Texas Guide

What to do when someone dies in Texas.

A step-by-step guide for families navigating death administration in Texas. Covers death certificates, cremation rules, probate, and average costs.

$20 per copy
Death Certificate
48 hours
Cremation Wait
$800–$2,500
Avg Cremation
$75,000
Small Estate Limit

First 24 Hours in Texas

1
Call 911 or hospice if the death was unattended or unexpected
2
Have the death officially pronounced by a medical professional
3
Contact a funeral home to arrange transport of the body
4
Notify immediate family members and close friends
5
Secure the home, vehicles, and personal property
6
Locate the will, trust documents, and advance directives
7
Contact the deceased's employer if they were still working
8
Do not pay any bills or debts until the estate is established

Getting a Death Certificate in Texas

Agency
Texas Department of State Health Services
Cost
$20 per copy
Processing Time
3–5 business days

How many do you need? Plan to order at least 10–12 certified copies. You will need them for banks, insurance companies, government agencies, retirement accounts, and courts. It is much cheaper to order extras upfront than to reorder later.

Texas Legal Requirements

Texas is a community property state with no state estate tax. It has a simplified affidavit process called a "muniment of title" for smaller estates.

Community property state
48-hour cremation waiting period
No state estate or income tax
Homestead exemption provides strong protection for primary residence

Average Funeral Costs in Texas

Average Cremation
$800–$2,500

Direct cremation to full cremation with service

Full cost breakdown →
Average Burial
$6,500–$13,000

Includes burial plot, funeral service, and vault

Full cost breakdown →

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Frequently Asked Questions

How many death certificates do I need in Texas?

Plan for at least 10–12 certified copies. Each financial institution, insurance company, government agency, and court requires its own original certified copy. It costs $20 per copy per copy from the Texas Department of State Health Services.

How long does probate take in Texas?

Straightforward probate in Texas typically takes 6–12 months. Complex estates with disputes or significant assets can take 2–3 years. Estates under $75,000 may qualify for a simplified process.

How soon can cremation happen in Texas?

Texas requires a 48 hours waiting period before cremation. All paperwork must be completed and signed by the authorized next-of-kin before cremation can proceed.

What happens if someone dies without a will in Texas?

If someone dies without a will ("intestate") in Texas, the estate is distributed according to state intestacy laws. Generally assets pass to the spouse first, then children, then other relatives in a specific legal order determined by the probate court.