Texas

At a Glance

The 10-day rule.

In Texas, the person responsible for filing must file the death certificate with the local registrar no later than 10 days after death. The funeral director or person in charge of disposition is responsible for filing. The physician generally completes the medical certification within 5 days after receiving the certificate, subject to the statute's inquiry and referral provisions.

Who files it.

The funeral director or person in charge of disposition files the death certificate. The attending physician certifies the cause of death. If the death was sudden, unexpected, or violent, the medical examiner or justice of the peace takes over.

Who can order copies.

Texas restricts certified copies to the registrant's immediate family: spouse, parent or guardian, child, sibling, or grandparent. Legal representatives can also order, and anyone else must show legal documentation of a direct and tangible interest. You must provide proof of relationship.

• -Texas Vital Statistics Unit: dshs.texas.gov/vital-statistics
• -Cost: $20 first copy, $3 each additional (same order)
• -Mail orders take 25 to 30 business days to process before shipping; allow 6 weeks or more
• -Fastest option: order online at Texas.gov, or use the DSHS overnight mail expedited service ($25 fee)
• -Local county clerk offices may provide faster turnaround

Source: Texas DSHS: current vital-record costs and fees ↗Source: Texas DSHS: who can request a death certificate ↗Source: Texas DSHS: current processing times ↗

How do I get a death certificate in Texas?

Order certified copies from Texas's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in Texas?

$20 per certified copy in Texas, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

The threshold: $75,000.

Texas allows a simplified 'Small Estate Affidavit' for estates with a total gross value of $75,000 or less (not counting homestead and exempt property), with no will. Estates above this threshold, or any estate with a will, may require formal probate. Texas probate is generally considered more efficient than many other states.

Small estate affidavit.

If the estate qualifies (gross value of $75,000 or less excluding homestead and exempt property, no will), heirs can use a Small Estate Affidavit to skip appointing a personal representative and full administration. It still goes through the probate court: you file the affidavit with the court clerk and a judge must approve it (Tex. Estates Code §§ 205.001, 205.003). You must wait 30 days after death before filing.

• -Wait 30 days from date of death
• -Gross estate value must be $75,000 or less (excluding homestead and exempt property)
• -No will. Decedent must have died intestate
• -Must be filed with the probate court (not just presented to financial institutions)
• -All heirs must sign the affidavit
• -Two disinterested witnesses must also swear to the affidavit (Tex. Estates Code § 205.002)

Independent administration.

Texas allows 'independent administration' of estates, which means the executor can manage and distribute the estate without court supervision for most actions. This makes Texas probate significantly faster and less expensive than states requiring court approval for every step. Most Texas wills include independent administration language.

Community property.

Texas is a community property state. Property acquired during marriage is generally owned 50/50 by both spouses. At death, the surviving spouse automatically owns their half of community property. Only the deceased's half goes through probate. Texas also allows a 'community property survivorship agreement' that passes all community property directly to the surviving spouse.

What avoids probate.

Living trusts, joint tenancy with right of survivorship, accounts with named beneficiaries (POD/TOD), life insurance, retirement accounts, and Texas Transfer-on-Death deeds for real property all pass outside probate. Texas also allows Transfer-on-Death deeds for vehicles.

What is the small-estate limit in Texas?

$75,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Texas?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Texas allow transfer-on-death deeds?

Yes. Texas authorizes the transfer on death deed under Tex. Est. Code ch. 114, §§ 114.001 to 114.106 (Texas Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Texas has had a statutory TOD deed since 2015; it must be recorded before death, and it exists alongside the older Lady Bird deed that Texans also use.

Source: Tex. Est. Code ch. 114, §§ 114.001 to 114.106 (Texas Real Property Transfer on Death Act) ↗

Time off work after a death in Texas

Texas doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. Not applicable. No private-employer mandate.

How much. Not applicable. No private-employer mandate.

Paid or unpaid. Not applicable. No private-employer mandate.

Texas state agencies grant their own employees emergency leave for a death in the family, so a Texas reader who works for the state should check agency policy rather than assume nothing exists. The Texas Comptroller's Personnel Manual, Chapter 9, section on Bereavement Leave, grants up to 24 hours of emergency leave following the death of an immediate family member, up to 40 hours when the funeral or memorial service is more than 300 miles from the employee's home, and up to 8 hours for an extended family member, with a Special Leave Request Form and proof of the death (https://comptroller.texas.gov/about/docs/leave-policies/bereavement.pdf). That's one agency's policy under the state's emergency leave authority and it reaches no private employer. TWC's guidebook also makes the practical point worth passing to readers: if the employer puts a bereavement policy in writing, the employer has to follow it. No pregnancy-loss leave provision in Texas law.

