Losing someone in Houston: what families can do, and finding a wrongful death lawyer

Last checked November 8, 2026

We are sorry for your loss. In Texas, a wrongful death claim belongs to the surviving spouse, children and parents.1 It must generally be filed within 2 years of the death.2 If the City of Houston may be responsible, written notice is due within 90 days.3 Harris County's forensic institute answers family questions at 832-927-5006.4

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Road map of Houston with the Texas Medical Center area, near the Harris County Institute of Forensic Sciences on Old Spanish Trail
A pending death certificate is still legal proof of death. Map data © OpenStreetMap contributors.

What do I need to do first after a death in Houston?

There is no rush on most of this, and you do not have to do it alone. In the first days, your funeral home can carry much of the paperwork. Very little here needs to happen this week. The one exception is a possible claim against a government, which we explain below.

If the Harris County Institute of Forensic Sciences has your loved one, its Family Liaison Team takes medical questions at 832-927-5006.4 For copies and general questions, call Administrative Services at 832-927-5004.5 If police were involved, HPD's Victim Services Unit is at 713-308-0080.6 You can ask these offices to explain things slowly, and to explain them again.

How do I get a death certificate in Houston or Harris County?

The Institute does not issue death certificates.7 Families get them through the funeral home or the local registrar for the area where the death happened.8 The funeral home is usually the easiest way, and you can ask for several certified copies at once.

QuestionAnswer
Death outside Houston city limitsThe Harris County Clerk keeps these records, with exceptions for a few other cities and areas9
Death inside Houston city limitsThe County Clerk does not keep these. Start with your funeral home98
County Clerk's cost$21 for the first copy and $4 for each extra copy bought at the same time10
Who can askImmediate family with valid ID11

We could not open the city's own vital records page to confirm its current fees, so please check with that office or your funeral home for a death inside the city.

If the certificate says pending, that does not mean something is wrong. A pending certificate is still legal proof of death, though each bank or insurer decides what it accepts.12 Pending cases can last from several weeks to many months.13

How can a family get an autopsy report in Harris County?

A copy of a completed report is available from the Institute from 8 a.m. to 4:30 p.m. on weekdays.14 You can also write to Administrative Services, Autopsy Report Order, 1861 Old Spanish Trail, Houston 77054.15

These reports can be very hard to read. Many families ask a trusted doctor or their lawyer to go through it first and share only what they want to know.

Who can file a wrongful death claim in Houston?

Texas allows a claim when someone's wrongful act or carelessness caused a death, including the acts of a company's workers.16 The claim belongs to the surviving spouse, children and parents, and one of them can file for all.1 Siblings are not on that list.

If the family has not filed within three months, the executor or administrator must file unless all of them ask not to.17 Separately, the injury claim your loved one had before dying passes to the heirs, legal representatives and estate.18 That second claim can cover the medical bills and suffering before death.

A family may need court papers to act for the estate. In Harris County, the County Clerk's probate department issues letters of administration.19 Probate Court No. 2, as one example, sits at 201 Caroline, Suite 680.20

How long does a family have to file in Houston?

Generally 2 years from the date of death.2 We know grief does not follow a calendar, so it can help to speak with someone early, even if you are not ready to decide anything.

If a government may be involvedNotice needed
City of HoustonWritten, verified notice within 90 days3
Harris CountyWritten notice within 180 days21
METROSigned form within 180 days22
Another Texas government bodyUsually 6 months23

These are much shorter than the 2-year limit. If your loved one died in a crash with a city vehicle or on public property, please ask a lawyer about this soon. A trusted relative can make the call for you.

What if my family member died in a crash in Houston?

You are far from alone, though we know that is little comfort. TxDOT counted 293 people killed in crashes in Houston in 2025.24 In Harris County the count was 503.25 HPD's Vehicular Crimes Division investigates fatal crashes, and you can reach it at 713-247-4072.2627 Ask for the name of the investigator and the case number.

A truck crash needs special care, because companies are required to keep some records only for a limited time. Harris County saw 43 people die in commercial vehicle crashes in 2025.28 A family's lawyer can ask the company to save what it has.

What can a Houston family recover?

No page can put a number on this, and no one can honestly promise one. A claim can seek damages for what the family has lost. Extra damages meant to punish may be available if the death came from a willful act or gross negligence.29 If your loved one was found more than 50% responsible, Texas may bar recovery.30

When you are ready, gather what you can: pay stubs, tax returns, photos and a short list of the people who depended on them. There is no wrong order, and there is no need to finish it all at once.

Questions

How long do I have to file a wrongful death lawsuit in Houston?

