⚰️ Final Wishes, Funeral & Burial Planning in Texas
Don't Make Your Family Guess What You Wanted
This may be one of the hardest sections of estate planning to think about.
But it may also be one of the greatest gifts you can give your family.
After someone dies, family members may suddenly have to make dozens of decisions while grieving.
They may ask:
⚰️ Did they want to be buried or cremated?
⛪ Did they want a funeral or memorial service?
🪦 Did they already own a cemetery plot?
💰 Did they prepay for anything?
👗 What did they want to wear?
🎵 What songs did they want played?
📸 What picture should we use?
🌸 Did they want flowers?
❤️ Did they have any special requests?
And sometimes the biggest question is:
Who actually has the authority to make these decisions?
You can make many of these decisions easier by planning ahead.
⚖️ WHO HAS THE RIGHT TO MAKE FINAL ARRANGEMENTS IN TEXAS?
Texas law establishes an order of priority for who has the right to control the disposition of a person's remains when the person hasn't left qualifying written directions.
Generally, that priority begins with:
- A person properly designated in writing by the deceased
- Surviving spouse
- Surviving adult child
- Surviving parent
- Surviving adult sibling
and then certain other persons identified by Texas law.
Here's the important lesson:
You may be able to choose the person yourself while you're alive.
You don't necessarily have to leave everyone wondering who should be in charge.
📄 TEXAS APPOINTMENT FOR DISPOSITION OF REMAINS
Texas law provides for a written:
APPOINTMENT FOR DISPOSITION OF REMAINS
This document allows you to designate an agent to control the disposition of your remains after your death.
The Texas statutory language also allows you to name successor agents.
Think of it this way:
Your Medical Power of Attorney deals with healthcare decisions while you're alive but unable to make them.
Your Durable Power of Attorney deals with certain financial/property matters while you're alive.
Your Appointment for Disposition of Remains deals specifically with who will control decisions regarding the disposition of your remains after your death.
These are different documents with different purposes.
👤 WHO SHOULD I CHOOSE?
Think carefully.
This person may have to make decisions during an emotional time.
Ask yourself:
☐ Do I trust this person?
☐ Does this person know what I want?
☐ Will this person follow my wishes?
☐ Can this person handle family pressure?
☐ Is this person organized?
☐ Will this person communicate with the funeral home?
☐ Have I actually discussed this responsibility with them?
Don't choose someone simply because you think you're supposed to.
Choose someone you trust to carry out your wishes.
📄 VIEW TEXAS APPOINTMENT FOR DISPOSITION OF REMAINS
👥 CONSIDER SUCCESSOR AGENTS
Just as we discussed with other estate-planning documents, have a backup plan.
Your first choice could:
⚰️ Die before you
🏥 Become unable to serve
🚫 Refuse to serve
📍 Be unavailable
or circumstances could otherwise change.
My First Choice:
First Successor:
Second Successor:
✍🏽 CAN I DO THIS MYSELF?
A DIY approach may be possible.
Texas law actually contains statutory language for an Appointment for Disposition of Remains.
That means you don't necessarily need to pay someone to invent a document for you.
But follow the Texas requirements.
Don't simply write someone's name on a piece of paper and assume you've created the statutory appointment.
Use the current Texas requirements and carefully read the document before signing.
🟡 DOES IT NEED TO BE NOTARIZED?
The principal's signature must be acknowledged.
For the statutory Appointment for Disposition of Remains, Texas law requires the person's signature to be acknowledged.
In practice, this commonly means signing/acknowledging the document before a notary or other authorized officer.
Don't sign it ahead of time without first reviewing the execution requirements.
The agent and any successor agent do not have to sign the appointment for your designation itself to be valid, but an agent who actually acts under the appointment must accept the appointment as required by Texas law before acting.
💰 IMPORTANT — THE PERSON WHO TAKES CONTROL MAY ALSO TAKE ON FINANCIAL RESPONSIBILITY
This is something I don't want you to overlook.
Under Texas law, a person exercising the right to control disposition in many circumstances can be personally responsible for the reasonable cost of interment, although that person may seek reimbursement from the deceased person's estate.
TALK TO THE PERSON YOU'RE CONSIDERING.
Don't surprise someone with this responsibility after you're gone.
Your funeral funding plan matters too.
📜 CAN I PUT MY FUNERAL WISHES IN MY WILL?
Texas law does allow written directions concerning disposition of remains to be included in a will.
Texas law says those directions can be carried out immediately without waiting for the will to go through probate.
But there's still a practical issue:
WILL YOUR FAMILY KNOW WHAT YOUR WILL SAYS WHEN THEY NEED TO MAKE THE ARRANGEMENTS?
Funeral decisions can happen very quickly after death.
That's why I don't want your only plan to be:
“It's somewhere in my will.”
