In Texas, you may name the person who will carry out your funeral arrangements. You can also provide detailed instructions about your final wishes and set aside funds to cover your funeral expenses, including the costs of burial or cremation.
Texas law determines who can make decisions about funerals and body disposition -- that is, burial or cremation -- after someone dies. This right and responsibility goes to the following people, in order:
(Texas Health & Safety Code § 711.002(a).)
How to appoint an agent. To name someone to carry out your final arrangements, you must use a form that complies with the requirements of Texas law. You must sign and date the form in front of a notary public. Before taking action under the document, the representative you name must sign it, too. You can find a copy of the form in the Texas statutes (Texas Health & Safety Code § 711.002) or you can download a free form from the Funeral Consumers Alliance of North Texas.
If you’re in the military. You may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
The most recent statistics from the National Funeral Directors Association put the average cost of a funeral at more than $7,000. This figure doesn’t cover many common expenses such as cemetery costs, markers, flowers, or obituaries. For many people, after a house and a car, funeral goods and services are the most expensive thing they’ll ever buy. It’s wise to make a plan to pay for these costs.
You have two basic options for covering your funeral expenses, including the costs of burial or cremation. You can:
If you don’t do either of these things, your survivors must cover the costs of your funeral arrangements.
Paying in advance. If you want to pay for your funeral arrangements ahead of time, make sure you’re dealing with a reputable funeral establishment and clearly document any plans you make, so your survivors can easily carry them out. Though the law requires providers of funeral goods and services to carefully manage your funds (see Texas Finance Code, Title 3, Subtitle E, Chapter 154: Prepaid Funeral Services), abuses do happen. What’s more, if a funeral establishment goes out of business, your careful planning may be lost.
For more information, see The Prepaid Funeral and Its Perils.
Setting aside funds. The safest and easiest way to cover the costs of your final arrangements is to estimate costs and tuck away the funds in an easily accessible, interest-earning bank account. You can designate a beneficiary who can claim the funds immediately after your death. Make sure the beneficiary understands what the money is for, however, and that you trust him or her completely, because the beneficiary is under no legal obligation to use the funds for your final arrangements.
For more information about setting up an account to cover the costs of your final arrangements, see Payable-on-Death (POD) Accounts: The Basics.
Beyond simply naming a representative, letting your survivors know what kind of funeral arrangements you want -- including your wishes for ceremonies and whether you want to be buried or cremated -- will save them the difficulty of making these decisions during an emotional and stressful time.
You can include your detailed final instructions with the written document that names your agent. If you don’t name an agent, you can write down your directions in any other document that you date and sign in front of a notary public. The person in charge of your body must carry out your directions to the extent that either your estate or the person in charge of your body is financially able to do so. (Texas Health & Safety Code § 711.002(g).)
Nolo offers several tools to help you document your wishes for final arrangements. Each one walks you step-by-step through the process, so you won’t miss any important issues.
While there are many ways to write down your wishes for final arrangements and make them clear, here’s a firm piece of advice to follow: Don’t put them in your will. Your will may not be read until weeks after your death -- far too late to help your survivors. It’s better to prepare a separate document.
Store your final arrangements paperwork in a safe place and be sure your loved ones know where to look when the time comes. It may be helpful to make copies and tell them where to find the originals when they’re needed. If you do so, be sure to keep a list of everyone with copies, in case you need to get them back and change them later.
To find the laws covering funeral arrangements in Texas, plus consumer information and a link to file a complaint against a funeral services provider, visit the website of the Texas Funeral Service Commission.
To learn more about making your final arrangements, see Getting Your Affairs in Order on Nolo.com.
For details on the rules that control disposing of remains in Texas, see Burial and Cremation Laws in Texas.