Generally 2 years from the date of death.2 A claim against the City of Houston needs written notice within 90 days.3

Who can file a wrongful death claim in Texas?

The surviving spouse, children and parents.1

Does a pending death certificate count?

The Harris County Institute of Forensic Sciences says a pending certificate is still legal proof of death.12

Where do I get a death certificate for someone who died in Houston?

Usually through your funeral home.8 The County Clerk keeps records for areas outside the city limits.9

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Houston

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Sources

  1. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  3. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “duly verified, within 90 days after the same has been sustained”
  4. Harris County Institute of Forensic Sciences, Family Information, checked 2026-11-08. “Family Liaison Team (832) 927-5006”
  5. Harris County Institute of Forensic Sciences, Family Information, checked 2026-11-08. “Administrative Services (832) 927-5004”
  6. Houston Police, Phone Directory, checked 2026-11-08. “Victim Services Unit 713 308-0080”
  7. Harris County Institute of Forensic Sciences, FAQ, checked 2026-11-08. “HCIFS does not issue death certificates.”
  8. Harris County Institute of Forensic Sciences, FAQ, checked 2026-11-08. “You may obtain a death certificate through your selected funeral home or from the local registrar designated to the area where the death occurred.”
  9. Harris County Clerk, Personal Records, checked 2026-11-08. “The Harris County Clerk's Office maintains death certificates outside the city limits of Houston”
  10. Harris County Clerk, Personal Records, checked 2026-11-08. “The fee is $21.00 for the first copy, $4.00 for each additional copy purchased at the same time.”
  11. Harris County Clerk, Personal Records, checked 2026-11-08. “can be made by immediate family members (self, parents, grandparents, legal spouse, sibling or children - all with valid identification)”
  12. Harris County Institute of Forensic Sciences, FAQ, checked 2026-11-08. “certificate is still a legal proof of death”
  13. Harris County Institute of Forensic Sciences, FAQ, checked 2026-11-08. “Cases can be pending anywhere from several weeks to many months”
  14. Harris County Institute of Forensic Sciences, Autopsy Reports, checked 2026-11-08. “Individuals may obtain a copy of a completed autopsy report from the Harris County Institute of Forensic Sciences from 8 a.m. to 4:30 p.m., Monday through Friday”
  15. Harris County Institute of Forensic Sciences, Autopsy Reports, checked 2026-11-08. “Attn: Administrative Services, Autopsy Report Order 1861 Old Spanish Trail Houston, Texas 77054”
  16. Tex. Civ. Prac. & Rem. Code § 71.002(b), checked 2026-11-08. “A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.”
  17. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  18. Tex. Civ. Prac. & Rem. Code § 71.021(b), checked 2026-11-08. “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
  19. Harris County Clerk, Probate Courts, checked 2026-11-08. “letters of testamentary, administration and guardianship”
  20. Harris County Probate Court No. 2, Heirship and Administration Checklist, checked 2026-11-08. “201 Caroline, Suite 680”
  21. Harris County, Claim Filing Procedures, checked 2026-11-08. “Written notice of your claim must be mailed or delivered in person within 180 days of the occurrence to: Harris County Commissioners Court 1001 Preston, Room 610 Houston, Texas 77002”
  22. METRO, Notice of Claim Form, checked 2026-11-08. “within 180 days of the incident by anyone desiring to make a claim against METRO”
  23. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  24. TxDOT, 2025 Crashes and Injuries Cities and Towns, checked 2026-11-08. “HOUSTON 273 293 1,249 1,465 5,173 7,285 12,649 19,059 38,296 112,109 2,677 19,011 60,317”
  25. TxDOT, 2025 Fatal Crashes and Fatalities by County and Road Type, checked 2026-11-08. “Harris 125 134 56 58 24 25 67 69 186 198 19 19 0 0 0 0 477 503”
  26. Houston Police, Vehicular Crimes, checked 2026-11-08. “VCD is specifically tasked with investigating crashes with a criminal nexus, such as fatal crashes, Failure to Stop and Render Aid (FSRA), Failure to Stop and Give Information (FSGI) accidents, as well as crashes involving HPD and HFD fleet vehicles.”
  27. Houston Police, Phone Directory, checked 2026-11-08. “Vehicular Crimes Division 713 247-4072”
  28. TxDOT, 2025 Commercial Motor Vehicle Involved Crashes by County, checked 2026-11-08. “Harris 41 43 108 125 541 820 880 1,326 4,272 15,347 71 875 5,913”
  29. Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-08. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”
  30. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”

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