How to Get a Death Certificate in Texas & the Texas Small Estate Limit
When a parent, spouse or relative dies in Texas, you will need certified death certificates long before you know whether the estate has to go through probate. Below is what Texas charges for certificates, who issues them, and how the state's small estate shortcut works, with official links for every number.
How to get a death certificate in Texas
Certified copies in Texas come from Texas DSHS Vital Statistics Section (and local registrars / county clerks).
Texas charges $20 for the first certified death certificate and $3 for each additional copy of the same record ordered at the same time. Fees are not refunded, even if no record is found.
Order online through Texas.gov or by mail with form VS-142. Local registrars and county clerks can also issue copies of deaths in their area.
In most families the funeral home places the first order, so ask them to include enough copies up front. Additional copies ordered later cost the same or more and can take weeks by mail. See how many death certificates you need for a realistic count.
Texas small estate procedure: Small estate affidavit (Estates Code Chapter 205)
The Texas small estate affidavit can be used when the estate's assets, not counting the homestead and exempt property, are worth $75,000 or less.
It is only for people who died without a will. At least 30 days must have passed since the death, no petition for a personal representative may be pending or granted, and the assets must be worth more than the known debts (excluding the homestead and exempt property).
The affidavit is filed with the court and must be approved by the judge before banks will release money. It can also pass a homestead to heirs, but not other real estate. Texas Law Help has a free toolkit with the forms.
What counts toward the limit
A common mistake is adding up every asset and concluding the estate is too big. In Texas, as in other states, property that already has a beneficiary or co-owner (retirement accounts, life insurance, POD/TOD accounts, joint accounts with survivorship, trust property) typically passes outside probate. Only what is left counts toward the small estate limit. See how beneficiary designations work.
Step by step in Texas
- Get several certified copies of the death certificate first; nothing else moves without them.
- Make an inventory: bank accounts, vehicles, investments, real estate, and anything with a named beneficiary.
- Separate out non-probate assets, then total what is left and compare it with the Texas threshold.
- Wait out any required waiting period and complete the Small estate affidavit (Estates Code Chapter 205).
- Collect the assets, pay legitimate debts and final bills, and distribute the rest to the people entitled to it, keeping a written record.
When the small estate route doesn't fit
If the estate is over the limit, includes property the Texas procedure cannot transfer, or the family disagrees about who gets what, plan on regular probate. The same applies when there is a business, significant debt or a disputed will. Many probate courts run free self-help centers, and a short consultation with a Texas estate attorney can save expensive mistakes. The executor checklist lays out what a full probate involves.
Quick answers
How much does a death certificate cost in Texas?
Texas charges $20 for the first certified death certificate and $3 for each additional copy of the same record ordered at the same time. Fees are not refunded, even if no record is found. Always confirm the current figure with the official source linked below.
What is the small estate limit in Texas?
The Texas small estate affidavit can be used when the estate's assets, not counting the homestead and exempt property, are worth $75,000 or less. Always confirm the current figure with the official source linked below.
After that
After the certificates and the small estate question, the rest is mostly administration: accounts, subscriptions, final bills and taxes. Keep going with who to call when someone dies, getting a free estate EIN and what not to do when someone dies.
Keep it all in one place
The After-Loss Admin Kit is a calm, printable executor workbook: the first 48 hours through closing the estate, a who-to-notify list, 12 letter templates (including bank and agency letters) and an estate tracker spreadsheet for every asset and debt. It works with the Texas steps above.
See the After-Loss Admin Kit — $19Loss & planning bundle (4 kits) — $34