How Do I Get a Death Certificate in Texas?

In Texas, certified death certificates come from the Texas Department of State Health Services - Vital Statistics SectionTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source; the first copy costs $20Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source, additional copies $3Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source each.

In Texas, the first certified copy costs $20Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source, and each additional copy ordered at the same time $3Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source. Copies ordered together cost less than separate orders placed later. The Texas estate settlement plan lists the accounts and institutions that each want a certified copy.

Death certificates in Texas are issued by the Texas Department of State Health Services - Vital Statistics SectionTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source. Online ordering is available. Most funeral homes also place the first order for the family at the time of death.

Standard processing in Texas takes 20-25 business days via Texas.gov; 25-30 business days by mailTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source. Expedited service takes Estimated 4 weeks for expedited mail orders sent by overnight mailTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source for an additional $25Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source. A funeral home's order at the time of death usually arrives first.

In Texas, a certified copy can be ordered by: Immediate family by blood, marriage, or adoption: child, parent/guardian, brother/sister, grandparent, spouse, Guardian or legal agent/representative, All others must document a direct, tangible interest (e.g. court order, insurance policy naming the applicant)Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source. A requester shows Valid photo ID (photocopy by mail, original in person) and Application signed before a notary for mail ordersTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source.

The Texas Department of State Health Services - Vital Statistics SectionTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source holds death records from 1903Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source to the present. A record becomes public 25 yearsTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source after the date of death.

Forms for Settling an Estate in Texas

Free forms for settling an estate in Texas: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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IRS Form 56

Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Notice to Creditors

In Texas, the notice to creditors is published for 1Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source from receipt of the mailed notice to present claims.

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Renunciation of Executor

In Texas, a person named as executor may decline to serveTex. Estates Code §§ 301.051, 306.001Verified Sep 23, 2026View source before anyone is appointed.

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Affidavit of Heirship

In Texas, heirs put their identity on the land records with an affidavit of heirship recorded with the countyTex. Estates Code ch. 203 (Nonjudicial Evidence of Heirship)Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.

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Estate Inventory

In Texas, the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Texas, the personal representative is discharged automatically once the statutory period runsTex. Est. Code §§ 405.007, 405.003, 362.012, 362.013Verified Sep 15, 2026View source, and no final accounting is required.

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IRS Form 1310

Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.

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Tools for Settling an Estate in Texas

Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

Do I Need Probate?

In Texas, estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death, a court filing short of full probate.

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What Happens to Jointly Owned Property When an Owner Dies?

When a joint owner dies in Texas: Texas law names no affidavit to record when a joint owner dies. A written survivorship agreement passes the interest to the survivor, and a community property survivorship agreement takes effect without a court orderTex. Est. Code chs. 101, 111 (subch. A), 112; Tex. Prop. Code chs. 11, 12, 13; Tex. Loc. Gov't Code chs. 191 to 195; Texas Title Examination Standards chs. XIII, XIV, XIXVerified Oct 26, 2026View source.

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Do I Have to File Tax Returns for Someone Who Died?

Texas has no state income tax, so only the federal final Form 1040 is due for the decedentTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Do I Settle an Estate?

Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

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What Do I Do When Someone Dies?

After a death in Texas, the estate either qualifies for the simplified procedure for estates under $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source to file claims after notice.

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How Much Are Estate & Inheritance Taxes?

Texas levies no estate or inheritance taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Texas imposes no inheritance or estate taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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Hire a Texas Probate Attorney

Browse 135 probate firms in Texas with addresses, contact info, and practice details.

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Texas Estate Settlement Resources

In-depth guides covering Texas probate, estate administration, and settling an estate.