Decisions about burial, cremation, and the funeral have to be made quickly, often before anyone thinks about probate — and families do not always agree. Texas law sets a clear order of who has the right to decide, and lets you name that person in advance.
You Can Name an Agent
Texas lets you sign a written appointment naming an agent to control the disposition of your remains — burial or cremation, and the arrangements. That written designation comes first, ahead of the default family order, and spares your loved ones from having to guess or fight. Instructions placed in a will can also be carried out immediately, without waiting for probate.
The Default Priority Order
If there is no written appointment, the right to control passes in this order:
- The person named in a signed written instrument
- The surviving spouse
- Any one of the surviving adult children
- Either surviving parent
- Any one of the surviving adult siblings
- The executor or administrator, then others the statute lists
Duty and Cost
The person with the right to control also has a duty to see to the disposition and is responsible for the reasonable cost of interment — though when the executor or administrator handles it, the estate bears that cost. Special rules apply for members of the armed forces, whose military designation can control.
When Families Disagree
Disputes over funeral decisions are painful and urgent. Texas directs a court with probate jurisdiction to resolve them on an expedited basis. The best way to avoid a fight is to put your wishes in a signed appointment while you can — something we can prepare as part of your estate plan.
Frequently Asked Questions
Who decides funeral arrangements in Texas?
If the decedent named an agent in a signed written instrument, that person decides. Otherwise, the law follows a priority order beginning with the surviving spouse.
Can you name who controls your remains in Texas?
Yes. You can sign a written appointment naming an agent to control the disposition of your remains, which takes priority over the default family order.
What happens if the family disagrees about the funeral?
A court with probate jurisdiction resolves the dispute, and the law directs it to do so on an expedited basis given the time sensitivity.
Talk With a Texas Probate Attorney
Want to name who controls your arrangements, or facing a family dispute? We can help. Call 713-955-6182 or contact The De Leon Law Firm to get started.