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§ 15.031.Executor; Administrator; Guardian

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter C. Permissive Venue · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 15.031 lets a money claim against an estate representative be brought where the estate is administered, and a negligence claim where the decedent's act or omission occurred.

Full Text of § 15.031

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If the suit is against an executor, administrator, or guardian, as such, to establish a money demand against the estate which he represents, the suit may be brought in the county in which the estate is administered, or if the suit is against an executor, administrator, or guardian growing out of a negligent act or omission of the person whose estate the executor, administrator, or guardian represents, the suit may be brought in the county in which the negligent act or omission of the person whose estate the executor, administrator, or guardian represents occurred.
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Plain-English Summary

A permissive provision, so it adds counties rather than restricting the choice. It contains two distinct rules.

First: a suit against an executor, administrator, or guardian, as such, to establish a money demand against the estate they represent, may be brought in the county where the estate is administered.

Second, and easily missed: a suit against such a representative growing out of a negligent act or omission of the person whose estate is represented may be brought in the county where that negligent act or omission occurred.

The second rule is the useful one for a tort plaintiff. Where someone caused a collision and then died, their estate can be sued where the collision happened — not only where the probate court sits.

The phrase "as such" matters. It means the representative is sued in their representative capacity on an estate obligation, not personally. A claim against the same person for their own conduct is an ordinary claim under the general rules.

The county of administration is where the assets are marshalled, the claims are processed, and the court supervising the estate sits, so allowing suit there is a convenience for everyone.

But the conflicts provision limits this section by name. Where the claim is for personal injury, death, or property damage and chapter 15 conflicts with the Estates Code, this chapter controls — so a tort claim does not get pulled into the administration county merely because a representative is the defendant.

Frequently Asked Questions

Where can I sue an executor for a debt of the estate?

In the county where the estate is administered, as an alternative to the ordinary venue rules. The provision is permissive.

Where do I sue an estate for the decedent's negligence?

The section allows the county where the negligent act or omission occurred, as well as the ordinary options.

Does "as such" matter?

Yes. The representative must be sued in that capacity on an estate obligation. A claim for their own conduct follows the general rules.

Does this apply to a personal injury claim?

It supplies a county, but the conflicts provision names this section and makes chapter 15 control over the Estates Code for personal injury, death, and property damage claims.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source