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Deaths in custody · Claiming the body

When someone dies in jail, prison or ICE detention in Texas: claiming the body

Who notifies the family, whether there is an autopsy, who signs the release, what the deadlines are, who pays, and what the funeral home does, with every rule linked to the agency document it comes from.

The short answer

The family keeps the right to claim the body. A county jail death goes to the medical examiner, who releases it to the funeral home the next of kin names. TDCJ holds the body until the family answers in writing. ICE gives the family seven days, then the consulate seven more. Federal prisons let the next of kin decide.

Not legal advice This page summarizes published rules so a family knows what to ask; questions about a wrongful death or a civil-rights claim belong with an attorney.

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Every rule on this page links to the agency document it comes from · Page published

Carlos Vargas, Texas Licensed Funeral Director and Co-Founder, Vargas-London Funeral Home
Written by
Carlos Vargas, Texas Licensed Funeral Director (TFSC #119648) & Co-Founder
Sources checked against the agency documents · Updated November 2, 2026

Who tells the family, and how fast?

It depends on who held your family member. Each system has a written rule, and each names a different person to make the call.

Texas state prison (TDCJ)

Tex. Gov't Code 501.055(c) says TDCJ "shall immediately attempt to notify the next of kin," state the time of death, and say an autopsy will be performed "unless the next of kin objects within eight hours." Under TDCJ CMHC Policy A-11.1, effective April 15, 2025, the Warden "shall immediately notify the facility Chaplain and the Office of the Inspector General (OIG). The Chaplain will inform the next of kin of the inmate's time of death." UTMB Decedent Affairs says the Chaplain also contacts the next of kin "for autopsy consent and funeral home disposition."

County jail

The jail's first call goes to a justice of the peace under Code of Criminal Procedure art. 49.18(a). In Dallas, Tarrant, Collin and Denton counties the medical examiner takes the case, because art. 49.25 sec. 6(a) covers a person who dies "in prison or in jail." Under 37 TAC 269.1(5) the sheriff reports the death to the Texas Commission on Jail Standards within 24 hours, and the Commission appoints an outside agency to investigate. Neither rule sets a clock for telling the family, who usually hear from the jail, the examiner, or both. Our Texas medical examiners page lists each office.

Federal prison (BOP)

BOP Program Statement 5553.09 (May 7, 2026), section 4.b: "The Warden or designee telephones the person named in the BP-A0408 … immediately to communicate the circumstances," a call "ordinarily conducted by the Chaplain." A condolence letter follows. The BOP line for FMC Fort Worth and FCI Seagoville is 603-342-4000.

ICE detention

ICE Directive 11003.6, section 5.2: the Field Office Director "must coordinate with the appropriate consulate to notify the detainee's next of kin" no later than 24 hours after the death, and if the consulate will not, calls the next of kin "in a language the next of kin can understand." A condolence letter goes out within 48 hours. The Detention Reporting and Information Line is 1-888-351-4024.

Does the family get the body, and is there a deadline?

Yes, in every system, if the family asks. The deadlines differ, and two systems publish none.

TDCJ: no fixed deadline, and no burial until the family answers

Policy A-11.1 has a TDCJ-contracted funeral home remove the body, take it to the postmortem site, file State form VS-115, "Report of Death," and serve as "the funeral home of record." The next of kin then names the funeral home that will receive the body. There is no claim deadline: section II.E says the Huntsville Unit "shall not make arrangements to bury the inmate" until it receives an email or fax from the family stating that it does not wish to claim the body, or an email from the Chaplain who tried to locate the family. Give the Chaplain the family's decision in writing, whichever way it goes.

County jail: the medical examiner's release

The examiner takes charge of the body "in the absence of next of kin" (art. 49.25 sec. 6(c)) and releases it when the legal next of kin signs a release naming a funeral home.

