When a family member dies in a Texas crash: what Houston families can expect

The short answer

When someone dies in a Texas crash, several public offices each handle one part of what comes next. In Harris County, the Harris County Institute of Forensic Sciences, the county's medical examiner, investigates deaths from injury, including crash deaths (Code Crim. Proc. art. 49.25). The funeral home files the death certificate, which Texas law generally requires to be filed within 10 days after the death (Health & Safety Code §193.003), and the investigating officer files the crash report with TxDOT within 10 days after the crash (Transp. Code §550.062). Texas law also protects grieving families: a lawyer or other covered professional who has not been asked for help generally may not, to seek professional employment, provide a written communication or a solicitation about a personal injury or wrongful death matter before the 31st day after the accident (Penal Code §38.12(d)).

We are sorry for your loss. This guide explains each step in general terms, with a link to the official source for each one. It is general informational guidance, not legal advice, and it does not apply the law to your family's situation. Nothing here needs to be read all at once.

Key facts (as of October 29, 2026)

• The medical examiner. A county with more than 2.5 million people must keep a medical examiner's office (art. 49.25 §1). In Harris County it is the Harris County Institute of Forensic Sciences (HCIFS).
• Who files the death certificate. The person in charge of interment, usually the funeral director, files it (Health & Safety Code §193.002), not later than the 10th day after the death (§193.003).
• Who may order copies. For a death within the past 25 years, DSHS says only immediate family members, or a person with legal documentation of a direct, tangible interest, may request a certified copy (DSHS, Death Record FAQs).
• The crash report. The full report goes to the requesters §550.065(c) lists, which include "any person who may sue because of death resulting from the collision" (Transp. Code §550.065(c)(4)(L)).
• Rights in a criminal case. A spouse, parent or adult brother, sister or child of a person who died from criminal conduct is a "close relative of a deceased victim" with rights in the criminal justice system (Code Crim. Proc. arts. 56A.001, 56A.051).
• Wrongful death. The action is for the exclusive benefit of the surviving spouse, children and parents (Civ. Prac. & Rem. Code §71.004), and suit generally must be brought not later than two years after the death (§16.003(b)).
• A will. A will generally may not be admitted to probate after the fourth anniversary of the death, unless the applicant shows they were not in default (Estates Code §256.003).
• Solicitation. Covered professionals seeking professional employment generally may not provide an unrequested written communication or solicitation about a personal injury or wrongful death matter before the 31st day after the accident (Penal Code §38.12(d)(2)(A)).
• A change coming in 2027. The Legislature repealed Code of Criminal Procedure chapter 49, which includes art. 49.25, effective April 1, 2027, and replaced it with a new chapter 49A on death inquests (H.B. 1610, Acts 2025). This guide cites the law in effect when it was checked.

What does the medical examiner do after a crash death?

Texas law gives a medical examiner the duty to hold an inquest, an official inquiry into a death, "when any person is killed; or from any cause dies an unnatural death" (art. 49.25 §6). In Harris County that office is HCIFS. Its answers to frequently asked questions say the deaths it investigates include all deaths that are not natural, classified as accident, homicide or suicide, and that a death from a car crash remains a medical examiner case even when the person dies long after the injury.

What HCIFS says about the first days:

