When someone dies in Texas
The state-specific facts a family needs in the first weeks, with links to the official sources behind each one.
Last updated May 11, 2026. Sources are linked at the bottom of the page.
The first few days
You do not have to do everything at once, and most of it can wait a week. In the first days the real tasks are: get the death legally recorded (the funeral home or direct disposer does this), decide on burial or cremation, tell close family, and locate any instructions the person left. Everything else, the accounts, the house, the paperwork, comes after the death certificate is issued.
Texas at a glance
| Death certificates issued by | Texas Department of State Health Services. Vital Statistics |
|---|---|
| First certified copy costs | $20 first certified copy |
| Probate court | Texas Statutory Probate Courts (urban counties) or County Courts at Law (other counties) |
| Probate filing fee | approx $300–$450 typical; varies by county |
| Small-estate shortcut | Yes: Small Estate Affidavit |
| State estate tax | No |
| State inheritance tax | No |
| Wait before cremation | 48 hours |
Guides for Texas
- Death certificates
- Probate and small estates
- When there is no will
- Cremation rules
- Estate taxes and life insurance
Deadlines
| Death certificate filing by funeral director | Within 10 days of death (Health & Safety Code §193.005) |
|---|---|
| Probate will admission | Will must generally be admitted to probate within 4 years of death (Estates Code §256.003) |
Official agencies in Texas
| Vital records (death certificates) | dshs.texas.gov/vital-statistics |
|---|---|
| Probate court directory | txcourts.gov/courts/probate-courts |
| State bar lawyer referral | texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service |
| Funeral and cremation board | tfsc.texas.gov |
| Insurance regulator | tdi.texas.gov |
| Attorney General consumer protection | texasattorneygeneral.gov/consumer-protection |
Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Texas.