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Texas Civil Practice and Remedies Code

§ 71.008 — DEATH OF DEFENDANT

CP § 71.008Title 4. LIABILITY IN TORT · Ch. 71. WRONGFUL DEATH; SURVIVAL; INJURIES OCCURRING OUT OF STATE · Art. A. WRONGFUL DEATH

Statute text

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(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.

Legislative history

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

Source: Texas Civil Practice and Remedies Code § 71.008 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.