Frequently Asked Questions

 

General Information

Q: What constitutes a Medical Examiner case and why is the Medical Examiner’s Office involved?

A: Article 49.25 of the Texas Code of Criminal Procedure defines which deaths fall under the jurisdiction of the Medical Examiner, including deaths that are sudden, unexpected, violent, unnatural, unattended, or otherwise affect the public interest. In such cases, the Medical Examiner is required to conduct an inquest (investigation). The Medical Examiner’s Office does not provide autopsy services for hospitals, physicians, or civil litigation matters.

 

Q: Are all deaths reported to the Medical Examiner’s Office?

A: No. Under Texas law (Article 49.25), certain deaths must be reported, including:

• Deaths within 24 hours of hospital admission, or in custody
• Unnatural or suspicious deaths
• Deaths with unknown cause or circumstances
• Suspected suicides
• Deaths without a physician in attendance
• Certain child deaths (under age six)

Not all reported deaths fall under Medical Examiner jurisdiction. Many natural deaths, although reportable, are not investigated by the Medical Examiner.

 

Next of Kin & Identification

 Q: Who is considered next of kin in Texas?

A: Next of kin refers to the closest living relative(s) of the decedent. Texas law (Health & Safety Code §711.002) establishes the following order:

1. Person designated in writing by the decedent
2. Surviving spouse
3. Adult children
4. Parents
5. Adult siblings
6. Executor/administrator of the estate
7. Next degree of kinship

 

Q: Is it necessary for family to identify the body?

A: No. In most cases, identification can be made through other means. If family identification is necessary, a Medicolegal Death Investigator will contact you.

 

Q: If my loved one is not identified, how long will it take before the body is released?

A: The body cannot be released until a positive identification is made. This may involve visual identification, fingerprints, dental records, or DNA comparison. The timeframe varies depending on the method used and may take several days or longer. For updates, contact the investigation division at 361-904-0411.

 

Release of the Decedent

Q: When will the body be released?

A: In most cases, the decedent is ready for release within 24-72 business hours. Delays may occur for legal or investigative reasons. Once the examination is complete and the legal next of kin has designated a funeral home, the decedent will be released upon receipt of a valid Body Release Authorization Form. The office operates 24/7 for releases.

 

Q: What number should I call after selecting a funeral home?

A: Please contact the 24/7 Investigator line at 361-904-0411 to provide funeral home information.

 

Q: Can we see our loved one at the Medical Examiner’s Office?

A: No. The Medical Examiner’s Office does not have the capacity for viewings. You will be able to see your loved one at the funeral home you select.

 

Autopsies & Examinations

Q: Does the law require an autopsy for every death?

A: No. The law requires an inquest (investigation), not necessarily an autopsy. The Medical Examiner determines whether an autopsy is necessary based on the circumstances of each case.

 

Q: Are autopsies performed in all cases, and can I request that one not be performed?

A: Autopsies are not performed in all cases. The decision is made by the Medical Examiner after review. If the legal next of kin objects, they should contact the office as soon as possible. While the office makes every effort to consider family wishes, autopsies may still be required by law in certain cases.

 

Q: Will an autopsy interfere with an open casket viewing?

A: No. Autopsy incisions are typically not visible during a viewing and can be concealed by clothing.

 

Reports & Documentation

Q: How long does it take for an autopsy report to be completed?

A: Completion time varies depending on the type of examination and any additional testing required. Most reports are completed within 6–8 weeks.

 

Q: How can I obtain a copy of the autopsy report?

A: Once completed, reports may be purchased for $25 through “Medical Examiner Documents” online portal or in person at the office.

Q: Who may obtain copies of the autopsy report?

 A: Autopsy reports are public records under the Texas Public Information Act and may be released to any requester. They are also routinely provided to law enforcement, the district attorney, and other authorized agencies.

Q: When will the death certificate be issued, and how can I obtain one?

A: The Medical Examiner completes only the medical portion of the death certificate. The funeral home completes the demographic portion. Certified copies must be obtained through the funeral home, a local vital statistics office, or the Texas Bureau of Vital Statistics.

If the cause of death is pending additional testing, a “Pending” certificate may be issued and later amended. This process can take several months.

 

Costs & Services

Q: Does the family have to pay for Medical Examiner services?

A: No. Medical Examiner services are provided at no cost to the family. However, funeral homes may charge for transportation from the Medical Examiner’s Office after the examination is complete.

 

Personal Belongings & Final Arrangements

 Q: How do I obtain my loved one’s personal belongings?

A: Personal belongings are typically released to the funeral home with the decedent. In some cases, items may be retained by law enforcement.

 

Q: Can I proceed with burial or cremation if the cause of death is pending?

A: Yes. Necessary samples are collected during the examination, allowing final disposition to proceed even if additional testing is pending.