Federal prison: the next of kin decides

Program Statement 5553.09, section 4.b(1): "only the next of kin may determine the disposition of the deceased's remains and property," under the law of the state where the death occurred; the Case Management Coordinator "coordinates the disposition/shipping of the inmate's remains." No claim deadline is published; ask the institution how long it holds the body and name your funeral home in writing.

ICE: seven days, then the consulate, never cremation

ICE PBNDS 2011, Standard 4.7 (revised December 2016), section V.G: "Within seven calendar days of the date of notification … the family shall have the opportunity to claim the remains." If the family cannot be found or declines, the consulate is notified in writing and has seven calendar days to claim and pay. If neither claims the body, "ICE/ERO shall schedule an indigent's burial," and "under no circumstances shall ICE/ERO authorize cremation or donation of the remains."

Is an autopsy automatic?

No system makes it automatic.

TDCJ. For a natural, attended death, Gov't Code 501.055 and Policy A-11.1 have the autopsy performed unless the next of kin objects within eight hours of notification. For any other death the Warden calls the justice of the peace, the body "should not be moved" until the inquest, and the justice of the peace or examiner "shall be requested to authorize a postmortem examination."

County jail. Art. 49.04(a)(1) requires an inquest when a person "dies in jail," which is not the same as an autopsy. Tarrant County says "whether to perform an autopsy is left to the examiner's judgment"; Dallas County says it is "at the discretion of the medical examiners," family consent is not required, and religious objections are honored "whenever possible." Dallas publishes an Objection to Autopsy form, and Tarrant an Autopsy Waiver (January 2025) on its forms page. The report is due in 30 days by statute; Tarrant warns of up to 12 weeks, Dallas 8 to 12.

Federal prison. BOP Program Statement 6080.02 (May 7, 2026) and 28 CFR 549.80: the Warden may order an autopsy and toxicology without consent in a homicide, suicide, fatal illness or accident, or unexplained death, though "an attempt should always be made to inform the next-of-kin." Otherwise the autopsy needs written consent under state law, on form BP-A0797.

ICE. Standard 4.7, section V.I: an autopsy may be ordered by the FBI, the local examiner, ICE or a health authority; otherwise it needs written consent under state law, and religious preference is verified "prior to final authorizations for autopsies or embalming."

Who pays?

  • The funeral. Health and Safety Code 711.002(a-3): the person who exercises the right to control disposition is liable for the cost of interment, in custody or not. Our pricing page and General Price List show every item; the burial assistance page lists the help that exists.
  • ICE. Standard 4.7 says the family pays "all associated costs (e.g., transportation of body, burial)," then adds: "If the family wishes to claim the remains, but cannot afford the transportation costs, ICE/ERO may assist the family by transporting the remains to a location in the United States." Ask for that help in writing.
  • TDCJ. Policy A-11.1 does not say who pays to move the body from the unit or postmortem site to the family's funeral home. Ask the Chaplain before the transfer is arranged.
  • Federal prison. Program Statement 5553.09 has no cost language. Ask the Case Management Coordinator.

Where the death report is published

Two public reports exist, and both run on 30-day clocks.

The Texas custodial death report. Under art. 49.18(b) the facility's director files a report with the Texas Attorney General within 30 days, and the Attorney General makes it public except for privileged portions; TDCJ's Office of the Inspector General files the same report for every prison death. Search the Custodial Death Report database, which holds the last 10 years and filters by agency, county, TDCJ unit, name and date.

The ICE Detainee Death Report. Directive 11003.6, section 5.3: an interim notice goes on ice.gov once the family and consulate are notified, the Detainee Death Report follows within 30 days, and Congress requires publication within 90 days. Reports are listed by fiscal year on the detainee death reporting page. We found no BOP page that publishes a report on an individual death.

The autopsy report and photographs. Examiner records are public, and art. 49.25 sec. 11 makes autopsy photographs and X-rays, normally withheld, disclosable "if the decedent died in law enforcement custody." Each county examiner releases the report on written request; the forms are in the table below.