Make sure the appropriate person knows:
📄 That you left instructions
📂 Where they're located
👤 Who you've designated
🏡 Whether arrangements have already been made
Don't hide the instructions everyone will need immediately.
⚰️ BURIAL OR CREMATION?
This is one of the first things your family may need to know.
My preference is:
☐ Traditional Burial
☐ Cremation
☐ Green/Natural Burial
☐ Donation/Other Arrangement
☐ I haven't decided
If burial:
Preferred Cemetery:
Do I already own a plot?
☐ Yes
☐ No
Plot information located:
If cremation:
My preference for my cremated remains is:
☐ Kept by family
☐ Buried
☐ Placed in a columbarium
☐ Scattered where legally permitted
☐ Other: ___________________________
🪦 DO YOU ALREADY OWN A CEMETERY PLOT?
Don't assume your family knows.
Record:
Cemetery:
Location:
Plot/Space Information:
Who Owns the Right to the Plot:
Documents Located:
If you've already purchased something, keep the paperwork with your important records.
🏡 FUNERAL HOME
Do I have a preferred funeral home?
☐ Yes
☐ No
Funeral Home:
City:
Phone:
Have I already discussed arrangements with them?
☐ Yes
☐ No
💰 PREPAID FUNERAL ARRANGEMENTS
Some people choose to prearrange or prepay funeral services.
If you have:
TELL SOMEONE.
Don't spend thousands of dollars on arrangements and leave your family unaware that they exist.
I have prepaid arrangements:
☐ Yes
☐ No
Provider:
Contract Information Located:
What is included:
Is everything guaranteed?
☐ Yes
☐ No
☐ I need to check
🚨 IF YOU'RE CONSIDERING PREPAYING, ASK QUESTIONS
Don't purchase a prepaid funeral plan simply because someone tells you:
“Your family won't have to pay anything later.”
Find out exactly what the contract covers.
Ask:
What is guaranteed?
What isn't guaranteed?
What happens if prices increase?
What happens if I move?
Can arrangements be transferred?
Can I cancel?
What happens to the money?
Are cemetery costs included?
Are cash-advance items included?
Read the contract.
Prepaid funeral arrangements can involve significant money.
🛡️ LIFE INSURANCE & FINAL EXPENSES
You may already have life insurance intended to help your family with final expenses.
Record:
Insurance Company:
Policy Information Located:
Beneficiary:
Remember:
Life insurance and prepaid funeral arrangements are not automatically the same thing.
Make sure your family knows what exists.
⛪ MY FUNERAL OR MEMORIAL SERVICE
My preference:
☐ Traditional Funeral
☐ Memorial Service
☐ Celebration of Life
☐ Graveside Service
☐ Private Family Service
☐ No Formal Service
☐ Other: ___________________________
Preferred Church/Venue:
Clergy/Officiant:
People I would like involved:
🎵 MUSIC
Songs I would like played:
Don't worry if you don't know yet.
You can update this page later.
📖 READINGS, SCRIPTURES OR SPECIAL WORDS
Scripture, poem, reading or other selection:
Person I would like to read/speak:
👗 WHAT WOULD I LIKE TO WEAR?
This may seem like a small detail.
But it's exactly the kind of question families often have to answer.
My preference:
Clothing is located:
Jewelry/accessories:
Special instructions:
📸 WHICH PHOTO SHOULD THEY USE?
Instead of making your family search through thousands of pictures on a phone, consider choosing a few photographs you love.
My preferred obituary/service photo is located:
Additional photos for memorial displays are located:
🌸 FLOWERS OR SOMETHING ELSE?
My preference:
☐ Flowers
☐ Donations to charity
☐ Both
☐ No preference
Preferred Charity/Cause:
📰 OBITUARY INFORMATION
You don't have to write your entire obituary today.
But you can make it easier for your family.
Information they may need includes:
Full Legal Name:
Name I Want Used Publicly:
Birthplace:
Parents' Names:
Spouse:
Children:
Grandchildren:
Education:
Career/Businesses:
Organizations/Community Involvement:
Important Accomplishments:
Things I Want People to Remember About Me:
📞 PEOPLE WHO SHOULD BE NOTIFIED
Don't make your immediate family search through your phone trying to determine who needs to know.
Family:
Close Friends:
Employer/Business Contacts:
Church/Organization:
Attorney:
Accountant/Tax Professional:
Other:
📰 BE CAREFUL WITH OBITUARY INFORMATION
An obituary does not create legal heirs, but statements made in it may later become relevant in a family or probate dispute. If heirship is uncertain, don't guess.
An obituary is more than an announcement.
It may become a permanent public record of the family information provided after someone's death.
But understand this important distinction:
An obituary is NOT a legal document that determines who someone's heirs are.
