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 six 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 is available when the total value of personal property (not counting homestead or exempt property) is $75,000 or less, and at least 30 days have passed since the date of death. It can only be used for personal property — not real estate — and all heirs must sign. This is a court-filed document, not simply a private affidavit.

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. Texas law makes independent administration the default when the will requests it or all heirs agree.

Muniment of Title is a uniquely Texan procedure available when the deceased left a valid will AND there are no unpaid debts (other than a mortgage secured by homestead property). In this case, heirs can transfer title to property by simply filing the will in the county deed records — no administration at all. This is one of the fastest and least expensive options available when the conditions are met.

When full administration is required, the creditor period is 4 months from the date the personal representative is appointed.

Wills
Will Signing Requirements in Texas

A valid Texas will requires the signature of the testator plus two adult witnesses who are present when the testator signs (or when the testator acknowledges the signature). Witnesses do not need to sign in each other's presence, though this is common practice. 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 except in very limited circumstances involving members of the armed forces or maritime personnel during active conflict.

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 and two witnesses. One witness cannot be a healthcare provider or employee of the patient's healthcare facility, and one cannot be an heir or beneficiary of the patient's estate.

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 healthcare provider, the operator of a residential care facility where the patient lives, or an employee of those facilities.

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.

Texas uses the MOST form (Medical Orders for Scope of Treatment) — the state's equivalent of a POLST — which is a physician-signed medical order governing life-sustaining treatment for patients with serious illness. The MOST is distinct from the advance directive documents and carries the force of a physician order.

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 cannot be devised to anyone other than the surviving spouse while the spouse is alive. After the spouse's death, the homestead passes to the deceased's lineal descendants. This rule applies even if the will attempts to leave the homestead to someone else.

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 there is no will being probated, or when the estate is not going through formal administration.

To use Form VTR-262, two disinterested witnesses (people with no financial interest in the estate) must sign the affidavit before a notary public. The completed form, along with the original title (if available) and a certified copy of the death certificate, is submitted to a Texas DMV regional service center along with the applicable 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 uses an expanded estate definition that goes beyond the standard probate estate. This means MERP can potentially recover from certain life estates and assets held in certain trusts — not only assets that pass through the probate court. This is an important distinction from California's post-2024 reform, which limits recovery to the probate estate only. In Texas, a revocable living trust does not fully protect assets from MERP.

Recovery is waived when any of the following apply: a surviving spouse is living, a child under age 21 is living, or a blind or disabled child of any age is living.

Heirs should contact the Texas Health and Human Services Commission (HHSC) within 60 days of the Medicaid recipient's death to notify them and request information about any potential claim. Waiting too long can complicate the estate settlement process.