One housekeeping note: H.B. 1610 (2025) recodifies Chapter 49 of the Code of Criminal Procedure effective April 1, 2027, so the article numbers cited here will be renumbered then.

If the person was a foreign national

The facility, not the family, has the duty to tell the consulate. Article 37(a) of the Vienna Convention on Consular Relations says the authorities "shall have the duty … in the case of the death of a national of the sending State, to inform without delay the consular post," and the State Department's 7 FAM 210 (revised April 4, 2025) places that duty on the facility. BOP policy has the Warden notify "the appropriate consulate official by telephone, no later than the next workday"; ICE's directive sets 24 hours.

From there, the consulate and the funeral home prepare the papers to send the body home, which we handle through our repatriation of remains service; each consulate confirms its own document list.

Who has the right to decide the funeral?

Health and Safety Code 711.002(a) sets the order, and custody does not change it: (1) the person named in the deceased's signed written instrument; (2) the surviving spouse; (3) any one adult child; (4) either parent; (5) any one adult sibling; (6) the executor or administrator; (7) the next degree of kinship. Section 711.002(l) removes only a person arrested or charged with a family-violence homicide of the deceased, or subject to a protective order. That person signs the examiner's release. The Texas Funeral Law Digest explains the rest of the chapter.

If no one claims the body

TDCJ. The contracted funeral home buries the body in the prison cemetery, "coordinated with the Warden/Facility Administrator of the Huntsville Unit," 815 12th St, Huntsville 77348, (936) 437-1555, only after the family's written answer or the Chaplain's report that the family could not be found. ICE schedules an indigent burial after the family's seven days and the consulate's seven; cremation is never authorized.

County deaths. Health and Safety Code 694.002 requires each county's commissioners court to "provide for the disposition of the body of a deceased pauper." Dallas County offers no burial financial assistance; the next of kin may instead sign the Adult Body Disposition Request (October 2024) for a county cremation, after which the remains are not returned. Tarrant County runs a County Burial Assistance Program that provides cremation, at 817-920-5700 ext. 8678.

Unclaimed bodies generally. Health and Safety Code chapter 691 covers bodies institutions cannot place: a 72-hour search for relatives, 48 hours for a notified relative to claim, and 60 days in which a relative may still reclaim the body (691.025); a relative, a "bona fide friend," or an organization may claim it "without requiring payment" (691.024). TDCJ's policy does not say whether it follows chapter 691, and Program Statement 5553.09 says nothing about an unclaimed federal inmate; ask the institution.

What Vargas-London does

Services we perform after a death in custody, not promises about what an agency will decide.

  • Receive the body from the examiner or the facilityWith the signed release, during release hours, coordinating with the TDCJ funeral home of record when there is one.
  • The death certificateFiled within 10 days under Health and Safety Code 193.003, with the certified copies the family needs. See death certificates.
  • The cremation permitThrough the Dallas County portal (CremationInquiry@dallascounty.org); no cremation inside 48 hours of death without the examiner's written waiver.
  • TransportFrom the examiner or facility to our care, and on to the burial place in Texas or another state.
  • RepatriationThe consular paperwork and the flight home, through our repatriation of remains service.
  • A service the family can affordDirect cremation, immediate burial, or a full service with a viewing, every price on the General Price List; the burial assistance page lists the help we know of.
  • The paperwork a facility asks forA written statement from the family naming us as the receiving funeral home, sent to the Chaplain, the Case Management Coordinator or the field office, with our 24-hour number.

If a family member in custody needs to attend the service, see whether an inmate can attend a funeral in Texas.

How to claim the body of a family member who died in custody

These steps follow the published procedures. Where a facility has not published one, the step says so.

