Texas · Montgomery County
What to do when someone dies in Montgomery County, Texas
Montgomery County is home to about 749,613 people. Everything below applies county-wide.
If you cannot afford burial or cremation in Montgomery County, call the Office of the Montgomery County Judge first, before signing anything with a funeral home. If the person was a veteran, free burial benefits may cover even more.
Step 1 of 5 · If money is tight
Montgomery County burial assistance
Do not sign anything with a funeral home before you call. In many counties, signing first disqualifies the family.
Montgomery County program
Indigent Death Assistance (Disposition of Deceased Paupers)
Office of the Montgomery County Judge
Official program pageWho qualifies
A person who died in Montgomery County can be certified as a pauper when the county judge determines the estate has no resources to pay for disposition and the next of kin cannot pay, or their identities or whereabouts are unknown. Policy adopted by Commissioners Court in April 2025.
Time matters here: Submit the notarized application to the county judge before arrangements are made. The applicant also agrees to repay the county if funds later become available.
| Income | No fixed threshold is published. The application requires proof of income for the deceased and for all adult next of kin in the household: bank statements for the 30 days before death, pay stubs, SSI or Social Security statements, and pension statements. |
|---|---|
| Assets | The estate must have no resources that could pay for disposition. The application asks about property, vehicles, life insurance, fundraiser proceeds, and rest home funds held for the deceased. |
| Residency | The death must have occurred in Montgomery County. |
What it covers
Cremation is the standard method. Burial happens only with positive verification that cremation conflicts with the deceased person's religion, and then includes embalming, a basic casket, transport, an outer container, and interment at a county contracted cemetery. No visitation, marker, or add-on services, and family may not pay to add services. The applicant agrees to reimburse the county if funds later become available.
Documents to bring
- Driver license or picture ID for the deceased and the applicant
- Bank statements for the deceased covering the 30 days before death, and for adult next of kin in the household
- Pay stubs, SSI, or Social Security statements where they apply
- Pension fund statements where they apply
- Rest home statement of funds held for the deceased, where it applies
- DD214 or other veteran service information, where it applies
How to apply
Review the county's Deceased Pauper Policy, then email the completed, notarized Application for Disposition of Body of Deceased Paupers with supporting documents to COJUDGE@MCTX.ORG. The county judge makes the determination.
Step 2 of 5 · If they served
Was the person a veteran?
This can replace the county program
You may be able to skip the county program entirely. Veterans can receive a free gravesite, headstone, and perpetual care at a national or state veterans cemetery, plus a VA burial allowance of up to $2,000 for service-connected deaths.
Veteran burial help in Montgomery CountyFrom our free tools
Housing costs weighing on the family too?
Check what housing assistance the household may qualify for, including Section 8 vouchers, in a few minutes. Free, no signup.
Check housing help at CheckMyVoucher.comStep 4 of 5 · The paperwork
Death certificates in Texas
Where copies come from
Certified copies come from the Texas Department of State Health Services, Vital Statistics Section (official site). Order online, by mail, or through the local county clerk where the death occurred. Most families need about 10 certified copies. Check the DSHS site for current fees.
Order about 10 certified copies. Banks, insurers, Social Security, vehicles, and property will each want one.
Know your rights
Every funeral home must follow these rules
Federal law (the FTC Funeral Rule) protects you. Do not let anyone tell you otherwise.
- They must give you prices over the phone. Refusing is a federal violation. Call two or three homes; prices for identical services can differ by thousands on the same street.
- Embalming is rarely required by law. If someone claims it is legally required, ask them to show you the law. Direct cremation and immediate burial never need it.
- You can decline anything in a package. You have the right to an itemized price list and to buy only what you choose.
- You can buy a casket anywhere. The funeral home must accept it without charging a handling fee.
Full rules: the FTC Funeral Rule. If a funeral home breaks them, you can report it to the FTC.
Step 5 of 5 · If you need more
Beyond the county, more help
Where families find the rest
- Dial 211 for local charities, churches, and county funds with money available right now.
- Ask local churches directly. Many congregations have benevolence funds for funerals even for non-members.
- Ask the funeral home about a payment plan or a simpler package. Direct cremation is usually the lowest-cost professional option, and prices vary widely between providers in the same city.
- Considering a fundraiser? Read crowdfunding a funeral: what works.
- And take care of you. Grief is not a checklist. If you are struggling, call or text 988 (free, 24/7) to talk to someone, and most hospices offer free grief support groups to the whole community, no connection to their patients required.
Right now
The first 48 hours
Nothing else on this page matters until these are done. Everything not on this list can wait, and most of it should.
- 1Get the pronouncement. Hospital or hospice handles it; at home, call 911.
- 2Ask one person to help. Making calls should not all be on you.
- 3Look for written wishes or prepaid arrangements before agreeing to anything.
- 4Money tight? Call the county FIRST. Signing with a funeral home first can disqualify you.
- 5Secure the home, pets, vehicles, and any dependents.
- 6Start one folder for every paper you receive. You will need it constantly.
- 7Banks and insurance can wait. That is week one, not today.
Local sponsor
Own a funeral home or cremation service in Montgomery County? This page has one exclusive sponsor spot, reserved at the founding rate of $349 per month.
Sponsor Montgomery CountyQuestions families ask
Straight answers
Who pays for a funeral in Montgomery County if the family has no money?
Montgomery County's assistance program (Indigent Death Assistance (Disposition of Deceased Paupers)) can cover a basic burial or cremation for families who qualify. Call the administering office before signing anything with a funeral home.
Does Social Security pay anything when someone dies?
Yes. An eligible surviving spouse or child can claim a one-time $255 lump-sum death payment by calling 1-800-772-1213, and monthly survivor benefits are often available too.
What if the person who died in Montgomery County was a veteran?
Veterans may qualify for free burial in a national or state veterans cemetery plus a VA burial allowance, which can matter more than any county program. See our Montgomery County veteran page for details.
How many death certificates do I need?
Most families need about 10 certified copies for banks, insurance, and property. In Texas, order through the funeral home or the state vital records office.
How much does a funeral usually cost?
A traditional funeral with burial commonly runs $7,000 to $12,000. Direct cremation is usually the lowest-cost professional option, often $700 to $2,000, and prices vary widely between providers in the same area, so it pays to call two or three. Every funeral home must give you prices over the phone under the FTC Funeral Rule.
I have power of attorney. Can I still use it?
No, and this surprises almost everyone: a power of attorney ends the moment the person dies. After death, authority passes to the executor named in the will, or to a court-appointed administrator when there is no will. Funeral decisions belong to the next of kin in the order set by state law, usually spouse first, then adult children, then parents, then siblings.
Nobody had power of attorney. Is that a problem?
For after-death decisions, no. Power of attorney only matters while someone is alive. The next of kin can make funeral decisions right away, and the estate is handled through the will or, without one, through the state's simple next-of-kin rules. See our guide on what happens when there is no will.
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Estate or probate attorney serving Montgomery County? Families here are one week from probate questions. One exclusive spot, founding rate $349 per month.
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Step 3 of 5 · Money owed to you
The Social Security $255 payment
Who can claim it
A surviving spouse who was living with the person who died, or a spouse or child eligible for benefits on the deceased person's record.
Call Social Security at 1-800-772-1213 or visit a local office. You must apply within 2 years of the death. The funeral home often reports the death to SSA, but the survivor must apply for the payment.
Full guide: the $255 death payment, explained