How Do I File Taxes for a Deceased Person in Texas?
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 VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21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.
Because Texas has no state income taxTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source, the primary filing is the final federal income tax return (Form 1040) for income earned through the date of death. If the estate earns income during administration, a federal fiduciary return (Form 1041) may be required. No state income tax return is needed.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. Texas has no state income tax return to file. An estate income tax return, where one is needed, is due the 15th day of the 4th month after the estate's tax year ends (April 15 for a calendar-year estate)26 USC 6012(a)(3)Verified Sep 15, 2026.
No state tax clearance requiredTex. Const. Art. VIII, §§ 24-a, 26; former Tex. Tax Code Ch. 211 (repealed by SB 752, 84th Leg., R.S. (2015), effective Sept. 1, 2015); Tex. Tax Code §§ 152.025, 152.094Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.
No. Texas imposes no state estate tax and no 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 Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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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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Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source from receipt of the mailed notice to present claims.
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.
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.
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.
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.
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.
How Many Death Certificates Do I Need?
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.
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.
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.
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 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source to file claims after notice.
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.
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.
How Does Step-Up in Basis Work?
Inherited assets in Texas take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxTex. Const. Art. VIII § 24-b, CAPITAL GAINS TAX PROHIBITED (added Nov. 4, 2025) — "the legislature may not impose a tax on the realized or unrealized capital gains of an individual, family, estate, or trust"; and § 24-a, INDIVIDUAL INCOME TAX PROHIBITED (added Nov. 5, 2019)Verified Sep 15, 2026View source.
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