  1. Confirm who has the body. TDCJ: the unit Chaplain, or UTMB Decedent Affairs, (409) 772-2810. County jail: the county medical examiner. Federal: the Warden's office, through the BOP line 603-342-4000. ICE: the field office, which reaches you through the consulate, or the Detention Reporting and Information Line, 1-888-351-4024.
  2. Answer the autopsy question right away. TDCJ natural death: object within eight hours of notice under Gov't Code 501.055. County case: Dallas has an Objection to Autopsy form and Tarrant an Autopsy Waiver; the examiner decides. Federal: written consent on form BP-A0797 when consent applies. ICE: religious preference is verified first.
  3. Identify the person with the legal right to decide. Health and Safety Code 711.002(a): the person named in the deceased's written instrument, then spouse, adult child, parent, adult sibling, executor, next of kin. That person signs the release.
  4. Name the funeral home in writing. Dallas: the Funeral Home Release Form (2026). Tarrant and Denton: the Authorization to Release Remains, fax accepted. TDCJ: tell the Chaplain which funeral home will receive the body. ICE: within seven calendar days of notification. Federal: the next of kin decides and the Case Management Coordinator arranges shipping.
  5. We collect the body and file the death certificate. We pick up during release hours, coordinate with the TDCJ funeral home of record if there is one, and file the death certificate within 10 days under Health and Safety Code 193.003. ICE gives the original certificate to the person who claimed the body; BOP sends a copy to the person who received the remains.
  6. If your family member was a citizen of another country, tell us. The facility must notify the consulate under article 37 of the Vienna Convention. We prepare the repatriation documents with the consulate and arrange transport home.
  7. Request the records. The Attorney General's Custodial Death Report database; the county examiner's report request form; TDCJ records through PIA@tdcj.texas.gov; the ICE report on ice.gov within 30 days. Questions about wrongful death or civil rights go to an attorney.

If you have not yet made arrangements, our guide to what to do when someone dies in Texas covers the first calls, and you can start arrangements with us online or by phone at any hour.

Questions families ask

What happens when someone dies in jail in Texas?

The jail notifies a justice of the peace under Code of Criminal Procedure art. 49.18(a), and the county medical examiner investigates because art. 49.25 sec. 6(a) covers a person who dies in prison or in jail. The sheriff reports the death to the Texas Commission on Jail Standards within 24 hours, and the facility files a custodial death report with the Texas Attorney General within 30 days. The medical examiner holds the body until the legal next of kin signs a release to a funeral home.

How do I claim a body from the Dallas County medical examiner?

The legal next of kin signs the Dallas County Funeral Home Release Form (2026) naming the funeral home. The Dallas County FAQ says release usually comes within 24 to 48 hours after identification and examination, and asks families to arrange within 3 days of notification. The office is at 2355 N. Stemmons Fwy, Dallas 75207, (214) 920-5900. Our guide to the Dallas County Medical Examiner release walks through it.

Who pays for the funeral when an inmate dies in TDCJ?

The family that claims the body arranges and pays for the funeral; Health and Safety Code 711.002(a-3) says the person who exercises the right to control disposition is liable for the cost of interment. TDCJ CMHC Policy A-11.1 does not say who pays to move the body from the unit to a funeral home the family chooses, so ask the unit chaplain before the body is moved. If the family does not claim the body, TDCJ's contracted funeral home buries it in the prison cemetery.

How long does the medical examiner keep the body?

Dallas County says the body is usually released within 24 to 48 hours after identification and examination. Tarrant County says remains are generally ready for release within 24 hours, and releases them on weekdays from 7 a.m. to 3 p.m. only. Collin County does not publish its release hours; call (972) 548-3775.

Can I refuse an autopsy for a family member who died in prison?

For a natural, attended death in TDCJ custody, Tex. Gov't Code 501.055 says the autopsy goes ahead unless the next of kin objects within eight hours of being notified. For deaths the medical examiner handles, Dallas County says the autopsy is at the discretion of the medical examiners and family consent is not required, though religious objections are honored whenever possible; Dallas publishes an Objection to Autopsy form and Tarrant an Autopsy Waiver. In federal prison the Warden may order an autopsy without consent in a homicide, suicide, fatal illness or accident, or unexplained death.

Where are unclaimed Texas prisoners buried?

