DEATH OF DEFENDANT
Applied in 1 court decision — leading case Fuller v. Travelers Indemnity Co. of Illinois (1993)
Most recently applied in Fuller v. Travelers Indemnity Co. of Illinois (December 1993)
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff
(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.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.