Tools for When Someone Dies in Texas

After a death in Texas, the estate either qualifies for the simplified procedure for estates under $75,000 or goes through probate, where creditors have 4 months to file claims after notice.

All Planning ahead Settling an estate

13 tools for Texas

How Many Death Certificates Do I Need?

In Texas, certified death certificates come from the Texas Department of State Health Services - Vital Statistics Section; the first copy costs $20, additional copies $3 each.

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Do I Need Probate?

In Texas, estates valued at $75,000 or less use the Small Estate Affidavit, 30 days after death, a court filing short of full probate.

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What Taxes Apply to My Inheritance?

Texas imposes no inheritance or estate tax; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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What Are the Burial and Cremation Laws in My State?

Texas allows you to name your own agent in a signed, written document, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.

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Can I Self-File Probate?

Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.

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How Do I Get Appointed as Executor?

In Texas, the probate court appoints the personal representative and the County clerk issues Letters Testamentary or Letters of Administration; every appointment goes through the court.

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What Are the Creditor Claim Deadlines?

In Texas, the 4 months a creditor has to present a claim run only from receipt of the written notice the personal representative mails; without notice, a claim can be presented until the estate closes.

Check Deadlines

What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, Texas pays the claims in 8 classes in statutory order, beginning with funeral expenses (up to $15,000) and last illness expenses (up to $15,000).

Check the Payment Order

How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

See Bank Requirements

When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

Check Withdrawal Rules

What Is the Estate's Personal Property Worth for Probate?

Estimate the fair market value of household items for probate and see how it affects fees.

Estimate Value

How Do I Settle an Estate?

Settling an estate in Texas: the personal representative files the estate inventory within 90 days of appointment; creditors have 4 months 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 $75,000 or goes through probate, where creditors have 4 months to file claims after notice.

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In Texas, the first certified copy costs $20, and each additional copy ordered at the same time $3. 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.

Standard processing in Texas takes 20-25 business days via Texas.gov; 25-30 business days by mail. Expedited service takes Estimated 4 weeks for expedited mail orders sent by overnight mail for an additional $25. A funeral home's order at the time of death usually arrives first.

Texas sets a statutory order for who controls the disposition of remains: surviving spouse of the decedent, then any one of the surviving adult children of the decedent, then either one of the surviving parents of the decedent. The state allows you to name your own agent in a signed, written document, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.

Texas imposes a 48-hour minimum waiting period before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. Signed cremation authorization form from an authorizing agent with legal right to control disposition per § 711.002, plus a death certificate or death record indicating the remains may be cremated (§ 716.051); a burial-transit permit or death certificate indicating cremation must also be obtained (25 Tex. Admin. Code § 181.2(b)).

Texas allows estates valued at $75,000 or less to use the Small Estate Affidavit, which avoids full probate administration. In Texas the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 days after death.

Tools for When Someone Dies in Texas

The first weeks after a death are a short list of practical tasks: certified copies of the death certificate, the burial or cremation arrangements the state allows, and finding out whether the estate needs a court process at all. The What to Do When Someone Dies Checklist puts them in order for your state, split by whether the person left a will, a trust, or nothing.

Certified death certificates in Texas come from the Texas Department of State Health Services - Vital Statistics Section; the first copy costs $20. In Texas, probate on a $500,000 estate costs about $27,634, and a simple estate closes in 4 months to 6 months.

SimplyTrust Editorial·Updated October 15, 2026

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Data sourced from Texas statutes and official state code. How we research.