Texas Death Records: Are They Public + How to Get Them

Texas is a closed-record state for recent deaths. A Texas death certificate stays confidential for 25 years from the date of death, and during that window only the immediate family of the deceased (or someone with a direct, tangible interest) may buy a certified copy. On the 25th anniversary of the death, the record becomes public and anyone may order one. There is one statutory exception that shortens the wait sharply: if the decedent is unidentified, the death record becomes public on and after the first anniversary of the date of death.

Are Death Records Public in Texas?

No, Texas death records are not immediately public. A Texas death certificate is a confidential record for 25 years from the date of death. During that period the certificate is released only to a properly qualified applicant, not to the general public.

This closed-record rule comes from Texas Government Code Section 552.115 and the Health and Safety Code Chapter 191, which together govern vital statistics access. A death record becomes public information on and after the 25th anniversary of the date of death. Section 552.115(a)(2) carves out one case from that rule: if the decedent is unidentified, the death record is public information on and after the first anniversary of the date of death. That shorter window matters to journalists, genealogists, and researchers working on unidentified-remains cases.

Once a record passes that 25-year mark, anyone may order a certified copy. Until then, eligibility for a certified copy is limited to a defined group of relatives and legal representatives. Even within the 25-year window, however, DSHS will issue a death verification letter to anyone. This letter confirms whether a death is on file with the state and, if so, lists the person's name, the date of death, and the county where the death occurred. It is not a legal substitute for a certified copy.

This pattern is common nationwide but the waiting period varies by state. For a side-by-side comparison, see our Death Records by State overview.

Who Can Request a Texas Death Record?

Within the 25-year confidentiality window, only qualified applicants may request a certified copy. According to DSHS, the people named on the record, an immediate family member, a legal guardian, or a legal agent or representative may order one.

DSHS defines an immediate family member as the decedent's spouse, parent, child, brother or sister, or grandparent. The relationship may be by blood, marriage, or adoption.

Anyone outside that group must show a direct, tangible interest in the record. DSHS gives examples such as a court order establishing guardianship or an insurance policy naming the applicant as the beneficiary. A general curiosity or distant relationship does not qualify for a certified copy.

Anyone, however, may request a death verification letter from DSHS. This letter only confirms whether a death record is on file and, if so, lists the person's name, the date of death, and the county of death. It carries no eligibility restriction, but it costs $20, the same as a certified copy, and it is not a legal substitute for one.

Every applicant must verify their identity with an acceptable form of ID, such as a state driver license or ID card, when they apply. After the 25-year period ends, these eligibility limits no longer apply and the record is open to the public.

How to Get a Texas Death Certificate

You order a Texas death certificate from the Department of State Health Services (DSHS) Vital Statistics Section, the state office that holds death records filed in Texas from 1903 to the present. There are three ways to apply.

Online

The fastest option is ordering online through Texas.gov, the state's official application portal, which is available around the clock. In most cases you receive the record the same day, though some applications need 24 hours or more to process.

By Mail

You can mail the death certificate application (form VS-142) to DSHS Vital Statistics in Austin. Mail orders take longer than online or in-person requests because of shipping and processing time.

In Person

You may apply in person at the DSHS headquarters office in Austin or at a participating local registrar. Many in-person requests are completed the same day.

Fees

The first certified copy of a death record costs $20. Each additional copy of the same record ordered at the same time is $3. A death verification letter also costs $20, the same as a certified copy, so it is not a cheaper fallback if you are not eligible for a certificate. Fees are set by the state and are not refundable, even if no record is found, because the fee covers the search. Local county clerk offices may charge slightly different amounts.

Is the Cause of Death Public in Texas?

The cause of death is printed on the Texas death certificate, so it is restricted the same way the rest of the record is during the 25-year confidentiality period. There is no separate, lower tier of access that hides only the medical cause while releasing the fact of death.

That means within 25 years of the death, the cause is available only to qualified applicants who can already obtain the full certificate. After the record becomes public, the cause of death is visible to anyone who orders a copy.

Related autopsy and medical-examiner findings follow different state and county rules. For more on how these records are treated, see Are Cause of Death Records Public? and Are Autopsies Public Records?.

How Far Back Do Texas Death Records Go?

The DSHS Vital Statistics Section holds death records for deaths filed in Texas from 1903 to the present. Records that have passed the 25-year confidentiality threshold are public and available to anyone.

For genealogical and historical research, older records and indexes are also held by the Texas State Library and Archives Commission. These public historical records are the practical way to trace deaths well beyond the open-access cutoff.

There is no national death certificate database. The CDC's National Center for Health Statistics (NCHS) confirms that death records are issued and held by individual states, not the federal government, so a Texas death record must come from Texas.

One national index is the Social Security Administration's Death Master File. The public version of that file, made available after the Bipartisan Budget Act of 2013, excludes deaths that occurred within the most recent three calendar years, so it is not a substitute for an official Texas certificate.

If you are researching related vital records, our guide to Are Birth Certificates Public Records? explains the parallel rules for birth records.

Texas Death Records at a Glance

Disclaimer: This page provides general legal information about public records access in Texas, not legal advice. Eligibility rules, fees, and processing times change, and individual situations vary. Confirm current requirements with the Texas Department of State Health Services Vital Statistics Section before you apply.

Sources

This guide is based on official Texas Department of State Health Services pages, the Texas Government Code and Health and Safety Code, and federal CDC/NCHS and Social Security Administration sources, listed below.