TDCJ CMHC Policy A-11.1 says an unclaimed body is buried in the prison cemetery by the contracted funeral home, coordinated with the Warden of the Huntsville Unit, 815 12th St, Huntsville 77348, (936) 437-1555. The Huntsville Unit does not make burial arrangements until it receives an email or fax from the family declining to claim the body, or an email from the Chaplain who tried to locate the family.

How do I get the custodial death report?

Search the Texas Attorney General's Custodial Death Report database, which holds the last 10 years and can be filtered by agency, county, TDCJ unit, name and date. The report is due to the Attorney General within 30 days of the death under art. 49.18(b). The autopsy report comes from the medical examiner: Dallas County by written request to Records, (214) 920-5920, $15 notarized or $5 plain; Tarrant County through its Report Request form; Denton County free by email to tcmerecords@tarrantcounty.com.

What happens if someone dies in ICE detention?

ICE Directive 11003.6 requires the Field Office Director to coordinate with the consulate to notify the next of kin no later than 24 hours after the death. Under PBNDS 2011 Standard 4.7, the family has seven calendar days from notification to claim the remains. If the family cannot be found or declines, the consulate gets seven calendar days, and if neither claims the body ICE schedules an indigent burial; ICE never authorizes cremation. A Detainee Death Report is published on ice.gov within 30 days.

How do I send a detainee's body back to Mexico?

Claim the remains within the seven-day window and name a funeral home. The facility must already have told the consulate of the death under article 37 of the Vienna Convention on Consular Relations. We prepare the repatriation paperwork with the consulate, the death certificate and the transport; see our repatriation of remains page. Each country sets its own document requirements, which the consulate confirms.

Does ICE pay to transport the body to the family?

PBNDS 2011 Standard 4.7 says the family pays all associated costs, such as transportation of the body and burial. It adds that if the family wishes to claim the remains but cannot afford the transportation costs, ICE/ERO may assist by transporting the remains to a location in the United States. That is a may, not a must; ask the field office in writing.

Who has the legal right to make funeral decisions in Texas?

Health and Safety Code 711.002(a) sets the order: the person named in the deceased's signed written instrument, then the surviving spouse, any one adult child, either parent, any one adult sibling, the executor or administrator, and then the next degree of kinship. Being in custody does not change the order. Section 711.002(l) removes only a person arrested or charged with a family-violence homicide of the deceased, or subject to a protective order.

Will the consulate be notified if my relative dies in custody?

Article 37 of the Vienna Convention on Consular Relations puts the duty on the authorities to inform the consular post without delay when a national of that country dies. The State Department's 7 FAM 210 says the duty belongs to the facility, not the family. BOP policy has the Warden telephone the consulate no later than the next workday; ICE's directive sets 24 hours and routes family notification through the consulate.

Federal prison death: who notifies the family?

BOP Program Statement 5553.09 (May 7, 2026) says the Warden or designee telephones the person named on form BP-A0408 immediately to communicate the circumstances, and that the call is ordinarily conducted by the Chaplain. A condolence letter follows, and a copy of the death certificate is sent to the person who received the remains. Only the next of kin may determine the disposition of the remains and property.

Is there county burial assistance in Texas?

Dallas County says it has no county burial financial assistance; the next of kin may instead sign county disposition paperwork for a county cremation, after which the remains are not returned. Tarrant County runs a County Burial Assistance Program that provides cremation, at 817-920-5700 ext. 8678. Health and Safety Code 694.002 requires every county's commissioners court to provide for the disposition of the body of a deceased pauper. Our burial assistance page lists other sources of help.

Sources

This page summarizes documents published by the agencies named. Policies change; the facility or examiner that holds your family member has the current rule. This is general information, not legal advice. Our Texas Funeral Law Digest covers the laws that govern the funeral itself.

Call us. We will handle the release and bring your family member into our care.

Tell us which facility or medical examiner has your family member, and we take it from there. 12101 Greenville Ave, Ste 118, Dallas, TX 75243.

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