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Home→Tools→Post-Death Tax Filing Guide→Texas

How Do I File Taxes for a Deceased Person in Texas?

Find out which tax returns you need to file after someone dies. See state-specific forms, deadlines, and whether tax clearance is required.

Frequently Asked Questions

Because Texas has no state income tax, the primary filing is the federal final income tax return (Form 1040) for income earned through the date of death.Tex. 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 Tax Code Ch. 211 (repealed by SB 752, 84th Leg., R.S. (2015), effective Sept. 1, 2015)Verified May 27, 2026 If the estate earns income during administration, a federal fiduciary return (Form 1041) may be required. No state income tax returns are needed.

The final federal income tax return is due April 15 of the year following death.Tex. 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 Tax Code Ch. 211 (repealed by SB 752, 84th Leg., R.S. (2015), effective Sept. 1, 2015)Verified May 27, 2026 Estate income tax returns (Form 1041) are due by the 15th day of the fourth month after the estate's tax year ends.

No. No state tax clearance required. Texas has no individual income tax (Tex. Const. Art. VIII, § 24-a, added by Prop. 4 in 2019), no corporate income tax, no estate tax, and no inheritance tax. The Texas inheritance tax (former Tex. Tax Code Ch. 211) was inoperative after EGTRRA 2001 phased out the federal state death tax credit (no liability for deaths on or after Jan. 1, 2005) and was formally repealed by SB 752, 84th Leg., R.S. (2015), effective Sept. 1, 2015. As of Nov. 4, 2025, Tex. Const. Art. VIII, § 26 (Proposition 8 / HJR 2) constitutionally prohibits the legislature from imposing any estate, inheritance, or death tax. Texas is among the most tax-favorable states for estate administration.Tex. 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 Tax Code Ch. 211 (repealed by SB 752, 84th Leg., R.S. (2015), effective Sept. 1, 2015)Verified May 27, 2026 All tax obligations must be satisfied before making final distributions.

Yes. Estate size does not affect the requirement to file a final income tax return. A final Form 1040 is required regardless of estate value if the deceased had income. What smaller estates typically avoid is the federal estate tax return (Form 706).

The executor named in the will (or the court-appointed administrator) is responsible for filing the final income tax return and any estate tax returns. If the deceased was married, the surviving spouse can file a joint federal return for the year of death. For trust assets, the successor trustee handles fiduciary tax returns. The Texas executor checklist covers all filing responsibilities in order.

No. Texas does not impose a state estate tax or inheritance tax. The primary tax filings after death are income tax related (final return and, if applicable, estate income tax return). See how Texas compares with the death tax calculator.

Tax Filing After Death in Texas

Because Texas does not impose a state income tax, the tax filing process after death is more straightforward than in most states. Only federal returns are required for the deceased's income.

Texas does not impose a state estate tax or inheritance tax. The primary post-death tax obligations are income tax related — the final return and any fiduciary returns needed during estate administration.

Missing tax deadlines can result in penalties and interest that reduce the estate's value. The executor checklist for Texas includes all filing dates so nothing is overlooked.

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Texas Estate Planning Resources

In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.

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Texas Tax Filing Checklist

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Federal

File final income tax return26 USC 6012(b)(1)

A final federal income tax return is required for income earned from January 1 through the date of death.

Form: IRS Form 1040

Deadline: April 15 following year of death

Write "DECEASED" across the top. If filing jointly with surviving spouse, include both incomes. Attach Form 1310 if claiming a refund.
Download FormFile Online

File estate income tax returnNot required26 USC 6012(a)(4)

IRS Form 1041 is only required if the estate earns $600 in gross income or more during administration.

File estate tax returnNot required26 USC 6018; 26 USC 6075(a)

The estate value ($0) is below the federal exemption of $15,000,000. IRS Form 706 is generally not required.

Texas

Final income tax returnNot 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)Verified May 27, 2026

Texas has no state income tax. No state income tax return is required.

Tax Clearance Not 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)Verified May 27, 2026

No state tax clearance required. Texas has no individual income tax (Tex. Const. Art. VIII, § 24-a, added by Prop. 4 in 2019), no corporate income tax, no estate tax, and no inheritance tax. The Texas inheritance tax (former Tex. Tax Code Ch. 211) was inoperative after EGTRRA 2001 phased out the federal state death tax credit (no liability for deaths on or after Jan. 1, 2005) and was formally repealed by SB 752, 84th Leg., R.S. (2015), effective Sept. 1, 2015. As of Nov. 4, 2025, Tex. Const. Art. VIII, § 26 (Proposition 8 / HJR 2) constitutionally prohibits the legislature from imposing any estate, inheritance, or death tax. Texas is among the most tax-favorable states for estate administration.

This tool provides general information about tax filing requirements after death. Tax situations vary based on individual circumstances. Consult a licensed tax professional or CPA for advice specific to your situation.

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