Oftentimes, I am asked what to do when someone dies. There are several important steps to take when a loved one dies. Although the steps below are listed in chronological order, some of these steps may occur out of order or simultaneously.
Unexplained or Unattended Death at Home
First, if the person passed away at home, you should immediately report their death by contacting the local police at 911. You should also call the Tarrant County Medical Examiner’s Office (“ME”) at (817) 920-5700. The ME is located at 200 Feliks Gwozdz Place in Fort Worth, Texas. The Medical Examiner’s office provides 24-hour assistance.
ME is governed by Section 49.25 of the Texas Code of Criminal Procedure, and its purpose is to identify and explain both the cause and manner of death in cases where the death has occurred unattended or unexplained, or where the death is due to unnatural causes.
Article 49.25 of the Texas Code of Criminal Procedure clearly defines which cases fall under the jurisdiction of the medical examiner including sudden, unexpected, violent, unnatural, unattended and other deaths affecting the public interest. In such cases, it is the medical examiner’s statutory obligation to conduct an inquest, or investigation into the death.
ME has the authority to have a body moved to a morgue, if needed to determine the cause of death. A county medical examiner has no obligation to engage a licensed funeral director or embalmer to supervise the transfer of a dead body. Tex. Atty. Gen. Op. JM-808 (Tex.A.G.), 1987 WL 269370.
Otherwise, the law gives the next-of-kin the right of possession of the deceased’s body. As such, the next-of-kin has the duty to preserve the deceased’s body, and provide for its burial. Any interference with that right of possession by disturbing the deceased’s body, without the consent of the next-of-kin, is an actionable claim for damages. Love v. Aetna Cas. & Sur. Co., 99 S.W.2d 646 (Tex.Civ.App.-Beaumont 1936).
In the absence of next-of-kin or legal representatives of the deceased, the ME shall take charge of the body and all property found with it. Tex. Crim. Pro. Art. 49.25, Sec. 6.
Only the nearest legal next-of-kin may sign a release form directing the ME to release the body. The next-of-kin in the order of legal priority are: (1) the person designated in a written instrument signed by the decedent, (2) surviving spouse, (3) surviving adult child, (4) surviving parent, (5) surviving adult sibling, (6) executor of administrator of decedent’s estate. Tex. Health & Safety Code, Sec. 711.002.
Death While Under Hospice Care
If your loved one was receiving hospice care, then the hospice clinician will complete the necessary legal papers to certify the time, place, and cause of death, and notify the appropriate authorities of your loved one’s death.
Death at a Hospital or Facility
If your loved one passes away at a hospital or nursing home or rehabilitation facility, the attending physician will certify the cause of death. Tex. Health & Safety Code, Secs. 81.045, 193.005.
If the attending physician is unable to certify the cause of death, then he or she shall
• report the death to the Justice of the Peace of the precinct, and request an inquest. Tex. Crim. Proc. Art. 49.04(b).
• Or the superintendent or general manager of the hospital or institution shall report the death to the Justice of the Peace. Tex. Crim. Pro. Art. 49.04(c). The superintendent or general manager must also notify the attorney general of the individual’s death within 24 hours of the death, and submit a report within 72 hours of the death. Tex. Crim. Proc. Art. 49.24(a).
• Report the death to the ME and request an inquest. Tex. Crim. Proc. Art. 49.25(8).
The facility will also notify the next-of-kin.
Second, you should contact a funeral home regarding burial plans for your loved one. A funeral director or embalmer who has been employed by the next-of-kin of a deceased person has no right or obligation to supervise the transfer of the body of the deceased to the county morgue unless the county medical examiner has authorized the funeral director to transfer the body. Tex. Atty. Gen. Op. JM-808 (Tex.A.G.), 1987 WL 269370.
The funeral home can assist you with making arrangements for the burial or cremation of the decedent, and with obtaining a death certificate.
Third, check the deceased person’s state driver’s license or identification card to determine whether they are an organ donor. If the decedent registered to be an organ donor with the State of Texas, there is usually a notation on their identification card that he or she is an organ donor.
The Donate Life Texas Registry is the only, official organ, eye, and tissue donor registry for the state of Texas. By registering, a person records their legal consent for organ, eye, and tissue donation after death.
You may contact Donate Life Texas aka The Glenda Dawson Donate Life Registry at https://www.donatelifetexas.org/about/ or Donate Life Texas, 8190 Manderville Lane,
Dallas, TX 75231, (214) 443-4255, E-mail: Info@DonateLifeTexas.org to determine whether a deceased person has registered as an organ donor.