Simply listing a person as a:
Son
Daughter
Child
Spouse
or other relative does not automatically create inheritance rights.
A Texas probate court determines legal heirs based on applicable law and evidence.
However, that doesn't mean the wording of an obituary should be taken lightly.
If an inheritance or family relationship is later disputed, an obituary could potentially be pointed to as one piece of evidence showing how the family publicly described a person's relationship to the deceased.
So be accurate.
⚠️ DON'T GUESS ABOUT FAMILY RELATIONSHIPS
This can be especially important when preparing an obituary after someone dies.
Suppose the family is unsure whether someone is legally or biologically the deceased person's child.
Don't automatically write:
“He is survived by his son, John Smith...”
simply because someone says that is the relationship.
There could later be questions involving:
🏠 Real estate
💰 Bank accounts
📜 An intestate estate
👨👩👧 Heirship
📈 Other inherited property
Listing someone in an obituary does NOT make that person an heir.
But unnecessarily creating a public statement about a disputed family relationship may create another issue that eventually has to be explained.
👶 BIOLOGICAL CHILDREN AREN'T THE ONLY ISSUE
Also be careful about using the phrase “biological child” as though biology alone determines inheritance.
Texas inheritance law can involve several legally significant parent-child relationships and circumstances, including matters involving:
👶 Biological parentage
📜 Adoption
⚖️ Established parentage
👨👩👧 Certain other legally recognized parent-child relationships
So if there's a genuine question about whether someone is legally an heir:
Don't try to settle that question through the obituary.
The obituary writer does not determine heirship.
The probate process and applicable Texas law do.
✅ A SAFER APPROACH WHEN THERE IS UNCERTAINTY
If family relationships are complicated or disputed, consider wording the obituary more carefully until the facts are confirmed.
And if the issue could affect inheritance or property:
Speak with the probate attorney handling the estate before making statements about legal heirship.
This may be particularly important when:
⚠️ The deceased had no will
⚠️ There are children from different relationships
⚠️ Paternity is disputed
⚠️ An adoption is involved
⚠️ Someone claims to be a child whom the family didn't know about
⚠️ Real estate is involved
⚠️ Significant property is at stake
⚠️ A determination of heirship may be necessary
🏠 CAN AN OBITUARY “TIE UP” PROPERTY IN PROBATE?
Not by itself.
Putting someone's name in an obituary does not automatically give that person ownership of a house or freeze property.
But if there's a legitimate dispute about who the deceased person's heirs are, the property may not be safely distributed until the heirship issue is resolved.
For example, when someone dies without a will, an estate proceeding may require information identifying the deceased person's children, spouse, other heirs, and family history. Texas law specifically requires this type of heir information in estate proceedings.
So the real issue isn't:
“The obituary created an heir.”
It's:
“Someone is claiming heirship, and now the legal relationship may have to be determined.”
That's an important difference.
✍🏽 OBITUARY PLANNING WORKSHEET
You can also make things easier for your family by preparing accurate information in advance.
Full Legal Name:
Name I Want Used in My Obituary:
Date/Place of Birth:
Parents' Names:
Spouse:
Children I Want Listed:
Grandchildren:
Siblings:
Other Family Members:
Are there any complicated or uncertain family relationships my family should NOT guess about?**
☐ Yes
☐ No
If yes, appropriate information/instructions are located:
Important life information:
Businesses/Career:
Organizations/Church/Community:
Accomplishments:
Special message or wording I'd like included:
❤️ THE IMPORTANT LESSON
An obituary is meant to honor someone's life.
It should not be used to determine someone's legal inheritance rights.
Be thoughtful.
Be accurate.
And if there's a genuine question about whether someone is legally the deceased person's child, spouse or heir—and property could be affected—don't guess.
Let the proper legal process determine heirship.
📱 SOCIAL MEDIA & DIGITAL ACCOUNTS
Your digital life doesn't simply disappear when you die.
Think about:
🎵 TikTok
▶️ YouTube
☁️ Cloud storage
🌐 Websites
📷 Digital photos
💰 Monetized accounts
🛒 Online stores
Decide what you generally want.
☐ Memorialize accounts where available
☐ Delete accounts where appropriate
☐ Preserve photos/videos
☐ Preserve business accounts
☐ Transfer/manage digital assets where permitted
☐ I need to investigate my options
My secure digital-account instructions are located:
Do NOT write every password on this unsecured worksheet.
🫀 ORGAN & TISSUE DONATION
Have I documented my wishes concerning organ/tissue donation?
☐ Yes
☐ No
☐ I need more information
Does my family know my wishes?
☐ Yes
☐ No
Information/documentation located:
❤️ PERSONAL MESSAGE TO MY FAMILY
This isn't a legal requirement.
It's simply something you may want to consider.
