---
title: "When a Parent Dies in Texas: The Paperwork | Kin Papers"
description: "The paperwork after a parent dies in Texas, in order: death certificates, the will, Social Security, credit bureaus, IRS Form 56 and small estate options."
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markdown: "https://kinpapers.com/when-a-parent-dies-in-texas.md"
last_updated: "2026-10-19"
---

# When a parent dies in Texas

When a parent dies in Texas, the paperwork runs in a rough order: certified death certificates from Vital Statistics, the original will delivered to the county clerk, Social Security and the credit bureaus told, IRS Form 56 and an estate EIN when someone is acting for the estate, and the accounts collected. With no will, a small estate affidavit may be used 30 days after the death. A will generally must be probated within four years.

By [the Kin Papers team](https://kinpapers.com/editorial) · Updated October 19, 2026

## Where do you get death certificates?

From [Texas Vital Statistics](https://www.dshs.texas.gov/vital-statistics/death-records), part of the Department of State Health Services, which takes orders online through Texas.gov, by mail or at local offices. Banks, Social Security, the credit bureaus and the courts each ask for one.

## What happens to the will?

Whoever has the original will must deliver it to the county clerk on learning of the death, under [Estates Code section 252.201](https://tcss.legis.texas.gov/resources/ES/htm/ES.252.htm). A will generally can’t be admitted to probate after the fourth anniversary of the death unless the person applying wasn’t at fault for the delay, under [section 256.003](https://tcss.legis.texas.gov/resources/ES/htm/ES.256.htm).

## How does Social Security find out?

Usually through the funeral home. The [Social Security Administration](https://www.ssa.gov/personal-record/when-someone-dies) says funeral homes generally report deaths, so families often don’t need to, and suggests giving the funeral director your parent’s Social Security number. If no funeral home reports it, SSA asks family to call 1-800-772-1213 with the name, Social Security number, date of birth and date of death.

Two things follow. A [one-time $255 payment](https://www.ssa.gov/personal-record/when-someone-dies/lump-sum-death-payment) can go to a surviving spouse who lived with your parent, or in some cases lived apart, and otherwise to certain children; it must be applied for within two years of the death. And under [SSA’s survivors guide](https://www.ssa.gov/pubs/EN-05-10008.pdf), the benefit paid for the month of death and any later months must be returned: uncashed checks are sent back, and direct deposits are returned through the bank.

## How do you tell the credit bureaus?

By mail or online, with a copy of the death certificate, sent to one bureau. [Equifax](https://www.equifax.com/personal/help/article-list/-/h/a/relative-death-contact-credit-bureaus/), [Experian](https://www.experian.com/blogs/ask-experian/reporting-death-of-relative/) and [TransUnion](https://www.transunion.com/blog/credit-advice/reporting-a-death-to-tu) each say that the bureau you contact notifies the other two. Only a spouse or a legally authorized person, such as an executor or administrator, can ask; Equifax asks anyone other than the spouse to include the court papers that authorize them. The bureaus call the result a deceased notice or deceased alert on the file.

## What does the IRS need?

- **Form 56.** The executor, administrator or person holding the estate’s property tells the IRS they’re acting for your parent with [Form 56](https://www.irs.gov/instructions/i56), generally when that role begins: one form in your parent’s name and one in the estate’s. [Publication 559](https://www.irs.gov/publications/p559) says to file it as soon as the information, including the estate’s EIN, is available.
- **An EIN for the estate.** Publication 559 calls this the first step for a personal representative. It’s applied for online at IRS.gov/EIN or with Form SS-4.
- **The final Form 1040.** It covers your parent’s income up to the date of death and is generally due April 15 of the year after the death.
- **Form 1041, if needed.** An estate files an income tax return for any year it has gross income of $600 or more, under the [Form 1041 instructions](https://www.irs.gov/instructions/i1041).

## How are the bank accounts collected?

When there’s no will and the estate, not counting the homestead and exempt property, is worth $75,000 or less, the heirs can file a [small estate affidavit](https://kinpapers.com/texas) with the county court 30 days after the death, and a judge approves it. For real estate, families often record an [affidavit of heirship](https://kinpapers.com/texas/affidavit-of-heirship), a sworn family history, in the county deed records. Other estates go through a court procedure such as probate.

