what you owe and what you don’t before paying anything.
Digital accounts are easy to miss. Build a list from the deceased’s devices, mail, and bank statements showing recurring charges. Cancel paid subscriptions quickly to stop charges. For email and cloud storage, Google’s Inactive Account Manager lets users designate up to 10 people to receive account data if the account goes inactive; if the deceased set this up, those contacts receive a download link, and if not, Google may delete inactive accounts after two years.20Google. About Inactive Account Manager Social media platforms each have their own memorialization or deletion processes. Most want a death certificate and proof of your relationship, and they respond faster once you can show court-issued letters testamentary proving your legal authority over the estate.