Tex. R. Civ. P. 152 — DEATH OF DEFENDANT

Texas Rules of Civil Procedure · Version 2026-07-01 · Status: active · II RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS · 7 Abatement and Discontinuance of Suit

Open on EasyRulesTX All rules in this set

Rule text

Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.

Official source