Texas · funeral and cremation law

Funeral and cremation law in Texas

Who decides, what has to wait, and what a funeral home must tell you. Every fact links to its statute. Not legal advice.

2 checked factsLast checked Sep 18, 2026Sourced to the statute
Who can authorize a cremation

Texas sets out a detailed priority list for control of a decedent's remains. A person designated in writing by the decedent comes first, followed by the surviving spouse, adult children, parents, adult siblings, the qualified estate representative, and then other kin in the statutory order. Texas provides that a person who has the right to control disposition can lose that right if they do not make final arrangements or appoint someone to do so before the earlier of the sixth day after receiving notice of death or the tenth day after death.

Tex. Health & Safety Code § 711.002; Tex. Health & Safety Code § 711.002(a-1)Read the statute · tcss.legis.texas.govchecked Sep 18, 2026

Naming a disposition agent

Texas allows written directions concerning disposition, including cremation, in a will, prepaid funeral contract, or other qualifying signed and acknowledged instrument.

Tex. Health & Safety Code § 711.002(g)Read the statute · tcss.legis.texas.govchecked Sep 18, 2026

The estate letter · Texas

After the funeral: settling the estate, one month at a time

Twelve months of steps with Texas's own numbers and deadlines. Read the checklist now, or sign up there for one email a month.

Get the estate letter
  1. Month 1The first things to gather
  2. Month 2Work out what the estate is
  3. Month 3Get the authority to act
  4. 9 more months