Texas

At a Glance

The 10-day rule.

In Texas, a death certificate must be filed with the Texas Vital Statistics Unit within 10 days of death and before the body is buried, cremated, or transported out of state. The funeral director or person in charge of disposition is responsible for filing. The attending physician must certify the cause of death within 5 days of receiving the certificate.

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 spouse, parent, child, or sibling; legal representatives; and others who demonstrate 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)
• –Allow 4–6 weeks by mail; expedited options available through VitalChek
• –Local county clerk offices may provide faster turnaround

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

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 under $75,000 excluding homestead, no will), heirs can use a Small Estate Affidavit to collect assets without court involvement. You must wait 30 days after death before filing the affidavit with the probate court.

• –Wait 30 days from date of death
• –Gross estate value must be under $75,000 (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

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, §§ 114.001–114.106 (Texas Real Property Transfer on Death Act). Record it while you are 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, §§ 114.001–114.106 (Texas Real Property Transfer on Death Act) ↗

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 does not 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 or parents): everything, all community and all separate property.
• –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 cannot be related to you by blood or marriage, entitled to inherit from you, or have a claim against your estate. One witness cannot 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 cannot consent to voluntary inpatient mental health treatment, convulsive treatment, or psychosurgery.

• –Agent cannot be your healthcare provider or employee of your healthcare facility
• –Agent cannot 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?

The controlling law is Texas Health & Safety Code Chapter 166 (Advance Directives Act), linked as this section's source. Most people use the free statutory form: Texas's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

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 requires a minimum 48-hour waiting period after death before cremation can proceed. The death certificate must be filed and a cremation permit obtained from the local registrar before cremation.

Authorization requirements.

Cremation requires written authorization from the person with the right to control disposition. Texas law establishes a priority order: (1) person designated in a written authorization signed before death, (2) spouse, (3) adult children (majority if multiple), (4) parents, (5) adult siblings, (6) other relatives.

Scattering ashes.

Texas law does not specifically regulate the scattering of cremated remains on private property (with owner's permission) or at sea. Ocean scattering requires EPA notification within 30 days. Scattering on public land requires permission from the relevant authority.

• –Ocean scattering: minimum 3 nautical miles from shore; EPA notification within 30 days
• –Private property: permission of landowner required
• –Texas state parks: contact the specific park for permit requirements
• –No specific Texas statute prohibits scattering on private land with owner's consent

Home burial.

Home burial on private property is permitted in Texas, subject to local zoning ordinances and county regulations. There is 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.

At a Glance

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

Texas does not 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 One Big Beautiful Bill Act 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 does not 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 One Big Beautiful Bill Act (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 cannot override a registered donor's decision.

First-person authorization.

Texas follows the Uniform Anatomical Gift Act (UAGA). A registered donor's decision is legally binding and cannot be overridden by family members. If you are not registered, your next of kin, in priority order, can authorize donation.

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.