What Happens After Death in Texas
In Plato’s Phaedo, Socrates argues about what happens to us after death. He needn’t have bothered; Texas law tells us quite plainly what is going to happen upon death.
Your death is going to set in motion several actions involving your body and burial.
The Legal Pronouncement of Death
Someone must first make a legal pronouncement that you are dead.
- If you die in a medical or nursing facility, then it will be a physician, registered nurse, or physician assistant (under certain conditions).
- If you are under hospice, then it will be the hospice nurse, with a later certification by the medical doctor. Otherwise, the pronouncement will be made by the Justice of the Peace or the medical examiner.
Organ Donation and Notification
If you have consented to be an organ donor, or if your family consents to your organ donation, and you die in a hospital or care facility, then someone should notify the staff immediately.
Practice tip: Put your organ donation choice in writing and then tell a family member or close friend.
Release of the Body
After the pronouncement of death, your body will be released to a licensed funeral director. Note that your Uncle Albert will not be allowed to load your body in his SUV to make the drive to the funeral home.
Choosing a Funeral Home
Which funeral home will get the call?
- If you had cleverly put your choice in writing and given it to your family members, then it would be the funeral home you chose.
- Otherwise, your family members who are present will decide. The facility or hospice company makes the call to the funeral home.
- If a decision has not been made on a funeral home, then a company will be called to pick up and store your body until someone makes the decision.
Filing the Report of Death
Before your body is transported, the funeral director must file or complete a report of death with the Texas Department of State Health Services. Within 24 hours, that report is given to the county clerk or local registrar where you died or where your body was found.
Deciding What Happens to the Body
Then a decision must be made about what to do with your body.
- If you had a prepaid funeral contract or had put your choices in writing, then your wishes must be followed.
- If, however, you had not made any plans, then Texas law sets out a priority list for who has the right to control the disposition of your remains.
Order of Priority in Texas
It goes in this order:
- Your surviving spouse
- Any one of your surviving adult children
- Either of your surviving parents
- Any one of your surviving adult siblings
- The executor or administrator of your estate
- Any adult person in the next degree of kindship in the order named by law to inherit your estate
Burial and the Right of Sepulture
If you are to be buried, then your decision maker will need to locate a burial plot, pick the casket, and decide about embalming. Your right to be buried in a particular plot is known as the exclusive right of sepulture.
Cremation Requirements in Texas
If you are to be cremated, then your remains may be taken to a crematory. However, you may not be cremated until 48 hours have passed since your time of death, as noted on your death certificate.
Preplanning Your Wishes
If you want to have your wishes followed, then you can preplan this through an Appointment for Disposition of Remains. That is a form that you fill out and sign before a notary. You should give your agents a copy before you die.
Plan Ahead: Ensure Your Final Wishes Are Honored
At Hammerle Morris Law Firm, we understand that end-of-life decisions are deeply personal — and that making them in advance can bring peace of mind to you and your loved ones. Knowing who will make arrangements and how your wishes will be carried out can prevent confusion and conflict when the time comes.
Whether you’re planning your funeral preferences, completing an Appointment for Disposition of Remains, or reviewing your broader estate plan, our team can help you document every detail clearly and legally. Schedule a consultation today to ensure your final wishes are respected and your loved ones are protected.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