• Choosing a funeral home. The legal next of kin chooses a funeral home and tells the funeral director that HCIFS is handling the death. The funeral director helps obtain any personal property found on the person and the death certificate. A release form must be signed by the legal next of kin.
• Viewing and identification. HCIFS says it does not have facilities for viewing; viewing is arranged with the funeral home. If identification is needed, an HCIFS representative contacts the next of kin to discuss how.
• Autopsies. Not every case has an autopsy. Under art. 49.25 §9, an autopsy is performed if the medical examiner considers one necessary or the district attorney requests one. HCIFS says a family may tell the office its wishes for or against an autopsy, and the office will consider them, but the decision rests with the pathologist. HCIFS also says there is no charge to the public for an autopsy.
• Release of the body. HCIFS says that in most cases a body is examined and released within 24 hours, and some circumstances can require as long as 72 hours.
• Personal property. It is released to the funeral home the family chooses, after the funeral home provides the signed release form.
• Checking on a case. The Case Status page lets you search by case number or by name and date, and lists (832) 927-5006 for family members.
• A "pending" cause of death. HCIFS says "pending" is a temporary classification used when more information or testing is needed. A pending death certificate is still legal proof of death, and once the cause and manner of death are determined, HCIFS files an amendment with the state registrar. Pending cases can last from several weeks to many months.
• The autopsy report. HCIFS takes requests for a completed autopsy report by email or by mail to Administrative Services, Autopsy Report Order, 1861 Old Spanish Trail, Houston, Texas 77054. It asks for the case number if you have it, the name of the person who died, the date of death and the county, plus your contact details. It sends a PDF copy by email to a requester who does not need a certified copy, charges a per-page fee for a certified printed copy, and asks that no payment be sent until it says the report is ready.

If the death happened in a Texas county that has no medical examiner's office, a justice of the peace conducts the inquest instead (arts. 49.02, 49.04).

How do I get a death certificate in Houston?

The funeral home completes the personal information on the death certificate and files it; HCIFS completes the medical part for a death it investigates (HCIFS FAQ; Health & Safety Code §193.005(e)). HCIFS says the funeral director helps the family obtain the death certificate. You can also order certified copies yourself:

• Inside the Houston city limits. The Houston Health Department's Bureau of Vital Statistics keeps records of deaths in the incorporated city limits of Houston (About Us). Its Birth and Death Certificates page offers online ordering and lists its office at 8000 North Stadium Drive, Houston, Texas 77054, phone 832-393-4220.
• Elsewhere in Harris County. The Harris County Clerk keeps death certificates for deaths outside the city limits of Houston, Baytown, La Porte, South Houston and Jacinto City, and outside Justice of the Peace Precincts 3 and 4. It says vital records are not public records, that immediate family members (self, parents, grandparents, legal spouse, siblings or children) may request them with valid identification, and that requests can be made in person or by mail. Its Vital Statistics desk is 713-274-8690. Harris County's records page lists the cities in the county that keep their own birth and death records.
• Anywhere in Texas. The state registrar supplies a certified copy to a properly qualified applicant (§191.051). DSHS Vital Statistics takes orders online, by mail or in person (Death Records). Its qualified-applicant page defines immediate family as a child, parent or guardian, brother or sister, grandparent or spouse.

DSHS also issues a death verification letter, which states whether a death record is on file. DSHS says a verification letter is not a legal substitute for a certified copy of a death certificate.

How do I get the crash report for a fatal crash?

A law enforcement officer who investigates a crash that results in a death must make a written report and file it electronically with TxDOT not later than the 10th day after the crash (Transp. Code §550.062). The report is confidential except as §550.065 provides (§550.065(b)).

• The full report. On written request and payment of the fee the statute sets, the full report is released to the requesters in §550.065(c), including any person involved in the collision, that person's authorized representative and "any person who may sue because of death resulting from the collision" (§550.065(c)(4)(L)).
• The redacted report. Any person may request a redacted report, which leaves out names, driver's license numbers, addresses (other than ZIP code), phone numbers, the date on which any person died and the other items in §550.065(f)(2).
• Where to get it. TxDOT sells the officer's report through its Crash Report Online Purchase System. Its Crash Reports and Records page lists the requester categories, gives a way to explain how you meet them, and says a person who does not meet the criteria receives a redacted copy.
• Houston police. HPD's Vehicular Crimes Division investigates crashes with a criminal nexus, "such as fatal crashes" and failure to stop and render aid. HPD's phone directory lists the division at 713-247-4072.

How to get a crash report in Houston lists each Houston-area agency's steps, Texas crash report codes explains the codes on the officer's report, and our §550.065 reference entry quotes the statute.

What if the crash involved a crime, such as drunk driving or a hit-and-run?

