Step one: the pronouncement — who to call, by setting
Before anything else can happen, a death must be legally pronounced. Who you call depends entirely on where the death occurred:
| Where the death occurred | Who to call first | What happens |
|---|---|---|
| On hospice care (home or facility) | The hospice's 24-hour nurse line | A hospice nurse comes to the home, pronounces the death, and notifies the physician. No police or ambulance involvement is needed for an expected hospice death. |
| Hospital, nursing home, or care facility | The staff — they will call you | Facility staff handle the pronouncement and paperwork, then ask which funeral home should be called for the transfer. |
| Unexpected death at home | 911 | Responders confirm the death. In unattended or unexplained deaths, a justice of the peace or the county medical examiner may need to conduct an inquest before your loved one can be released — see our medical examiner guide. |
The pronouncement establishes the legal date and time of death that will appear on the death certificate. If the medical examiner is involved, release can take an extra day or more — the funeral home you choose coordinates the release for you, and the wait does not affect your options afterward.
Step two: the transfer into care
Once the death is pronounced, one phone call to the funeral home of your choice sets the transfer in motion — at any hour, including nights, weekends, and holidays. A transfer team comes to the home or facility, takes your loved one into care with dignity, and gives you a moment to say goodbye first if you want it. You do not need to have decided anything about services, burial, or cremation before this call.
Under the FTC Funeral Rule (16 C.F.R. Part 453), the choice of funeral provider belongs to the family alone. A hospital, nursing home, or hospice may suggest a funeral home, but they cannot choose for you. And if a funeral home has already taken your loved one into care and you change your mind, you may transfer to another provider — that right stays with you.
What you do NOT have to decide in the first 24 hours
- Burial or cremation. Texas law itself builds in time: a cremation may not take place until at least 48 hours after the death (Tex. Health & Safety Code § 716.054), and refrigeration means a burial decision can also wait. No decision made in the first day is required, and no reputable funeral home will pressure you into one.
- The service. Whether, when, and where to gather can be decided over the coming days — or weeks. Memorial services held well after a burial or cremation are common and completely respected.
- Merchandise and pricing. Federal law entitles you to itemized prices before you agree to anything. Do not sign paperwork you have not read, and do not feel obligated to decide anything at the first conversation.
Practical steps in the first day
- Notify the closest family first, before any wider announcement. Hold off on social media until everyone who should hear it personally has heard it personally.
- Look for existing arrangements: a pre-need funeral contract, a will naming an agent for disposition, life insurance paperwork, or veteran discharge papers (DD-214). If a pre-paid plan exists, tell the funeral home immediately.
- Secure the practical things if the home is now empty: pets, medications (keep them — the medical examiner may ask), locks, and anything valuable.
- Ask about donation early if it matters to your family. Organ, tissue, and eye donation are time-critical and are coordinated through the hospital or the state donor registry within hours of death.
- Start a folder. Every signature, receipt, and certificate from the coming two weeks goes in one place. The death certificate process begins with information you will provide the funeral home — full legal name, Social Security number, parents' names, and birthplace.
Who has legal authority to make decisions
Texas Health & Safety Code § 711.002 sets the order: an agent named in a signed appointment for disposition of remains, then the surviving spouse, then adult children, then parents, then adult siblings. The funeral home will confirm who signs the authorizations. If family disagreement is likely, raise it early — the funeral home has seen it before and can explain exactly whose signature the law requires.
Frequently asked questions
Do we have to call a funeral home the same night?
For a home hospice death, the transfer usually happens within hours, arranged through the hospice. From a hospital or facility, there is a little more time — most facilities can hold your loved one briefly while the family chooses a funeral home. There is no requirement to make final decisions that night; the only call that matters is the transfer into care.
Is embalming required in Texas?
No. Texas rules require that a body be embalmed or refrigerated within 24 hours (22 Tex. Admin. Code § 203.45), and refrigeration satisfies the rule. Embalming is only needed for certain choices the family may make later, such as a public viewing. The FTC Funeral Rule requires the funeral home to tell you this.
What if the death happened away from home or out of state?
Call a funeral home in your own city first. Transporting a loved one home is a routine, coordinated process between two funeral homes, and your local funeral home manages it end to end — you do not need to fly out or negotiate with a distant provider yourself.
The medical examiner is involved. Does that change anything?
It changes the timeline, not your choices. The ME must release your loved one before a funeral home can take them into care, which can add one to several days. Everything else — your choice of provider, service, and disposition — stays exactly the same. Our medical examiner guide explains the process county by county.
What information will the funeral home need from us?
For the death certificate: full legal name, date and place of birth, Social Security number, parents' names (including mother's maiden name), education, occupation, and marital status. For authorizations: the signature of the person § 711.002 puts first in line. Gathering these in the first day or two keeps everything else on schedule.
What comes next
After the first day, the work shifts to paperwork and planning at a humane pace: death certificates, Social Security notification, veteran benefits if the deceased served, and — in its own time — estate settlement. For how long each step typically takes, see timing after a death; for care for yourself and your family, see grief and support.