What Families Need to Know After a Death in Texas

Texas has one of the most executor-friendly probate systems in the country — independent administration lets personal representatives settle most estates with little ongoing court involvement. But Texas also has unique rules around community property, homestead protections, and Medicaid recovery that every family needs to understand. This guide covers the areas where Texas law most affects what you need to do after a death.

Probate
Probate & Small Estates in Texas

Texas probate is filed in the county court or statutory probate court of the county where the deceased lived. Texas has several simplified options that can help families avoid or minimize court involvement.

The small estate affidavit (Estates Code Chapter 205) is available only when the deceased left no will, the estate's assets (not counting the homestead and exempt property) are worth $75,000 or less, at least 30 days have passed since the death, and no one has applied to open probate. It is sworn by each heir and two disinterested witnesses, filed with the court, and must be approved by the judge. It generally covers personal property only; the one exception is the homestead, which can pass under the affidavit if it is the only real estate in the estate (Estates Code § 205.006).

Independent Administration is what makes Texas especially family-friendly: once the court appoints a personal representative, that representative can manage and close the estate with no ongoing court supervision. No court approval is needed for most decisions about collecting assets, paying debts, and distributing property. It is available when the will requests it, or when all of the heirs or beneficiaries agree to it (Estates Code §§ 401.001–401.003).

Muniment of Title is a uniquely Texan procedure available when the deceased left a valid will and the estate owes no unpaid debts other than debts secured by liens on real estate, such as a mortgage (Estates Code § 257.001). The court admits the will to probate at a short hearing, but no executor is appointed and there is no administration. A certified copy of the will and the court's order can then be recorded in the county deed records and shown to banks as proof of ownership. This is one of the fastest and least expensive options when the conditions are met.

When an estate goes through administration, Texas has no single creditor deadline. The personal representative publishes a notice to creditors within one month of appointment, and can send unsecured creditors a written notice that bars their claims unless they are presented within 120 days of receiving it (Estates Code §§ 308.051, 308.054).

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Texas. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Texas

A valid Texas will requires the signature of the testator plus two witnesses who are at least 14 years old and who sign the will in the testator's presence (Estates Code § 251.051). Notarization is not required for a valid will.

However, Texas allows a self-proving affidavit — a notarized statement by the testator and witnesses attached to the will. If the will is self-proved, the witnesses do not need to testify in court when the will is submitted to probate, which significantly speeds up the process. Most Texas attorneys automatically add a self-proving affidavit when drafting wills.

Texas recognizes holographic wills: a will written entirely in the testator's own handwriting and signed is valid without any witnesses. While legally enforceable, holographic wills are more frequently challenged and should not substitute for a properly witnessed will when possible.

Texas does not recognize oral (nuncupative) wills made on or after September 1, 2007, when the former Probate Code provisions allowing them were repealed.

Advance Directive
Advance Directives in Texas

Unlike California's combined form, Texas uses two separate documents for advance healthcare planning — both are equally important and ideally executed together.

The Directive to Physicians (also called a living will) states the patient's treatment preferences regarding life-sustaining treatment and artificially administered nutrition. To be valid, it must be signed by the patient either in front of two adult witnesses or before a notary public (Health and Safety Code § 166.032). At least one witness cannot be the patient's chosen decision-maker, a relative, an heir or beneficiary, the attending physician or their employee, certain employees of the patient's health care facility, or anyone with a claim against the estate (§ 166.003).

The Medical Power of Attorney names a healthcare agent to make medical decisions when the patient cannot. This document requires either two witnesses (with the same restrictions as above) or a notary public. The agent cannot be the patient's health care provider or residential care provider, or an employee of either unless the employee is a relative (§ 166.153).

For patients who do not want resuscitation outside a hospital, Texas also has a separate Out-of-Hospital DNR form, signed by both the patient (or legally authorized representative) and the attending physician.

Some Texas providers also use a voluntary MOST form (Medical Orders for Scope of Treatment), the Texas version of a POLST. It is a physician-signed medical order for patients with serious illness, separate from the advance directive documents.

Community Property
Community Property Rules in Texas

Texas is a community property state. All property acquired by either spouse during the marriage is jointly owned 50/50, regardless of whose name appears on the title or account. Separate property — owned before marriage, or received as a gift or inheritance during marriage — belongs solely to the individual spouse.

At death, the deceased can only dispose of their half of community property through a will. The surviving spouse's half is already theirs and does not pass through the estate at all. This distinction is critical when reviewing the deceased's assets: not everything titled in their name may be entirely theirs to give away.

Texas allows spouses to sign a Community Property Survivorship Agreement — a written agreement that causes community property to pass automatically to the surviving spouse at death, without probate. This is similar to joint tenancy with right of survivorship, but specifically for community property. If such an agreement exists, the surviving spouse should present it to any institution holding the relevant accounts or title along with the death certificate.

Texas homestead protections are among the strongest in the country. The homestead passes under the will or intestacy law like other real estate, but it cannot be partitioned among the heirs while the surviving spouse lives there — the surviving spouse has a constitutional right to keep living in the home for life, even if the will leaves it to someone else (Texas Constitution art. XVI, § 52; Estates Code § 102.005). A guardian of the deceased's minor children can have the same right to occupy the home under a court order.

Both halves of community property receive a stepped-up cost basis at the death of either spouse — the same tax advantage available in California. This can significantly reduce capital gains taxes if the surviving spouse later sells the property.

Vehicle Transfer
Transferring a Vehicle After Death in Texas

Texas allows heirs to transfer vehicles without opening probate using Form VTR-262 (Affidavit of Heirship for a Motor Vehicle). This form can be used when no will is being probated and no administration is necessary, or when a court has determined that no administration is necessary.

