After a death in Texas: what to do, step by step

Step 1: Get death certificates

Where to order: The local registrar or county clerk, or Texas DSHS Vital Statistics (official site). The funeral home usually orders the first certified copies for the family.

Eligibility rules and fees for this state are not yet verified on this site; check the official vital records office.

How many to order →

Step 2: Find and file the will

No general filing deadline, but timing matters. Texas has no rule requiring the original will to be deposited after death. However, a will does not prove title to property until it is admitted to probate, and generally it cannot be admitted after the fourth anniversary of the death unless the applicant was not in default. When someone applies to probate the will, the original must be filed with the application if they have it, and it stays with the county clerk.

Where: County clerk of the county with venue (probate court).

• A will is not effective to prove title to property until admitted to probate. Source: Tex. Estates Code § 256.001, checked Oct 29, 2026.
• A will generally cannot be admitted to probate after the fourth anniversary of the death. Source: Tex. Estates Code § 256.003, checked Oct 29, 2026.
• The applicant must file the original will with the application if it is in their control. Source: Tex. Estates Code § 256.053, checked Oct 29, 2026.

How to file a will →

Step 3: Decide whether probate is needed

Texas shortcut: Small estate affidavit for intestate estates up to $75,000 (excluding homestead and exempt property), after 30 days.

• When someone dies without a will, heirs can use a small estate affidavit if 30 days have passed, no administration is pending, and estate assets (excluding homestead and exempt property) do not exceed $75,000. The affidavit is sworn by two disinterested witnesses and the distributees and must be approved by the judge. Source: Tex. Estates Code §§ 205.001–.002, checked Oct 29, 2026.

Texas probate & small estates → · When do you need probate?

Step 4: Find the right court

File in the county where the person lived. Texas probate courts by county →

Official forms, fees and e-filing:

• eFileTexas (statewide e-filing)
• Find a Texas court (Texas Judicial Branch directory)

Step 5: Creditors and debts

Within 1 month after receiving letters, the personal representative must publish a notice to claimants in a local newspaper (and send it to the Comptroller if the decedent owed or should have paid state taxes it administers). Within 2 months, the representative must notify known secured creditors. The representative may also send unsecured creditors a notice that they must present claims before the 121st day after they receive it.

• Publish notice to claimants within one month after receiving letters. Source: Tex. Estates Code § 308.051, checked Oct 29, 2026.
• Notify known secured creditors within two months after receiving letters. Source: Tex. Estates Code § 308.053, checked Oct 29, 2026.
• Optional notice to unsecured creditors: claim must be presented before the 121st day after receipt. Source: Tex. Estates Code § 308.054, checked Oct 29, 2026.

How to find debts →

Step 6: Assets, taxes, distribution and closing

Find assets, file the final income tax return, pay valid debts, distribute, and close the estate with the court if a case was opened.

Find assets · Final tax return · Executor checklist

Documents you will usually need

• Certified death certificates
• The original will, if there is one
• Court letters (testamentary or of administration) once appointed
• An IRS EIN for the estate bank account
• Account statements, deeds, titles and insurance policies