Tex. Civ. Practice & Remedies Code Section 71.008
Death of Defendant

(a)

If a defendant dies while an action under this subchapter is pending or if the individual against whom the action may have been instituted dies before the action is begun, the executor or administrator of the estate may be made a defendant, and the action may be prosecuted as though the defendant or individual were alive.

(b)

A judgment in favor of the plaintiff shall be paid in due course of administration.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Source: Section 71.008 — Death of Defendant, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm#71.008.

71.001
Definitions 71.002
Cause of Action 71.003
Application 71.004
Benefitting from and Bringing Action 71.005
Evidence Relating to Marital Status 71.006
Effect of Felonious Act 71.007
Ineffective Agreement 71.008
Death of Defendant 71.009
Exemplary Damages 71.010
Award and Apportionment of Damages 71.011
Damages Not Subject to Debts 71.012
Qualification of Foreign Personal Representative 71.021
Survival of Cause of Action 71.022
Qualification of Foreign Personal Representative 71.031
Act or Omission out of State 71.051
Forum Non Conveniens 71.0055
Evidence of Pregnancy

Last Updated

2 months ago
(July 23, 2023)

§ 71.008’s source at texas.gov

Tex. Civ. Practice & Remedies Code Section 71.008 Death of Defendant

(a)

(b)

Tex. Civ. Practice & Remedies Code Section 71.008
Death of Defendant