You could leave:
💌 A letter
🎥 A video
🎙️ An audio message
📖 Personal stories
🙏🏽 Words of encouragement
❤️ Messages for children or grandchildren
My personal message is located:
Sometimes the most valuable thing you leave behind isn't financial.
📝 MY FINAL WISHES SUMMARY
Person I want handling arrangements:
Burial/Cremation Preference:
Funeral Home:
Cemetery:
Prepaid Arrangements:
☐ Yes
☐ No
Life Insurance:
☐ Yes
☐ No
Service Preference:
Important Instructions:
Complete instructions are located:
🟢 WHAT CAN I DO MYSELF?
A LOT.
You can:
☐ Decide burial vs. cremation preferences
☐ Choose the person you trust
☐ Review the Texas Appointment for Disposition of Remains
☐ Write down funeral wishes
☐ Locate cemetery documents
☐ Locate insurance policies
☐ Review prepaid arrangements
☐ Choose photographs
☐ List important contacts
☐ Record service preferences
☐ Organize digital instructions
☐ Talk to your family
You don't need to wait for a crisis.
And you don't need to have every answer today.
Start with what you know.
🔴 WHEN MIGHT I NEED PROFESSIONAL HELP?
Consider professional legal, financial or funeral-planning assistance when:
⚠️ Family members are likely to disagree
⚠️ You want to formally designate someone to control disposition of your remains but don't understand the document
⚠️ You're changing or revoking an existing appointment
⚠️ Your wishes involve unusual arrangements
⚠️ You're considering a significant prepaid funeral contract
⚠️ You don't understand what a prepaid plan covers
⚠️ Estate funds may not be sufficient
⚠️ Your arrangements involve property or cemetery-right disputes
⚠️ Your estate plan and final-arrangement documents appear to conflict
Asking for help doesn't mean you can't do anything yourself.
It means you know when the situation has moved beyond a simple checklist.
✅ YOUR “DO IT THIS WEEK” CHECKLIST
☐ Decide who I want handling my final arrangements
☐ Review the Texas Appointment for Disposition of Remains
☐ Choose backup agents
☐ Talk to the person I want to choose
☐ Decide burial/cremation preference
☐ Locate cemetery paperwork
☐ Locate prepaid funeral contracts
☐ Locate life-insurance information
☐ Write down funeral/service preferences
☐ Select a few photographs
☐ List important people to notify
☐ Review organ/tissue donation wishes
☐ Create secure digital instructions
☐ Tell someone where these records are
You don't have to plan every song and every flower.
The goal is simply:
DON'T LEAVE YOUR FAMILY WITH QUESTIONS YOU COULD HAVE ANSWERED.
❤️ THE BIG LESSON
Planning your final arrangements isn't being negative.
It's being organized.
Your family will already be dealing with grief.
If you can remove even a few decisions from their shoulders, you've helped them.
Instead of:
“What do you think she wanted?”
they can say:
“She told us.”
Write it down.
Talk about it.
Complete the appropriate legal documents when needed.
And make sure the people who need the information know where to find it.
➡️ NEXT: Your Estate Planning Final Checklist
We're almost finished.
We've covered:
📜 Wills
⚖️ Probate
🏠 Real estate
🏦 Bank accounts
📈 Retirement and investments
🛡️ Life insurance
✍🏽 Durable Power of Attorney
🏥 Medical Power of Attorney and Advance Directives
📂 Important documents
🏢 Business succession
👨👩👧 Guardianship
⚰️ Final arrangements
Now we're going to put everything together.
The next page will be your:
✅ ESTATE PLANNING FINAL CHECKLIST
It will help you determine:
🟢 What I've completed
🟡 What I'm still working on
🔴 What I need professional help with
📄 What documents I still need
👤 Who needs copies
📂 Where everything is stored
📅 When I should review everything again
So you can leave this section knowing exactly what your next step should be.
📄 VIEW TEXAS APPOINTMENT FOR DISPOSITION OF REMAINS
← PAGE 10: GUARDIANSHIP PLANNING IN TEXAS
🏠 ESTATE PLANNING HOME
PAGE 12: ESTATE PLANNING FINAL CHECKLIST →
⚖️ IMPORTANT DISCLAIMER
This information and worksheet are provided for general educational and organizational purposes only and are not legal, tax, financial, insurance or funeral-planning advice.
The Final Wishes worksheet itself does not appoint a person to legally control the disposition of your remains.
Texas law determines who has the right to control disposition and provides requirements for legally sufficient written appointments and directions.
Use current Texas law and properly executed documents when legal authority is intended. Consult appropriate legal, tax, financial, insurance or funeral professionals when your circumstances require professional assistance.
📄 VIEW TEXAS APPOINTMENT FOR DISPOSITION OF REMAINS