Once the decedent’s remains have been attended to, then the decedent’s property should be addressed.
Decedent’s Property
Fourth, review the deceased person’s personal belongings for documents such as state driver’s license, state identification card, contact numbers for next-of-kin, Last Will, funeral plan, burial instructions, bank statements, financial accounts, credit cards, credit card statements, deeds, vehicle titles, marriage documents, divorce documents, tax returns, insurance policies, etc.
Determine whether the decedent had a safe deposit box that may contain important property, and perhaps, the decedent’s Last Will. A financial institution may permit examination of a deceased person’s safe deposit box by (1) a spouse, (2) a parent, (3) an adult child, (4) the executor of the decedent’s estate. Tex. Est. Code §151.003. Otherwise, you may need to get a court order to access the decedent’s safe deposit box. Tex. Est. Code § 151.001.
Fifth, if the person has a Last Will, then it should be turned over to the decedent’s next-of-kin: (1) spouse, (2) parent, (3) adult child. If there isn’t any next-of-kin, then decedent’s Last Will should be deposited with the county probate court. In Tarrant County, the probate clerk accepts wills for safekeeping for a one-time fee of $5. The Tarrant County Probate clerk’s office is located in room B90 at 100 W. Weatherford St., Fort Worth, Texas 76196. You may call their office at (817) 884-1770.
Sixth, if the person owned a home, then their home should be secured. This may require changing locks, and making sure that entryways such as garages and gates are secured by locks, so that only the next-of-kin has access to the real property.
Seventh, if the person leased their residence, then their landlord should be notified so that (1) the lease may be terminated, and (2) arrangements may be made to remove their property from the premises and placed in storage until distribution of the decedent’s property can be made to the decedent’s heirs or beneficiaries.
The landlord may remove the tenant’s possessions and place them in storage. The landlord shall turn over the property to the person named as the tenant’s contact person, or discard the property if it is not claimed within 30 days after the contact person is notified. Tex. Prop. Code § 92.014.
Texas law authorizes the landlord and tenant to agree to a different procedure than what is established by law for the removal and disposal of a deceased tenant’s property. Tex. Prop. Code § 92.014. Some leases contain a clause that states what happens when the lessee dies. For example, the lease may contain language that states the premises is considered abandoned 10 days after the death of a sole resident.
Eighth, the decedent’s mail should be forwarded to next-of-kin for the purpose of determining who the creditors are, and for any other important mail notifications, such as monthly payments on mortgage, insurance, car, utilities, etc.
If you shared a mailing address with a deceased loved one, then you may: (1) Open and manage the deceased’s mail as needed. (2) Forward all of the deceased’s mail to a different address. (3) Forward a single piece of mail, for example, to an appointed executor, without going to a Post Office™ location.
To forward the deceased’s mail to yourself or to a different address, you must: (1) go in-person to a Post Office location(2) with documents showing you’re the executor or administrator authorized to manage their mail (simply having their death certificate is not enough), and (3) complete a change of address request in person.
The Data & Marketing Association maintains a Deceased Do Not Contact List (DDNC). Within 3 months of registering the deceased’s name with DDNC, advertising mail should decrease.
Ninth, you should obtain a death certificate. You may request a death certificate 24/7 online at Texas Department of State Health Services by visiting https://www.dshs.texas.gov/vital-statistics/death-records. You may also order a death certificate by completing an application for death record and submitting it by mail. You may also order a death certificate in person at Tarrant County Vital Records offices.
People who may obtain someone’s death certificate must meet the following requirements: (1) named on the death certificate, (2) an immediate family members (either by blood, marriage, or adoption), (3) a guardian, or (4) a legal agent/representative.
An immediate family member is a child, a parent or guardian, a sibling, a grandparent, or a spouse.
If you don’t meet these requirements, then you must provide legal documentation (such as a court order establishing guardianship, an insurance policy listing the applicant as the beneficiary, etc.) that documents a direct, tangible interest in the birth or death certificate. Tex. Adm. Code Sec. 181.1(21).
Tenth, if there are disputes between family members about a loved ones remains or property, or if legal problems arise when a loved one dies, you should call an attorney for legal advice as to how to proceed.
If you have questions about what to do after a loved one dies, or about what occurred or is occurring after a loved one dies, please feel free to call me at (817) 874-8877. I am happy to schedule a consultation with you to address your concerns and answer your questions.