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You are the executor. What are the first steps in Texas?
By Mickie Byrd, licensed Texas life insurance agent (NPN 22277248) · last reviewed 2026-07-10
Order several certified copies of the death certificate. Texas vital records offices and funeral homes can order them for you. Banks, insurers, and agencies each want their own copy.
Find the will and keep the original safe. The county clerk where the person lived is where a probate case is filed, and Texas expects the will to be filed within four years.
Do not rush to close accounts. Make a list first: banks, insurance policies, retirement accounts, the house, the cars. Each one has its own process, and closing things out of order creates work.
Call the life insurance companies early. A named beneficiary can often be paid in weeks, and that money usually arrives before anything else clears.
You do not have to do this alone. A probate lawyer handles the court side, and many first meetings are free. The county law library and the State Bar of Texas lawyer referral service can point you to one.
Common questions
- How many death certificates do I need?
- Most families use five to ten certified copies. Each bank, insurer, and agency usually wants its own.
- Do all estates go through probate in Texas?
- No. Small estates may qualify for an affidavit process, and property that passes by beneficiary or survivorship skips probate.
- What if I cannot find the will?
- Check with the person's lawyer, their bank's safe deposit box, and the county clerk. Texas has a process for estates without a will.
Getting your own affairs in order is free at The Legacy Kit™. A licensed person answers at 844-BYRD-FIN, and no one calls unless you ask.