What to Do After a Death in Hays County, Texas
The first weeks after losing someone involve time-sensitive tasks. Here's what to prioritize and what can wait.
Handling an estate in Hays County, Texas means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the County Court at Law No. 1 at 712 S Stagecoach Trail, Ste 2292, San Marcos.
1. Order Death Certificates
Find out how many death certificates to order:
2. Estate Settlement Checklist
Track your progress through the probate process:
Once appointed as personal representative, Texas law requires filing an inventory of estate assets with the County Court at Law No. 1 within 90 daysTex. Estates Code § 309.051; as amended by HB 3421, 89th Leg. (eff. 9/1/2025)Verified May 1, 2026. The inventory identifies and values everything the deceased owned — real estate, bank accounts, investments, vehicles, personal belongings.
Texas requires publishing a notice to creditors in a local newspaper. Creditors then have 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified May 1, 2026 to file claims against the estate.
Your first priorities are securing property and stopping automatic payments. Collect mail, lock up valuables, document what's there, and call Social Security at 1-800-772-1213 to report the death — this prevents benefit overpayments that the estate would have to repay later.
Contact banks and credit card companies as soon as possible to freeze accounts and prevent unauthorized transactions or recurring charges. Most institutions require a certified death certificate.
When you're ready to start probate, contact the County Court at Law No. 1 at 512-393-7625 to confirm what documents you need. You can file in person or by mail — families handling probate themselves don't need to use e-filing.
File life insurance claims early. Proceeds pass directly to named beneficiaries outside probate and are often available within weeks, which can help cover immediate estate expenses while probate is underway.
An attorney is most worth the cost when the estate involves contested assets, disputes between beneficiaries, will challenges, business interests, or real estate in multiple states. Straightforward estates can often be handled without one.
Attorney fees in Texas typically run 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 1, 2026 to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 1, 2026 of estate value. Flat-fee arrangements are common for straightforward estates without disputes.
Professional help is especially valuable when the estate is large enough to trigger Texas' estate tax filing thresholds, involves unusual assets, or creates potential liability for the executor.
Legal Sources
- Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)
- Tex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)
- Tex. Estates Code § 309.051; as amended by HB 3421, 89th Leg. (eff. 9/1/2025)
Data sourced from Texas statutes and official state code. How we research.
Frequently Asked Questions
Before anything court-related, handle three things: get the doctor or coroner to sign the death certificate, secure the home and any valuables, and locate the will. Only then does probate planning make sense.
Plan on 8–12 certified copies. Each financial institution, title company, insurer, and the Hays County probate court will ask for an original. Ordering too few is the most common delay families run into. Use the Texas death certificate calculator for a personalized count.
Texas does not set a strict filing deadline for opening probate, but delay has costs: the creditor claim period is 4 months, assets stay frozen until probate opens, and some banks refuse to act without letters. Most families file within 30–60 days.
Funeral homes typically report the death to Social Security. Bank and brokerage notifications are on the executor — accounts freeze on notification, so timing matters. The Texas estate settlement checklist walks through the order.
Yes. A revocable living trust keeps the estate out of Hays County probate entirely — no filing, no hearings, no public record. Families who plan ahead settle in weeks instead of months. Create a revocable trust online before the next generation has to go through what you're handling now.
County Court at Law No. 1
Hays County
712 S Stagecoach Trail, Ste 2292
San Marcos, TX 78666
Phone:
512-393-7625Fax:
512-393-7633
Email:
ccal@hayscountytx.govHours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.
Learn more
Death of a Parent
Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.
Learn more