Source: Texas Workforce Commission, Texas Guidebook for Employers, "Vacation and Sick Leave" ↗

Can I leave money to care for my pet in Texas?

Yes. Texas enforces pet trusts under Tex. Prop. Code § 112.037, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and the pet trust section sets no year cap. The outer limit is measured by the lifetimes of the people named in your trust rather than by a fixed number of years. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about the animal your trust covers can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can release money to another use if the trust holds more than the animal needs. Unless your trust says otherwise, that surplus goes to you if you're living, and if you're gone, to the beneficiaries under your will, or to your heirs if your will doesn't cover it. Texas spells the surplus route out further than most states, naming the beneficiaries under your will ahead of your heirs, so check that your will and your pet trust agree about who gets the leftover. Name the caretaker and a backup in the trust itself, because the statute won't pick one for you.

Source: Tex. Prop. Code § 112.037 ↗

How to set one up, and what it costs →

Die without a will in Texas and this law picks your heirs.

If you die intestate (without a valid will) in Texas, Tex. Estates Code §§ 201.001-201.003 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• -Spouse only (no descendants, parents, or siblings): everything, all community and all separate property. If siblings survive but no parents, half the separate land still goes to the siblings (§ 201.002(c), (d)).
• -Spouse + parents (no descendants): all community property and separate personalty; separate land splits half to the spouse, half to the parents.
• -Spouse + joint descendants: all community property; separate property gives the spouse one-third of personalty plus a life estate in one-third of the land.
• -Spouse + blended family: the decedent's half of the community goes to the decedent's children; the spouse keeps their own half. Separate property splits as above.
• -Source: Tex. Estates Code §§ 201.001-201.003

Children's shares.

The children take everything in equal shares, with a dead child's share passing to that child's descendants (per capita with representation).

No spouse, no children: the line of succession.

After descendants the estate goes to both parents equally; with one parent it splits half to that parent and half to siblings; then all to siblings and their descendants; then it divides into paternal and maternal halves that pass to grandparents and their descendants and so on without end, so escheat to the state (Property Code ch. 71) happens only when no kin at all can be found.

At a Glance

Three documents you should know.

Texas recognizes three key advance directive documents: (1) the Directive to Physicians (Living Will), which specifies your wishes for end-of-life care; (2) the Medical Power of Attorney, which names a healthcare agent to make decisions for you; and (3) the Out-of-Hospital DNR Order, which instructs emergency responders not to resuscitate.

How to make it valid.

A Texas Directive to Physicians must be signed by you and witnessed by two competent adults. Witnesses can't be related to you by blood or marriage, entitled to inherit from you, or have a claim against your estate. One witness can't be your attending physician or healthcare provider.

Medical Power of Attorney.

A Texas Medical Power of Attorney must be signed by you and either notarized or witnessed by two qualified adults. Your agent can make any healthcare decision you could make yourself. Except they can't consent to voluntary inpatient mental health treatment, convulsive treatment, or psychosurgery.

• -Agent can't be your healthcare provider or employee of your healthcare facility
• -Agent can't be related to your healthcare provider
• -Becomes effective only when you lack decision-making capacity
• -Can be revoked at any time while you have capacity

POLST equivalent: Texas DNR.

Texas uses an Out-of-Hospital DNR (OOH-DNR) form, which is a physician order that instructs emergency medical personnel not to attempt resuscitation. It must be signed by your physician and either you or your legally authorized representative. The standard form is bright orange.

Where do I get Texas's advance directive form?

Start with Texas Health & Safety Code Chapter 166 (Advance Directives Act), as amended by HB 3162 (88th Leg., 2023), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

Does Texas require a notary or witnesses for an advance directive?

Texas requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

48-hour waiting period.

Texas generally prohibits a crematory from cremating remains before 48 hours after the time of death shown on the death certificate. A justice of the peace or medical examiner, or a court order, may waive the waiting period in writing. The crematory must also receive the authorizations and records Texas law requires.

Authorization requirements.

Cremation requires written authorization from the person with the right to control disposition. Health & Safety Code § 711.002 sets the priority order: (1) the person named in a written instrument signed by the decedent, (2) the surviving spouse, (3) any one of the adult children, (4) either parent, (5) any one of the adult siblings, (6) the estate's executor or administrator, (7) any adult in the next degree of kinship to inherit. Any one adult child can authorize; there's no majority rule.

