Sec. 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.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State
Section 71.002. Cause of Action
Section 71.003. Application; Certain Conduct Excepted
Section 71.004. Benefitting From and Bringing Action
Section 71.005. Evidence Relating to Marital Status
Section 71.0055. Evidence of Pregnancy
Section 71.006. Effect of Felonious Act
Section 71.007. Ineffective Agreement
Section 71.008. Death of Defendant
Section 71.009. Exemplary Damages
Section 71.010. Award and Apportionment of Damages
Section 71.011. Damages Not Subject to Debts
Section 71.012. Qualification of Foreign Personal Representative