The First 30 Days After a Death in Texas: A Practical Guide for Families
When someone you love dies, you're dealing with grief while also facing dozens of urgent-seeming decisions. Some need immediate attention. Others can wait. Many well-meaning family members accidentally create expensive legal problems by acting too quickly on the wrong things.
This guide walks you through the first 30 days after a death in Texas—what to do now, what can wait, and what requires an attorney before you touch it.
Immediate Steps (First 72 Hours)
When everything feels overwhelming, focus on these essentials:
Order 10+ certified death certificates. Most banks, insurance companies, and government agencies require original certificates, not copies. Ordering extras now is cheaper and faster than reordering later. Your funeral director can help with this.
Secure the residence and valuable property. If keys were widely distributed, change the locks. Stop mail delivery or have it forwarded. Don't let packages pile up on the porch. If you're worried about specific valuable items, move them to a secure location.
Find the will and all estate planning documents. Check file cabinets, home safes, safe-deposit boxes, and with the attorney who drafted the documents. If you find a will, don't open any sealed envelopes—bring everything to the probate attorney as you found it.
Contact the employer or benefits administrator. If the deceased worked recently, ask about group life insurance, retirement plan death benefits, and final paychecks. Many employers also offer grief counseling services to surviving family members.
Review automatic payments and deposits. Prevent overdrafts by pausing automatic bill payments from the deceased's accounts. If Social Security or pension checks are still being deposited, notify those agencies—continued deposits may need to be returned.
Secure vehicles and other titled property. Don't let anyone use, sell, or transfer vehicles or other titled assets until you've talked to an attorney about proper procedures.
Note: Most funeral homes will file death notices with Social Security and Veterans Affairs for you, which saves you several calls.
What You Can Start Now (The Green Light List)
These assets typically pass outside of probate and can be claimed relatively quickly if there's a named beneficiary and no disputes:
Life insurance policies with named beneficiaries
POD (Payable on Death) bank accounts
TOD (Transfer on Death) brokerage accounts
Retirement accounts with designated beneficiaries (401(k), IRA, etc.)
Other accounts with beneficiary designations on file
To claim these, contact each institution directly with a certified death certificate. They'll provide claim forms and instructions.
Important: If any institution questions who should receive the funds, or if family members disagree about the beneficiary, stop and consult an attorney. Don't try to negotiate these disputes yourself.
What You Should NOT Touch (The Red Light List)
This is where well-meaning families create problems that cost thousands to fix. Do not touch these without legal guidance:
Joint bank accounts. Don't remove the deceased's name or move funds based on assumptions about who owns them. In Texas, whether you inherit a joint account depends on specific language in the account agreement, not just having your name on it.
Real estate. No new deeds. No transfers. No "quick" quitclaim deeds to clear title. Do not remove the deceased from the title or property tax records. Real property transfer in Texas requires specific legal procedures that vary based on whether there's a will, how title was held, and whether it was community or separate property.
Accounts in the deceased's name alone. Any checking, savings, CDs, or investment accounts held solely in the deceased's name need legal guidance before you can access them.
Business interests. LLCs, corporations, partnerships, sole proprietorships—any business ownership requires an attorney's guidance before taking action.
Brokerage or investment accounts. Even if you think you know who should inherit them, these accounts require proper retitling procedures.
Safe-deposit boxes. Banks have specific procedures for opening boxes after a death. Ideally, have witnesses present and create an inventory. In some cases, you may need court authority to access the box.
Premature action on any of these can trigger:
Tax problems
Title defects
Beneficiary disputes
Attorney fees to fix mistakes
It costs far less to do it right the first time.
A Good Starting Point: Create an Asset Inventory
Before you meet with an attorney, organize the deceased's financial information, based on whatever information you have, into a working asset inventory. For each asset, document:
Account or asset name and institution (or property address)
How it's titled (individual, joint, with beneficiary designation, in a trust, etc.)
Approximate date-of-death balance or value
If possible, a copy of the most recent statement
Include enough detail to identify each asset (like the last four digits of account numbers) but not so much that you create a security risk.
This list doesn't need to be perfect, and you needn’t delay contacting an attorney if you don’t have this information, but the more information you can bring to that first meeting, the better. A clear, organized working document is far better than waiting to create a "finished" spreadsheet. When you walk into a probate attorney's office with this information, you'll save time, money, and stress.
When to Call an Attorney Immediately (The Hazard Light List)
While most probate situations don't require immediate action, these do:
Property at risk: Vacant homes, unsecured valuables, evidence of theft or damage
Active business or rental properties: Requiring ongoing management when no one clearly has authority to act
Family disputes: Disinherited heirs, likely will contests, disagreements about who should inherit
Minor children: When there's no surviving parent, guardian, or clearly documented managing conservator
Aggressive creditors: Making demands or threatening immediate action
Missing will: When you know or strongly believe a will exists but can't find it
Dispute about funeral arrangements: When family members disagree about disposition of remains
These situations don't improve with time. Address them quickly.
What to Bring to Your First Attorney Meeting
When you're ready to meet with a probate attorney, bring (or scan and send ahead):
The original will and any amendments (codicils)
A death certificate
Your asset inventory (even if incomplete)
List of potential heirs and beneficiaries with addresses
List of known or suspected creditors, if you have information on that
Any trust agreements, beneficiary designations, and pre- or postnuptial agreements
The more organized you are, the easier you make your attorney’s job, saving them time and you money.
Important Texas-Specific Information
The four-year probate window: Texas generally allows four years from the date of death to probate a will. After that, it's possible but significantly more complicated and expensive. If there's no immediate need, you can wait months or even years before starting the probate process.
Community property rules: Texas is a community property state, which affects how marital property is classified and distributed. This is especially important in blended families or when there's significant separate property involved.
Small estate affidavits: For certain intestate estates (no will) under $75,000 (excluding homestead and exempt property), a small estate affidavit might be available. However, these have strict requirements and high rejection rates for filing errors. An attorney can determine if this option applies to your situation.
Non-probate transfers: POD/TOD accounts, beneficiary designations, and transfer-on-death deeds pass by contract or statute and are generally not controlled by the will.
Living trusts: If the deceased had a living trust, you might not need probate—the successor trustee can manage and distribute trust assets. However, in practice, most people don't transfer all their assets into their trust, so probate is often still necessary to transfer those remaining assets.
Probate Is Not Usually an Emergency
Unless you're dealing with one of the "hazard light" situations above, you typically have time to:
Grieve
Tend to final arrangements and other time-sensitive needs
Get organized
Understand your options
Find the right attorney
It’s been our experience that while some clients prefer to wait a bit before dealing with the legal aspects of a loved one’s death, others find that having something to work on right away helps with their grieving process. We’ll never rush you to move forward before you’re ready but we’re happy to walk with you and guide you along the journey at the pace that’s right for you.
Get Help When You Need It
If you're dealing with a death in the family and need guidance on the probate process in Texas, we can help. We work with families throughout the Dallas area to navigate estate administration with clarity and care.
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Ellen Williamson Law proudly serves Dallas County and the Greater Dallas Metroplex area. We guide our clients through the difficult and complex journeys related to estate planning, probate law, and guardianship. Our goal is to help you navigate the complicated legal process while providing the best possible customer service and reducing confusion.
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