When a crash may involve a crime, a law enforcement agency investigates it, such as HPD's Vehicular Crimes Division in Houston, and the district attorney's office prosecutes criminal cases. In Harris County, the District Attorney's Office says the main point of contact about a pending criminal matter is the Victim Assistance Coordinator or the assistant district attorney assigned to the case, and that people who do not know who that is can call Victim Services at 713-274-0250. Its Contact Us page includes an option for victims of a vehicular crime.

Texas law gives families specific rights in that process:

• Who has them. A "close relative of a deceased victim" is the person who was the victim's spouse at the time of death, or a parent or adult brother, sister or child of the victim (art. 56A.001(3)).
• Being informed. If requested, the right to be told by the prosecutor about relevant court proceedings, and to be told as soon as possible if they are canceled or rescheduled (art. 56A.051(a)(3)).
• Being heard. The right, before any sentencing, to give the community supervision department preparing a presentencing investigation information about the impact of the offense on the victim and the family (art. 56A.051(a)(5)).
• Property held as evidence. The right to the prompt return of the victim's property held as evidence when it is no longer needed for that purpose (art. 56A.051(a)(9)).
• Paperwork. The prosecutor's victim assistance coordinator sends a victim impact statement, a victims' information booklet and an application for crime victims' compensation, with an offer to help complete them (art. 56A.202(b)).

The Attorney General's Crime Victims' Compensation Program generally leaves out crashes, but the law makes exceptions for crashes that involve certain crimes, including driving while intoxicated, intoxication manslaughter, manslaughter, criminally negligent homicide and failing to stop and render aid (art. 56B.003(4)). The people who may claim include a dependent of a victim who died, a person who pays the victim's medical or burial expenses, and a family member who needs counseling, travels to the funeral or loses wages from bereavement leave (art. 56B.003(2)). The crime generally must have been reported to law enforcement within a reasonable period (art. 56B.053), and the general rule is that an application is filed by the third anniversary of the crime, with exceptions (art. 56B.052). HPD's Victim Services Division, 713-308-0080, says it helps victims apply. Our Crime Victims' Compensation guide explains the program, and Hit-and-run crashes in Texas covers hit-and-run rules.

What does Texas law say about wrongful death and survival actions?

Texas law has two different actions after a death. These rules are listed so your family can recognize them, not to say how any of them applies to your family.

• Wrongful death. An action for actual damages arising from an injury that causes a person's death may be brought if liability exists under §71.002, which covers an injury caused by a person's, or the person's agent's or servant's, "wrongful act, neglect, carelessness, unskillfulness, or default" (Civ. Prac. & Rem. Code §71.002).
• Who it is for, and who brings it. The action is for the exclusive benefit of the surviving spouse, children and parents. They may bring it, or one or more of them may bring it for the benefit of all. If none of them has begun it within three calendar months after the death, the executor or administrator brings it unless all of them ask that it not be brought (§71.004).
• Survival. Separately, a personal injury cause of action "does not abate" because the injured person dies; it survives to and in favor of the person's heirs, legal representatives and estate (§71.021).
• Timing. A suit for an injury resulting in death generally must be brought not later than two years after the cause of action accrues, which is on the death (§16.003(b)). A separate section, §16.062, addresses the effect of a death on limitations periods; this guide does not say whether it applies to any action. Other statutes can set different rules, such as for a claim involving a government vehicle. Which period applies to a specific action is a question for an attorney.

Our Chapter 71 reference entry quotes these sections, and our §16.003 reference entry explains the filing period. If your family decides to talk with a lawyer, How to choose a wrongful death lawyer in Houston explains how to check a lawyer with the State Bar and what a fee agreement must say.

What does the estate process involve?