Source: Texas Health & Safety Code § 711.002 (right to control disposition) ↗

Scattering ashes.

Texas law does cover scattering. Health & Safety Code §§ 716.302(e) and 716.304 allow scattering over uninhabited public land, over a public waterway or sea, or on private property with the owner's written consent. Unless the container is biodegradable, the remains must be removed from the container before scattering. Ocean scattering also requires EPA notification within 30 days.

• -Ocean scattering: minimum 3 nautical miles from shore; EPA notification within 30 days
• -Private property: the owner's written consent is required (§ 716.302(e)(3))
• -Texas state parks: contact the specific park for permit requirements
• -Non-biodegradable containers: remove the remains before scattering (§ 716.304)

Home burial.

Home burial on private property is permitted in Texas, subject to local zoning ordinances and county regulations. There's no state law prohibiting it, but local rules vary significantly. Contact your county health department and local zoning authority before proceeding.

Body donation.

Texas allows whole body donation to medical schools and research institutions. The Uniform Anatomical Gift Act (Texas Health & Safety Code Chapter 692A) governs body donation. Contact the receiving institution directly. Most have their own programs and will handle transportation at no cost to the family.

Who decides what happens to the body in Texas

Texas sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. person named on a DD Form 93 or successor form, where the decedent died in a manner described by 10 U.S.C. §§ 1481(a)(1) through (8) (§ 711.002(a-2): the form controls over any other written instrument)
2. decedent's own written directions in a will, a prepaid funeral contract, or a written instrument signed and acknowledged by the decedent (§ 711.002(g))
3. designated agent (person designated in a written instrument signed by the decedent)
4. decedent's surviving spouse
5. any one of the decedent's surviving adult children
6. either one of the decedent's surviving parents
7. any one of the decedent's surviving adult siblings
8. any one or more of the duly qualified executors or administrators of the decedent's estate
9. any adult person in the next degree of kinship in the order named by law to inherit the estate

Naming someone in advance. Yes, and the form is printed in the statute: the APPOINTMENT FOR DISPOSITION OF REMAINS at Tex. Health & Safety Code § 711.002(b). Under § 711.002(c) the instrument is legally sufficient if it designates a person to control disposition, is signed by the decedent, the decedent's signature is acknowledged, and the agent or successor agent signs before acting. It names successors, it can only be modified or revoked by a later instrument meeting the same requirements, and unless the instrument says otherwise the designation of a spouse is revoked automatically on divorce, annulment, or a decree that the marriage was void. A DD Form 93 in effect at death overrides it for a qualifying servicemember, and is legally sufficient if properly completed, signed and witnessed as the form requires. Separately, a person may leave binding written directions in a will, a prepaid funeral contract, or a signed and acknowledged instrument under § 711.002(g).

When the same tier disagrees. Tex. Health & Safety Code § 711.002(k): "Any dispute among any of the persons listed in Subsection (a) concerning their right to control the disposition, including cremation, of a decedent's remains shall be resolved by a court with jurisdiction over probate proceedings for the decedent, regardless of whether a probate proceeding has been initiated." A cemetery organization or funeral establishment is not liable for refusing to accept, inter, or otherwise dispose of the remains until it receives a court order or other suitable confirmation that the dispute is resolved. Under § 711.002(l-2) the probate court must expedite the case where the dispute involves a person disqualified under subsection (l).

Texas ties the right to the bill and to a family-violence disqualification. Under § 711.002(a-3) the person exercising the right, other than an executor or administrator, is personally liable for the reasonable cost of interment and may seek reimbursement from the estate; where an executor or administrator exercises it, the estate is liable and the executor is not personally. Under § 711.002(l) a person may not control disposition if, in connection with the death, they have been arrested or an arrest warrant has issued for a Penal Code Chapter 19 crime involving family violence against the decedent, or if the decedent had applied for or a court had issued a protective order against them under the listed provisions. Under § 711.002(a-1) the right terminates and passes on if the holder fails to make final arrangements or appoint someone to do so by the earlier of the 6th day after learning of the death or the 10th day after the death.

