What to Do When Someone Dies in Texas
A complete guide to death certificates, probate, estate taxes, and funeral costs in Texas. Everything you need to know about handling a death in the state of Texas.
Quick Facts: Texas
Death Certificates in Texas
Cost Per Certified Copy
The first certified copy costs $20. Additional copies cost $3 each. See our county-by-county guide for local vital records offices.
How Many to Order
We recommend ordering 10 to 15 copies. Banks, insurance companies, the Social Security Administration, the DMV, employers, and other institutions typically require original certified copies. Ordering extras upfront saves time and money compared to requesting more later. Ten copies in Texas would cost approximately $47.
Where to Order
Death certificates in Texas are issued by the Texas Department of State Health Services, Vital Statistics. Your funeral home will typically order the initial copies for you as part of their services. Learn about what funeral homes charge and your rights under the FTC Funeral Rule.
Visit Texas Department of State Health Services, Vital StatisticsFiling Deadline
In Texas, a death must be registered within 10 days. The funeral home or attending physician typically handles the filing. Use our deadline tracker to see all critical filing deadlines.
Probate in Texas
Small Estate Threshold
Estates valued under $75,000 may qualify for simplified probate or a small estate affidavit. Small estates under $75,000 may use small estate affidavit if there is no will; also offers muniment of title for simple estates with a will and no debts. Read our full probate guide for step-by-step instructions on navigating the process.
Probate Court
Probate in Texas is handled by the County Court or Statutory Probate Court.
Visit County Court or Statutory Probate Court websiteTypical Timeline
Probate in Texas typically takes 6-12 months. The timeline depends on the size and complexity of the estate, whether anyone contests the will, and the court's caseload. Use our cost calculator to estimate total probate and estate settlement costs.
Small Estate Affidavit
If the estate is valued below the small estate threshold of $75,000, you may be able to use a small estate affidavit instead of going through formal probate. This is a simplified process that allows heirs to collect assets by presenting a sworn statement to banks and other institutions. Waiting periods and specific requirements vary, so check with the County Court or Statutory Probate Court in your county for exact procedures.
Key Things to Know in Texas
Community Property State
Texas is a community property state. This means most assets acquired during the marriage are owned equally by both spouses, regardless of whose name is on the title. When one spouse dies, the surviving spouse automatically owns their half of community property. Only the deceased spouse's half passes through the will or probate. This can simplify estate settlement for married couples but may complicate matters if assets were commingled with separate property. If you have lost a spouse, see our spouse bereavement guide.
Texas-Specific Notes
Texas strongly favors independent administration, meaning the executor can manage the estate with minimal court supervision. The "muniment of title" option allows a will to be admitted to probate solely to transfer title to property, without full administration. Texas is a community property state, and the surviving spouse retains their half of community property. The state also has a generous homestead exemption.
No State Death Taxes
Texas does not have a state estate tax or inheritance tax. Only the federal estate tax applies, and it only affects estates exceeding $13.61 million. Read more about estate tax rules and how they might affect your situation.
Debt After Death in Texas
Because Texas is a community property state, surviving spouses may be responsible for debts incurred during the marriage, even if only the deceased's name was on the account. Learn more about debt after death and medical debt.
Funeral Costs in Texas
These are median costs in Texas. Actual costs vary significantly based on the funeral home, location within the state, and services selected. Under the FTC Funeral Rule, funeral homes must provide itemized pricing when you ask. You are not required to purchase a package and can choose individual services. Read more about the true cost of dying in America.
Death Certificate Offices in Texas
Find your county's vital records office below for local death certificate costs, contact information, and ordering instructions. You can also order from the state vital records office (Texas Department of State Health Services, Vital Statistics).
County not listed? Order from the Texas Department of State Health Services, Vital Statistics or browse all 100 counties.
Major Cities in Texas
Next Steps and Resources
Step-by-Step Guide
Complete walkthrough of everything to do after a death
Master Checklist
Track every task from day one through estate closure
Social Security Benefits
Survivors benefits, lump sum payment, how to notify SSA
Veterans Benefits
VA burial benefits, survivor pensions, and claims
Document Checklist
Every document you need to gather and file
Grief Support
Counseling, support groups, and crisis hotlines
Frequently Asked Questions About Death in Texas
What is the first thing to do when someone dies in Texas?
Contact emergency services (911) or the funeral home. If the death was expected under hospice care, call the hospice provider. The funeral home will transport the body and begin the process of obtaining death certificates from the Texas Department of State Health Services, Vital Statistics. Within the first few days, you should also notify close family, secure the deceased's home and valuables, and locate important documents like the will, insurance policies, and financial records. Our step-by-step guide walks you through each step.
Do I need a lawyer for probate in Texas?
Not always. If the estate is under $75,000, you may be able to use a small estate affidavit and avoid formal probate entirely. For larger or more complex estates, hiring a probate attorney is generally recommended, especially if there are disputes, real estate in multiple states, or business assets involved. Probate in Texas is handled through the County Court or Statutory Probate Court.
How much does a funeral cost in Texas?
The median cost of a funeral with burial in Texas is $7,900. Cremation averages $5,800. Currently, 50% of Texas residents choose cremation. Under the FTC Funeral Rule, funeral homes must provide itemized pricing. See our funeral costs guide for tips on reducing costs and understanding your rights.
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Get Your Free Personalized GuideRelated Guides
Probate Guide
How probate works, when you can skip it, and what it costs in your state.
Estate Tax
Federal and state estate tax thresholds, exemptions, and filing deadlines.
Funeral Costs
Average funeral costs by type and practical ways to reduce expenses.
Death Certificates
Find your county vital records office, costs, and ordering instructions.
Social Security
Survivors benefits, the lump-sum death payment, and how to notify SSA.
Master Checklist
Track every task from day one through closing the estate.