The heirs sign Form VTR-262 before a notary public. If there is a surviving spouse, the spouse is usually the only heir who needs to sign, unless the deceased had children with someone else; then those children sign too. With no surviving spouse, all of the deceased's children sign. If there is a will, the signers must agree it will not be offered for probate. The completed form goes to your county tax assessor-collector's office with a title application (Form 130-U), a lien release if the title shows a lien, and the transfer fee.

If the estate is going through probate and the executor has received Letters Testamentary from the court, the standard title transfer process applies — the executor uses the letters to transfer title through the Texas Department of Motor Vehicles.

Vehicles held in a living trust transfer to the successor trustee without involving the DMV affidavit process — a practical advantage of trust-based planning in Texas.

Medicaid Recovery
Medicaid Estate Recovery in Texas

Texas operates the Medicaid Estate Recovery Program (MERP), which allows the state to seek reimbursement for long-term care costs paid on behalf of Medicaid recipients who were 55 or older when they received those services.

Texas limits MERP to the probate estate: property that passes through probate court. It does not recover from assets that pass directly to someone outside probate, such as life insurance with a named beneficiary, payable-on-death bank accounts, or accounts with right of survivorship (HHSC MERP FAQs). MERP covers long-term care services received after March 1, 2005, and a recipient does not have to be receiving services at the time of death for a claim to be filed. It recovers only the cost of certain long-term care services received after age 55 (HHSC MERP FAQs).

Under federal law, recovery is deferred while a surviving spouse is living, a child under age 21 is living, or a blind or disabled child of any age is living (42 U.S.C. § 1396p(b)(2)). The deferral delays the claim; it does not erase it.

HHSC's estate recovery contractor usually sends a Notice of Intent to File a Claim within 30 days of learning of the death. If the deceased received Medicaid long-term care, contact the Texas Health and Human Services Commission (HHSC) early so any claim is known before assets are distributed. Families facing hardship can apply for an undue hardship waiver on HHSC's Form 5006, and HHSC includes that information with the Notice of Intent.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.

Death Certificates
Getting a Death Certificate in Texas

Texas death certificates are issued by the Texas Department of State Health Services (DSHS), Vital Statistics Section, or through the local registrar in the county where the death occurred. A certified copy costs $20 for the first copy and $3 for each additional copy ordered at the same time.

Texas restricts who can request a certified copy to immediate family members, the person named as executor or administrator, or someone with a documented legal interest in the estate. Funeral homes typically file the death record electronically and can request copies on the family's behalf at the time of filing — tell them how many you'll need before they submit.

Order 10–12 copies upfront. Texas estates typically need certified copies for the small estate affidavit or Muniment of Title filing, the VTR-262 vehicle affidavit, bank and brokerage accounts, life insurance claims, and Social Security. Order online through Texas DSHS Vital Statistics or through the county clerk. See our guide on how many death certificates you need.

Taxes
Estate Tax in Texas

Texas has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and it affects only estates above the federal exemption — $15 million per person in 2026. The vast majority of Texas families owe no estate tax at any level, at the state or federal level.

Texas's lack of a state income tax also means the estate itself owes no Texas income tax on income earned during administration, though a federal fiduciary income tax return (Form 1041) may still be required if the estate earns income. Combined with strong homestead protections and community property's stepped-up cost basis, Texas is generally one of the more tax-favorable states for settling an estate.

Intestacy
What Happens Without a Will in Texas

Texas intestacy law (Estates Code Chapter 201) applies when no valid will exists, and — like other community property states — the outcome depends heavily on whether the deceased's children are also the surviving spouse's children.

For community property: if every surviving child or descendant of the deceased is also a child or descendant of the surviving spouse, the spouse inherits the deceased's entire half of the community estate. But if the deceased has a surviving child or descendant who is not also the surviving spouse's — for example, a child from a prior relationship — the deceased's half of the community property passes to that child or descendant instead of the spouse. The surviving spouse keeps their own half of the community property either way.

For separate personal property, if descendants survive, the spouse inherits one-third and the descendants split the remaining two-thirds. For separate real property, the spouse receives a life estate in one-third of the property, with the remainder interest and the other two-thirds passing outright to the descendants. If there are no descendants, the surviving spouse inherits all separate personal property and half of the separate real property; the other half of the real property goes to the deceased's parents, siblings, or siblings' descendants. The spouse inherits everything only if none of those relatives survive (Estates Code § 201.002).

This is one of the more consequential rules for blended families in Texas — remarried parents with children from a prior relationship should not assume the surviving spouse automatically inherits everything. See our what happens if you die without a will guide for the national picture.

Bereavement Leave
Bereavement Leave in Texas

Texas has no state law requiring private employers to provide bereavement leave. Federal law does not require it either — the FMLA covers only the employee's own serious health condition or that of a family member, not time off to grieve. Bereavement leave in Texas is entirely a matter of employer policy.

Most mid-size and large Texas employers offer 3–5 days of paid bereavement leave as a voluntary benefit, and many allow employees to use accrued sick leave or PTO for additional time. Check your employee handbook and ask HR directly — policies vary widely and are rarely publicized until someone needs them. For a state-by-state comparison, see our bereavement leave by state guide.

Resources
Texas Estate Resources

These Texas-specific resources cover the most common steps families need after a death:

• Texas Law Help: Probate Court Basics — self-help guidance for Texas probate and small estate procedures
• State Bar of Texas Lawyer Referral Service — find a probate attorney in your county
• Texas RioGrande Legal Aid — free legal aid for qualifying low-income Texas families
• Texas DSHS Vital Statistics — order certified death certificates
• TxDMV — vehicle title transfer instructions after death (Form VTR-262)
• Texas HHSC: Guide to the Medicaid Estate Recovery Program — MERP claims and determinations