When someone dies in Texas, the executor of the estate is the person who handles the deceased’s final financial and legal matters. Learn who can legally make funeral arrangements in Texas and how to set that up.
When someone dies in Texas, the executor of the estate is the person who handles the deceased’s final financial and legal matters. Giving someone power of attorney does not mean this person will be able to handle the funeral arrangements as power of attorney expires upon death.
If there is someone specific you want to handle your final arrangements you must name them legally. In order to allow someone to make these final decisions, you can execute a document called "Appointment of Agent to Control Disposition of Remains” or "Appointment.” This document must be written or typed, signed, and notarized. The person you name must also sign as well.
There is a specific order as to who is granted the right of the executor of your estate. If you name someone in an Appointment, they will be the first called upon. If you do not name someone or if that person refuses, then the right goes to a surviving spouse, adult children, your parents, siblings, and so on as outlined in the Texas Health & Safety Code. Therefore, it is especially important to name someone as an executor of your estate if that person would not normally have priority (such as a close friend or more distant relative).
Having this official Appointment document means that funeral homes, cemeteries, and other businesses will accept the named person to make any necessary final decisions. You can list multiple people to be in charge of your final wishes in your Appointment. You are also able to make certain choices such as whether or not you wish to be buried or cremated, where you want to be buried or the words you would like on your gravestone.
You may also list your final instructions in your will. However, a will can be difficult to amend. Naming a new agent through an Appointment can be much simpler. Also, keep in mind that oral and simple written instructions are often not enough as they can be easily disregarded.
If you would like to complete an Appointment form, you can locate this form with a quick internet search or ask your funeral director or estate planner to help you find a copy of the form.
