What to Do When Someone Dies in Texas
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Texas has some distinct rules worth knowing: it allows 'independent administration' of estates, which is often faster and less court-supervised than probate in many other states; a small estate affidavit process exists for smaller estates without a will; Texas is a community property state; and strong homestead protections affect how a family home is handled after a death. Death certificates are obtained through the Texas Department of State Health Services or, more commonly in practice, through the funeral home.
Texas has several distinct legal features that make handling a death here somewhat different from many other states — mostly in ways that can simplify the process.
Death certificates
Certified death certificates in Texas are issued through the Texas Department of State Health Services (DSHS) Vital Statistics office. In practice, the funeral home you’re working with typically handles ordering these on your behalf as part of their standard process — see our general guide on getting death certificates for how many you’ll likely need.
Probate: independent administration
One of Texas’s most distinctive features is independent administration — if a will specifically authorizes it (or, in some situations, if all heirs agree even without a will specifying it), an estate can be administered with minimal ongoing court supervision. This is often faster and less expensive than the more heavily court-supervised probate process common in many other states. If you’re writing a will in Texas, discussing this option with an attorney is worth it specifically because of this potential benefit.
Small estate affidavit
Texas offers a small estate affidavit process for qualifying estates — generally smaller estates without a will and without real property other than a homestead. This can allow heirs to access certain assets without going through a full probate proceeding. Specific value thresholds and requirements change and should be confirmed with an attorney or the local probate court rather than assumed.
Homestead protections
Texas has particularly strong homestead protections. These generally allow a surviving spouse to continue living in the family home regardless of certain provisions in a will, and can protect the home from many types of creditor claims. This is a distinctly Texas-specific legal feature that can matter significantly for a surviving spouse — worth discussing with an attorney if it’s relevant to your situation.
Authorizing cremation
Texas law specifies a legal hierarchy for who can authorize cremation in the absence of the deceased’s own written authorization — generally a spouse first, then adult children, then parents. A funeral home can confirm exactly who qualifies for a specific family’s situation.
Community property
Texas is one of only nine U.S. community property states (alongside Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Washington, and Wisconsin — all covered elsewhere in this series). Property and debt acquired during a marriage are generally treated as jointly owned by both spouses. This affects how assets pass to a surviving spouse and can mean some shared responsibility for certain marital debts, regardless of whose name is on a specific account — see our general guide on handling debts after a death for the broader context.
Where to get help
- Texas DSHS Vital Statistics for death certificate questions
- State Bar of Texas for attorney referrals, including probate and estate specialists
- A local funeral home, which routinely navigates these Texas-specific processes
Texas law can change, and this is general educational information, not legal advice. Please consult a Texas-licensed attorney for guidance specific to your situation.
Frequently asked questions
How do I get a death certificate in Texas?+
The funeral home you're working with typically handles ordering certified copies through the Texas Department of State Health Services Vital Statistics office on your behalf — you generally don't need to contact the state directly yourself.
What is independent administration in Texas probate?+
Texas allows an estate to be administered with minimal court supervision if the will specifically authorizes it (or all heirs agree, in some cases without a will) — this is often faster and less expensive than the more court-supervised probate process common in many other states.
Is there a simplified process for small estates in Texas?+
Yes — Texas offers a small estate affidavit process for qualifying estates below a certain value with no real property (other than a homestead) and no will, which can avoid a full probate proceeding. Specific thresholds and requirements should be confirmed with an attorney or the local probate court.
How does Texas's homestead law affect a surviving spouse?+
Texas has strong homestead protections that generally allow a surviving spouse to continue living in the family home regardless of how it's addressed in a will, and can protect the home from certain creditor claims — this is a distinctly Texas-specific protection worth understanding if it applies to your situation.
Who can authorize cremation in Texas?+
Texas law specifies a hierarchy of who can authorize cremation, generally starting with a spouse, then adult children, then parents, in the absence of the deceased's own written authorization — a funeral home can confirm exactly who qualifies in a specific family situation.
What does community property mean for a surviving spouse in Texas?+
Property and debt acquired during a marriage are generally treated as jointly owned by both spouses, which can affect how assets pass to a surviving spouse and can mean some shared responsibility for certain marital debts, regardless of whose name is on a specific account.
Sources
Related glossary terms
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