## What other Texas deadlines are there?

If a court appoints a personal representative, [Estates Code chapter 308](https://tcss.legis.texas.gov/resources/ES/htm/ES.308.htm) sets two early deadlines: notice to creditors within one month after letters are issued, published in a newspaper, and notice to the will’s beneficiaries within 60 days after the order admitting the will to probate.

## Is Kin Papers a law firm?

No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page lists what Texas’s statutes and the federal agencies’ own pages say, with links to each, in the order families usually meet them. It doesn’t say which steps apply to your parent’s estate. The probate court clerk can explain filings, and a lawyer can advise on your situation.

## Sources

- [Death records](https://www.dshs.texas.gov/vital-statistics/death-records), Texas Department of State Health Services. Where to get death certificates. Checked October 19, 2026.
- [Texas Estates Code chapter 252, Safekeeping and custody of wills](https://tcss.legis.texas.gov/resources/ES/htm/ES.252.htm), Texas Legislature. Delivering the will to the clerk. Checked October 19, 2026.
- [Texas Estates Code chapter 256, Probate of wills generally](https://tcss.legis.texas.gov/resources/ES/htm/ES.256.htm), Texas Legislature. The four-year rule. Checked October 19, 2026.
- [Texas Estates Code chapter 205, Small Estate Affidavit](https://tcss.legis.texas.gov/resources/ES/htm/ES.205.htm), Texas Legislature. The small estate affidavit, no will, $75,000 and 30 days. Checked October 19, 2026.
- [Texas Estates Code chapter 203, Nonjudicial Evidence of Heirship](https://tcss.legis.texas.gov/resources/ES/htm/ES.203.htm), Texas Legislature. The affidavit of heirship. Checked October 19, 2026.
- [Texas Estates Code chapter 308, Notice to beneficiaries and claimants](https://tcss.legis.texas.gov/resources/ES/htm/ES.308.htm), Texas Legislature. The one-month creditor notice and 60-day beneficiary notice. Checked October 19, 2026.
- [What to do when someone dies](https://www.ssa.gov/personal-record/when-someone-dies), Social Security Administration. That funeral homes usually report the death, and the number to call. Checked October 19, 2026.
- [Lump-sum death payment](https://www.ssa.gov/personal-record/when-someone-dies/lump-sum-death-payment), Social Security Administration. The $255 payment, who can get it and the 2-year deadline. Checked October 19, 2026.
- [Survivors Benefits, Publication 05-10008](https://www.ssa.gov/pubs/EN-05-10008.pdf), Social Security Administration. Returning the benefit for the month of death. Checked October 19, 2026.
- [Instructions for Form 56](https://www.irs.gov/instructions/i56), Internal Revenue Service. Who files Form 56, when, and one form for the person and one for the estate. Checked October 19, 2026.
- [Publication 559, Survivors, Executors, and Administrators](https://www.irs.gov/publications/p559), Internal Revenue Service. The estate EIN, filing Form 56 once the EIN is available, and the final Form 1040 due date. Checked October 19, 2026.
- [Instructions for Form 1041](https://www.irs.gov/instructions/i1041), Internal Revenue Service. The $600 gross income threshold for an estate income tax return. Checked October 19, 2026.
- [Contacting the credit bureaus after a relative’s death](https://www.equifax.com/personal/help/article-list/-/h/a/relative-death-contact-credit-bureaus/), Equifax. Who can request a deceased notice, how, and that one bureau notifies the others. Checked October 19, 2026.
- [Reporting the death of a relative](https://www.experian.com/blogs/ask-experian/reporting-death-of-relative/), Experian. Who can report a death and how. Checked October 19, 2026.
- [Reporting a death to TransUnion](https://www.transunion.com/blog/credit-advice/reporting-a-death-to-tu), TransUnion. Reporting by mail and the five business days to note it. Checked October 19, 2026.

## Related pages

- [Texas small estate affidavit](https://kinpapers.com/texas): The Texas small estate affidavit under Estates Code chapter 205: the $75,000 limit, the 30-day wait, two disinterested witnesses and a judge’s approval.

## About this document

This is the Markdown version of a page on Kin Papers (https://kinpapers.com). Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker.

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