What Paperwork Do You Need When Someone Dies in Texas?

A Clear, Practical Guide to Death Certificates, Wills & Other Vital Documents

Few people realize how much paperwork follows a death until they have to deal with it firsthand.

This post-death paperwork is not extra red tape or an exercise in futility. It’s often the legal key to accessing bank accounts, transferring property, and confirming guardianship for dependents.

With that, knowing which documents you need after a loved one passes away can make an overwhelming time far more manageable while ensuring crucial steps aren’t overlooked.

Here’s why, detailing:

This guide to essential documents after a loved one passes away is designed to highlight the fundamentals in less than ~4 minutes. 

To explore more insights and answers from experienced Austin probate attorneys, check out New Law Raises Estate Tax Exemption to $15M in 2026, Are You Ready for the Great Wealth Transfer?, and Questions Financial Professionals Should Ask (but Don’t). 

What Documents Do You Need When Someone Dies?

Texas law requires certain documents to establish proof of death, authorize the transfer of assets, and initiate probate, which is the legal process of validating the will. 

Finding these papers and having them available can streamline the next steps while minimizing the chances of unnecessary and costly delays:

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• Certified death certificate(s): A certified death certificate provides legal proof of death and is required by probate courts, banks, insurers, and government agencies before accounts can be closed and property can be transferred. It is recommended to obtain multiple death certificates to give to banks, financial institutions, life insurance, etc.
• Social Security reporting form (SSA-721): This form, often completed by the funeral home, notifies the Social Security Administration (SSA) of the death to prevent benefit overpayments and initiate survivor benefits, when applicable.
• Medical examiner’s or doctor’s statement: This official certification of the cause of death is completed by a physician or medical examiner. It’s typically required for the issuance of an official Texas death certificate.
• Last will and testament: If the decedent had a will, this document will name an executor and dictate how the decedent’s assets are to be distributed. The will can also specify funeral arrangements, guardians for children, and additional instructions for the family and the court. If the decedent handwrote any notes regarding the disposition of assets, you should save this as it may qualify as a holographic will.
• Trust documents: If the decedent created revocable or irrevocable trusts, the documents for these devices can help trustee(s) manage, administer, or terminate the trust(s) outside of probate.
• Insurance policies: Life insurance policies can establish entitlement to proceeds, but claims usually cannot be processed without official proof of death.
• Property deeds and vehicle titles: These ownership documents can come into play when it’s time to transfer real estate and/or vehicles as part of probate or the administration of certain trusts.
• Financial account records: Statements for retirement accounts or investment portfolios can be a required part of estate inventories that occur in Texas probate.
• Business succession documents: If the decedent co-owned or owned a business, partnership agreements, operating agreements, buy-sell agreements, or corporate succession plans may be required to determine how ownership interests transfer and who has authority to manage business operations going forward.

Depending on the circumstances, additional records like franchise agreements, intellectual property rights, and/or contracts may also be important to track down after a loved one dies. 

What Documents Are Needed to Report a Death to Social Security?

The Social Security Administration requires proof of death before adjusting benefits. In most Texas cases, designated authorities like funeral directors can report a death as part of their services.

Whether you or the funeral director handles this, the SSA typically needs:  

• A certified death certificate: This document provides official verification of death for the SSA to prevent fraud.
• The decedent’s social security number (SSN): The decedent’s SSN is necessary to identify their records and stop benefit payments.
• SSA-721 Form: Also referred to as a “Statement of Death by Funeral Director,” this form is generally completed and submitted by funeral directors or funeral homes. Nevertheless, families should confirm it has been submitted.

Once a death has been reported, the SSA will typically review eligibility for survivor benefits for a surviving spouse, dependent children, or, in some cases, dependent parents. In some cases, families may be contacted with requests for additional documentation.

How Many Death Certificates Will I Need?

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It’s usually prudent to order 8 to 12 copies of the death certificate. That’s because:

• It can take up to 25 business days for the Texas Department of State Health Services (DSH) to process orders for death certificates.
• Several institutions will require a copy of the death certificate.

Depending on the decedent and his or her estate, you may need a death certificate for taking the next steps with:

• Probate filings and court records
• Bank and investment accounts
• Life insurance claims
• Property and vehicle title transfers
• Government agencies, like the SSA, the U.S. Department of Veterans Affairs (VA), and/or the Internal Revenue Service (IRS).

You can request death certificates in Texas here and check the status of these requests here.

If your loved one resided in Texas but passed away in another state, you can click here to find out how to request a death certificate outside of the Lone Star State.

3 Documents to Close a Bank Account After Death

Unless the account has a named payable-on-death beneficiary, banks cannot release funds from a decedent’s account until they receive both proof of death and evidence of legal authority from the probate court. This means only the executor named in the will (once admitted to probate) or a court-appointed administrator has the authority to close these accounts.

When acting in that role, the representative will generally need to provide the following documents to the bank:

1. The death certificate: This serves as official proof of death and is required before financial institutions can take action with the account(s).
2. Letters Testamentary or Letters of Administration: Issued by the probate court, these letters grant the executor or administrator legal authority to manage and close accounts on behalf of the estate (Texas Estates Code §306).
3. Identification (ID): The bank may require government-issued ID to confirm the representative’s identity before releasing funds or closing accounts.

If the decedent named beneficiaries on their accounts’ Pay on Death (POD) or Transfer on Death (TOD) designations:

• The funds will typically pass directly to those beneficiaries outside of probate. 
• The bank will still require a certified death certificate.

Legal Documents for Child Custody If Parents Die

When both parents pass away, Texas courts focus on making custody determinations that serve the best interests of the child(ren)—and the court has the final say on the matter.