Source: Tex. Health & Safety Code § 711.002 (Disposition of Remains; Duty to Inter) ↗

If you can't afford the funeral in Texas

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. No statewide payment. Texas indigent burial is run county by county under the commissioners court, with names like Pauper Burial Assistance (Bexar County), the Bereavement Program (Harris County) and the Indigent Burial Program or TCIBP (Travis County). A family finds theirs by calling the county's social services, community development, or health and human services department in the county where the person died. County commissioners courts, through county departments: Bexar County Economic & Community Development (Social Services), Harris County Housing & Community Development (Bereavement Program), Travis County Health & Human Services

What it pays. not published. Bexar County describes what it gives, not a dollar figure: 'Bexar County provides a simple, respectful, and dignified service for families with no funding for a funeral/burial service,' and on approval can provide 'Funeral Services, Burial Services, Cremation, Retrieval of the body.' Travis County's official page says 'TCIBP provides burial services at no cost.' Harris County's official Bereavement Services page publishes no amount either.

What disqualifies you. Bexar County, verbatim: 'Deceased individuals living in Bexar County 30 days before death. Must have passed in Bexar County. Having died of natural cause. Without a Will. Eligibility will be determined based on the decedent's income for the last 30 days. If the decedent resides with the legal next of kin, all household income will be included. Income eligibility is determined based on the federal poverty level.' Also: 'Families with a life insurance policy, pre-need agreement with a funeral home or that have purchased a cemetery plot are not eligible for assistance.' Travis County requires the person to have died in Travis County or been a resident at death, plus 'A referral from a TCIBP contracted Funeral Home is required.'

The official page ↗

2. If the death was caused by a crime. 'The CVC Program will pay $6,500 for funeral and burial costs up to for crimes after July 14, 2016. For crimes before this date, different limits may apply.' (That sentence is garbled on the state's own page; the figure is $6,500.) The page adds: 'Costs for transporting the deceased over 50 miles one way is not counted towards the funeral limits,' and the program 'is a last-resort option', so burial insurance has to be used first.

Texas crime victim compensation ↗

3. Money the person was already owed. Search Texas's unclaimed property before you borrow anything. Searching and claiming are free.

Texas unclaimed property ↗

Call the county before you sign anything, because these programs won't reimburse a contract you already signed. Bexar County states flatly that it 'does not give financial support to help with funeral/burial agreements already made,' and it makes you show written quotes from at least three funeral homes before you can even apply. Two state-level sources went unread: hhs.texas.gov, which hosts the statewide Burial or Cremation Assistance Registry, returned 403 Access Denied (Akamai) on every attempt including the domain root, and statutes.capitol.texas.gov serves a JavaScript-only shell for Health & Safety Code chapter 694 in both HTML and PDF form, so the pauper's burial statute itself is unread.

At a Glance

Good news: Texas has no estate tax and no inheritance tax.

Texas doesn't impose a state estate tax or an inheritance tax. Texas repealed its estate tax in 2015. Beneficiaries who inherit from a Texas estate pay no Texas tax on what they receive, regardless of the amount.

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026 ($30 million for married couples with proper planning). Estates below this threshold owe no federal estate tax. The Working Families Tax Cuts Bill (Public Law 119-21) made the higher exemption permanent in 2025.

Capital gains on inherited property.

Inherited property receives a 'stepped-up basis' for federal income tax purposes. Meaning the cost basis is reset to the fair market value at the date of death. If you sell inherited property shortly after inheriting it, you may owe little or no capital gains tax. This is a significant tax benefit of inheritance.

Does Texas have an estate tax?

No. Texas has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Texas have an inheritance tax?

No. Texas doesn’t tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Register through the Texas Donor Registry.

Texas uses an opt-in donor registry. You can register when you get or renew your driver's license or ID at the DPS, or online at DonateLifeTexas.org. Registration is legally binding. Family members can't override an adult donor's decision.

First-person authorization.

Texas follows the Revised Uniform Anatomical Gift Act. A registered donor's decision is legally binding: nobody else can make, amend, or revoke the gift after your death (Texas Health & Safety Code § 692A.008(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (§ 692A.008(g)). If you're not registered, your next of kin, in priority order, can authorize donation. Organ procurement organizations still consult families in practice, so tell yours what you decided.

Source: Texas Health & Safety Code § 692A.008 (preclusive effect of anatomical gift, amendment, or revocation) ↗

What can be donated.

Organs (heart, lungs, liver, kidneys, pancreas, intestines), tissues (corneas, skin, bone, heart valves, tendons), and the whole body for medical research. One donor can save up to 8 lives and improve the lives of more than 75 people through tissue donation.