What to Do When Someone Dies in Texas

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.

How do I get a death certificate in Texas?

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 - you generally don’t need to contact the state directly yourself. See our general guide on getting death certificates for how many you’ll likely need.

What is independent administration in Texas probate?

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.

Is there a simplified process for small estates in Texas?

Yes - 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.

How does Texas’s homestead law affect a surviving spouse?

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.

Who can authorize cremation in Texas?

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.

What does community property mean for a surviving spouse in Texas?

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 can I 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.