Texas Survivor Benefits Checklist: What to Do After a Spouse Dies

The week after a spouse dies, you're handed a stack of paperwork and pointed toward five different state agencies — none of which talk to each other. Texas doesn't have a single office that calculates your entitlements and sends you a check. Every benefit requires a separate application, a separate deadline, and usually its own set of certified documents.

This checklist is organized by when things need to happen — not alphabetically, not by agency. Use it to avoid the most expensive mistake Texas survivors make: letting deadlines expire while waiting to feel ready.

Phase 1: First 15 Days — Secure the Paperwork Foundation

Order death certificates immediately. Texas certified death certificates cost $21 for the first copy and $4 for each additional copy ordered at the same time from the Texas Department of State Health Services (DSHS) or your county registrar. Order at least 10 to 15 copies. Banks, life insurance carriers, the Teacher Retirement System (TRS), the Employees Retirement System (ERS), and county probate courts all require original certified copies — not photocopies. Running out means expensive reorders and delays.

Locate the will and any beneficiary designation forms. If your spouse had a TRS or ERS account, whoever was named on Form TRS-15 (the beneficiary designation) receives the death benefit — regardless of what the will says. Find that form.

Notify the employer and pension systems. TRS and ERS must be notified immediately after the death to stop the member's active pension payments. If payments continue after death and the state issues a clawback demand, you are responsible for returning those funds. Don't wait.

If the death resulted from a violent crime, contact the Texas Office of the Attorney General's Crime Victims' Compensation (CVC) program within days. The program reimburses funeral and burial expenses up to $6,500 for crimes occurring after July 2016, plus transportation costs over 50 miles one way beyond the cap. Applications must be filed within three years, but the sooner you start gathering the police report and Funeral Purchase Agreement, the easier it is.

Phase 2: Days 15 to 60 — Health Insurance and Federal Benefits

Elect COBRA within 60 days. This is the hardest deadline to miss and the most common one survivors miss. Federal COBRA allows surviving spouses and dependents to continue group health coverage for up to 36 months — but you have exactly 60 days from the date of death (or from receiving the election notice) to sign up. Once that window closes, it's gone.

If the employer had fewer than 20 employees, federal COBRA doesn't apply. Instead, look at Texas Mini-COBRA under the Texas Insurance Code, which covers employers with 2 to 19 employees and provides up to 9 months of continuation coverage for dependents who were continuously enrolled for at least 3 months before the death.

Special rule for spouses 50 and older: Texas Insurance Code Chapter 1251 allows a surviving spouse who was 50 or older when the covered employee died to continue group health coverage until they become eligible for Medicare. This bridges the critical gap between COBRA expiration and Medicare at 65.

File for the Social Security lump-sum death payment. The SSA pays a one-time $255 Lump-Sum Death Payment to the surviving spouse. File Form SSA-8 with the Social Security Administration. This is separate from ongoing monthly survivor benefits, which you must apply for separately.

If your spouse was a veteran, file VA Form 21P-534EZ for Dependency and Indemnity Compensation (DIC) if the death was service-related, or for the Survivors Pension if your spouse served during a covered wartime period and you have limited income.

Phase 3: Months 2 to 6 — State Pensions, Property Tax, and Probate

Claim TRS or ERS death benefits. If your spouse was an active TRS member at death, the designated beneficiary receives a lump sum equal to twice the member's annual salary, capped at $80,000 — plus the return of all accumulated member contributions. If your spouse was a retired TRS member, the lump-sum death benefit is $10,000. ERS retirees carry a $5,000 lump-sum death benefit. These are not automatic — you must submit the death certificate and claim forms to TRS or ERS directly.

File Form 50-114 to protect your property tax exemption. If your spouse held an Over-65 or Disabled Person homestead exemption, you can keep it — along with the associated school tax ceiling — if you were at least 55 when your spouse died and continue living in the home. File an updated Form 50-114 (Residence Homestead Exemption Application) with your county appraisal district, along with a copy of the death certificate and your marriage license. The standard deadline is May 1 of the tax year.

If the death was work-related, file DWC Form-042 with the Texas Department of Insurance Division of Workers' Compensation (TDI-DWC). You have exactly one year from the date of death to file this claim. Workers' comp death benefits pay 75% of the deceased employee's average weekly wage.

Evaluate whether probate is necessary. Not every Texas estate requires court. Assets with named beneficiaries — life insurance, TRS/ERS pensions, POD bank accounts, Transfer on Death (TOD) deeds — bypass probate entirely. If your spouse had a valid will and the estate has no unpaid unsecured debts, a Muniment of Title may be the fastest path to clearing property title. If your spouse died without a will and the non-exempt estate is under $75,000, a Small Estate Affidavit may avoid court altogether.

Transfer vehicle titles. If probate isn't being opened, use TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) to transfer a vehicle to the rightful heir. Title transfers filed more than 30 days after the transfer date carry a $25 penalty that escalates by $25 every 30 days, up to $250 maximum.

Phase 4: Months 6 to 48 — Long-Tail Deadlines

Workers' comp claims: 1 year from date of death. Miss this and the claim is barred permanently.

Crime Victims' Compensation application: 3 years from date of crime. Limited extensions exist for children (until their 21st birthday) or documented good cause.

Will probate: 4 years from date of death. Under Texas Estates Code Section 256.003, a will generally must be submitted for probate within four years of death. After that, you must prove to the court you weren't negligent in failing to file sooner — a high burden that often fails, causing the estate to pass under intestacy rules instead of the will.

Asset disclaimers: 9 months from date of death. If you want to disclaim an inherited asset to avoid adverse tax treatment or pass it to another beneficiary, the disclaimer must be filed within 9 months.

The Biggest Mistake Texas Survivors Make

Treating benefits as automatic. Almost nothing in Texas transfers without an active claim. The state sends a death certificate notification to TRS — but that doesn't trigger a benefit payment. The Social Security Administration doesn't send you the $255 lump sum unless you file Form SSA-8. The county appraisal district doesn't automatically transfer the property tax freeze.

Every single benefit on this list requires paperwork, deadlines, and original certified documents.

The Texas Survivor Benefits Navigator walks through each of these claims in detail — the exact forms, the agency contacts, and what to do if you've already missed a deadline. If you're in the middle of this process right now, that's the right place to start.

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