In the Estates Code, an "estate" means the property of the person who died (§22.012), and the term "personal representative" includes an executor or administrator (§22.031). The wrongful death and limitations sections above refer to that role. Some general rules from the Estates Code:

• A will must be probated to pass property. A will is not effective to prove title to, or the right to possession of, property it disposes of until it is admitted to probate (§256.001).
• Four years for a will. A will generally may not be admitted to probate after the fourth anniversary of the death unless the applicant shows they were not in default in failing to present it sooner (§256.003).
• Without a will. A court may hold a proceeding to declare heirship, for example when a person dies without a will owning property in Texas and there has been no administration of the estate (§202.002). That proceeding may be brought at any time after the death (§202.0025).

In Harris County, estates are handled by the county's five statutory probate courts, Probate Courts No. 1 through No. 5 (Gov't Code §25.1031(c); Harris County Probate Courts). The Harris County Clerk's Probate Courts Department is the clerk for those courts, at (713) 274-8585. Its FAQ says most people who offer a will for probate use an attorney, that neither the clerk nor the courts provide forms for an application or a will, and that people not represented by a lawyer may e-file but are not required to.

How does Texas law protect families from solicitation after a death?

Texas treats improper solicitation of legal clients, called barratry, as a crime. The protections in Penal Code §38.12 and related law include:

• No unrequested written communication or solicitation for 30 days. A lawyer, chiropractor, physician, surgeon, private investigator or other covered professional who has not been asked for help generally may not, with the intent to obtain professional employment, provide a written communication or a solicitation, including one in person, by telephone or by direct message on social media, that concerns an action for personal injury or wrongful death, or otherwise relates to an accident or disaster involving the person or a relative, before the 31st day after the accident (Penal Code §38.12(d)(2)(A)).
• No in-person, phone or direct-message solicitation. Soliciting employment in person, by telephone, through a direct message on a social media platform or by another electronic communication, with intent to obtain an economic benefit, is generally an offense (§38.12(a)(2)).
• No payments to relatives. Paying or offering a family member of a prospective client money or another benefit to solicit employment, with intent to obtain an economic benefit, is generally an offense (§38.12(a)(5)).
• "Do not contact" counts. A covered professional generally may not send a communication or solicitation when the professional knows or reasonably should know that the injured person or a relative has indicated a desire not to be contacted (§38.12(d)(2)(D)). That desire is presumed if the crash report shows the injured person or a relative made that indication (§38.12(e)).
• No pressure. A covered professional generally may not send a communication or solicitation that involves coercion, duress, fraud, overreaching, harassment, intimidation or undue influence (§38.12(d)(2)(E)).
• A contract can be undone. A contract for legal services procured by conduct violating §38.12(a) or (b), or Disciplinary Rule 7.03, is voidable by the client (Gov't Code §82.065(b)).

The State Bar of Texas says a contact is not illegal if the attorney is not seeking payment or has a preexisting professional-client or family relationship with the person. If you see what you believe is improper solicitation, the State Bar's disaster resources page asks you to get the name and phone number of the person making contact and report it to local law enforcement or to the State Bar's Chief Disciplinary Counsel's Office, toll free at 866-224-5999. Our Penal Code §38.12 reference entry has the statute text.

Where can Houston families find support?

• HCIFS Family Assistance. If the death falls under the Harris County medical examiner, HCIFS's Family Assistance Coordinator, (832) 927-5007, can explain the Institute's procedures and refer families to resources. HCIFS says its Family Information Brochure lists organizations that may offer burial, financial, legal or grief support.
• Victim services. When a crime is involved, HPD's Victim Services Division (713-308-0080) says it assists crime victims and their families, and the Harris County District Attorney's Office (Victim Services, 713-274-0250) says its victim advocates work to make sure victims know their rights.
• Crisis support. SAMHSA says the 988 Suicide & Crisis Lifeline offers 24/7 support by call, text or chat at 988, with access for Spanish speakers.

Related guides

• How to choose a wrongful death lawyer in Houston: checking a lawyer with official Texas sources.
• Drunk driver crashes in Texas: the claim against the driver and the dram shop claim against a business that served the alcohol.
• How to get a Texas crash report: the statewide steps for a crash report.
• How to look up a case with the Harris County District Clerk: finding a filed case in the Harris County district courts.

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