Still, a will or separate document naming a guardian can strongly influence who is appointed as guardian and how custody is established. That’s because Texas courts typically give strong consideration to the guardians that deceased parents have named in a will when it’s time to determine who will care for orphaned children going forward (Texas Estates Code §1104).

Once the court approves a guardian, it will issue Letters of Guardianship, serving as official proof of the guardian’s legal authority to make decisions and act on behalf of the child.

How Long to Keep Documents After Death

Managing paperwork does not necessarily end once probate is closed and assets have been distributed. While some documents can be discarded once their purpose has been served, others may need to be preserved for years, if not indefinitely. 

The table below highlights recommendations (not requirements) for how long to keep various documents—including how long to keep trust documents and powers of attorney—after a death in Texas. These recommendations may change if probate is contested.

Key Documents	How Long to Keep	Why Keep It?
Death Certificates	Permanently	These documents may be required years after probate for property transfers or legal disputes.
Wills	Permanently or until original filed with the Probate Court	These documents may be required years after probate for property transfers or legal disputes.
Probate Decrees	At least 7 years after probate is closed	These documents may be required years after probate for property transfers or legal disputes.
Tax Records and Estate Accountings	At least 7 years after probate is closed	Retaining these protects against audits and can promote compliance with IRS requirements.
Trust Documents	At least 7 years after the trust is terminated	Trust documents may be needed for future tax inquiries or legal disputes.
Powers of Attorney Documents	Through probate	Powers of attorney end at death, but retaining them until probate is closed may help resolve questions about certain transactions before they become full-blown conflicts.
Bank Statements and Bills	Through probate	These documents can verify that an estate’s debts were paid and accounts were closed in probate.

How to Find a Will

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Since wills are essential documents after a loved one dies, locating the will can be a decisive factor in how smoothly estate administration proceeds.

For anyone unsure about where to start looking, here are some common places to check for wills:

• The decedent’s property, like a safe, home office files, and/or digital files on a computer
• Safe deposit boxes at banks
• The attorney who drafted or updated the estate plan
• The local county clerk’s office, as some Texas counties (like Travis County) allow wills to be deposited for safekeeping for a nominal fee.

Please keep in mind that:

• Finding a will doesn’t mean that you’ve located all versions or the latest copy.
• If a newer version of the will exists, that version will need to be tracked down and submitted to the probate court because it will generally supersede any prior versions.

How to Get a Copy of a Will After Death

After a decedent’s will has been located and filed with the probate court: 

• It becomes part of public record.
• Copies of the will can be obtained from the county clerk’s office.

Executors, beneficiaries, and others can request copies of the will to: 

• Confirm rights, responsibilities, and the details of how the estate is set to be distributed. 
• Evaluate grounds for a potential will contest, reviewing the filed document to determine existing grounds for legal objections, like undue influence or a superseding will.

Are Wills Filed With the State Before Death?

Texas law does not require wills to be filed with the state or anywhere else before someone passes away. There’s also no statewide registry of wills. 

Instead, wills are typically kept by the individual who created them (the grantor) or their attorney.

In some areas, the local county clerk may offer to hold original copies of wills “for safekeeping.” As of August 2025, this was an option in the following counties in Texas: 

• Bexar County
• Fort Bend County
• Johnson County
• Liberty County

How Soon Is a Will Read After Death?

Wills are not generally read out loud by deathbeds or in dramatic gatherings, like we tend to see in the movies. Instead:

• A will in Texas must be submitted for probate within four years of death. 
• Once the will has been filed with the probate court, a hearing is typically scheduled. 
• At the initial probate hearing, the court examines the will to determine if it is valid under Texas law.
• If the judge admits the will to probate, the executor is officially appointed, and Letters Testamentary are issued, granting the executor legal authority to act on behalf of the estate.

So, while there is often a hearing to review the will, there is no ceremonial “reading” of it. 

Instead, the probate process itself serves to confirm the will’s validity and to give the executor authority to carry out its terms.

Do Attorneys Keep Copies of Wills?

Yes, some do. Many Texas attorneys retain estate planning files, including copies of wills they’ve drafted or updated, for years or indefinitely, unless instructed otherwise. 

So, contacting the drafting attorney can be an effective way to:

1. Confirm the existence of a will.
2. Locate copies of a decedent’s will or the latest version of it.

Experienced Support for What’s Next

The paperwork that follows a death in Texas can serve as a framework for protecting families, securing property, and honoring legacies. 

Knowing what documents may be required is only part of the process; having trusted legal guidance can offer invaluable peace of mind when it’s time to navigate probate, guardianship, and other estate matters.

At TAW Law Texas, our Austin attorneys help families across Texas navigate probate with clarity, confidence, and exceptional counsel at every step. 

We offer practical, value-focused solutions grounded in real-world experience.

Email us or call 512-827-9212 to talk to a trusted
estate planning and probate attorney in Austin now.

Backed by years of local experience, the probate attorneys at TAW Law Texas are driven to deliver client-first service and solutions, including premium probate services. 

We represent grantors, beneficiaries, trustees, executors, and other parties throughout Greater Austin, including Travis County, Williamson County, Bastrop County, Blanco County, Hays County, Caldwell County, and beyond. 

Check out our reviews to see what our clients have said about us and how we may be able to help you.

Todd A. Wilson

Todd A. Wilson has been practicing law since 2007, with the aim of educating all strata of society and sharing crucial insights about the importance of estate planning, probate, and more.

The Law Office of Todd A. Wilson (also known as TAW Law TX) offers affordable estate planning and probate services.