What to Do After a Death in Texas: Step‑by‑Step Checklist
By Corpus Christi Probate Attorney R.F. Michael Snodgrass of Snodgrass Law Firm
Last updated February 4, 2026
Losing a loved one is overwhelming. On top of grief, Texas families are suddenly faced with legal, financial, and practical decisions - often with little guidance. This checklist walks you step-by-step through what to do after someone dies in Texas, so you can protect yourself, honor your loved one, and avoid costly mistakes. Call or contact us to discuss your situation before problems arise.
📞 Call, Text, or Email Snodgrass Law Firm today or
📩 Schedule a confidential consultation online
Immediate Steps (First 24–72 Hours)
1. Obtain a Legal Pronouncement of Death
If the death occurs in a hospital or hospice, staff will handle this.
If the death occurs at home, call 911 or the hospice nurse.
You will need a formal pronouncement before any further steps can occur.
2. Secure the Home, Vehicles, and Personal Property
Lock the residence
Secure vehicles
Safeguard valuables, documents, and firearms
⚠️ Do not distribute property yet. Doing so too early can create legal problems later.
Read about What an Executor Cannot Do in Texas
3. Locate the Will, Trust, or Estate Planning Documents
Look for:
Last Will and Testament
Trust documents
Deeds
Life insurance policies
Bank and retirement account statements
If no will exists, Texas intestacy laws will control who inherits.
Read about Dying Without a Will in Texas
4. Contact a Funeral Home
The funeral home will:
Arrange burial or cremation
Coordinate transportation
Help order death certificates
You do not need to pay for everything immediately or choose premium services.
Legal & Financial Steps (First 30 Days)
5. Order Multiple Certified Death Certificates
Most families need 5–10 certified copies for:
Banks
Life insurance
Real estate transfers
Retirement accounts
6. Notify Close Family, Employer, and Relevant Agencies
Notify:
Immediate family members
Employer (for final pay and benefits)
Social Security Administration
Veterans Affairs (if applicable)
7. Do NOT Use or Transfer Assets Yet
Avoid:
Using bank accounts
Selling vehicles or real estate
Distributing personal property
Even spouses can accidentally create legal liability by acting too soon.
Read about Executor Misconduct in Texas
8. Determine Whether Probate Is Required
Probate may be required depending on:
Whether there is a will
Whether assets were held jointly
Whether assets had named beneficiaries
Some estates qualify for small estate affidavits or muniment of title.
Read about Probate in Texas
Probate & Estate Administration
9. File the Will With the Texas Court
Texas law requires the will to be filed with the probate court, even if probate may not be necessary.
Deadlines apply.
10. Open Probate and Appoint an Executor or Administrator
The court must formally authorize someone to:
Collect assets
Pay debts
Distribute property
Until this happens, no one has legal authority.
11. Pay Valid Debts and Taxes
Texas estates may need to address:
Final medical bills
Credit cards
Property taxes
Federal income taxes
⚠️ Heirs are not personally responsible for most debts, but mistakes can change that.
12. Distribute Assets According to the Will or Texas Law
Only after debts and court requirements are satisfied should distributions occur.
Read about Estate Administration in Texas
Common Mistakes to Avoid After a Death in Texas
Using the deceased’s bank account
Selling property too early
Failing to probate within deadlines
Trusting verbal promises instead of legal documents
When to Contact a Texas Probate Attorney
You should speak with an attorney if:
There is no will
Family members disagree
Property or businesses are involved
You suspect executor misconduct
You want to avoid personal liability
Read about Probate With a Will or Probate Without a Will
Read about Contested Probate, or Estate Planning to avoid it
Frequently Asked Questions (FAQs)
1. How long do I have to probate a will in Texas?
Generally, four years from the date of death, with limited exceptions.
2. Do I need probate if there is a will?
Often yes, unless all assets pass outside probate.
3. Can I use the deceased’s bank account to pay bills?
Usually no, unless you are court-authorized.
4. What happens if someone dies without a will in Texas?
Texas intestacy laws determine inheritance. Read our Probate Without a Will page.
5. How much does probate cost in Texas?
Costs vary depending on complexity and disputes.
6. Are heirs responsible for the deceased’s debts?
Generally no, but improper actions can create liability.
7. How many death certificates should I order?
Most families need 5–10.
8. How long does probate take in Texas?
Simple cases may take 2-4 months. Contested cases can take 6-12 months or longer.
9. Can probate be avoided?
Yes, through trusts, beneficiary designations, or affidavits.
10. Should I talk to a lawyer before doing anything?
Yes, early guidance often prevents expensive mistakes down the road.
Need Help After a Death in Texas?
If you’ve recently lost a loved one and don’t know where to start, we can help guide you through probate, estate administration, and next steps — clearly and compassionately.
Call or contact us to discuss your situation before problems arise.
📞 Call, Text, or Email Snodgrass Law Firm today or
📩 Schedule a confidential consultation online
If you would like assistance, contact Corpus Christi Probate Attorney R.F. Michael Snodgrass at info@snodlaw.com or call or text us at 361-239-8332.
Learn more about Probate:
This article is provided for general educational purposes and does not constitute legal advice. No attorney–client relationship is formed by reading this content.
