Rule 151.Death of Plaintiff

Last verified June 28, 2026

In one sentenceRule 151 lets a deceased plaintiff's heirs, administrator, or executor step in and continue the suit on suggestion of death, and lets the defendant force the issue — or ultimately dismiss — through a scire facias if no one appears.

Full Text of Rule 151

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If the plaintiff dies, the heirs, or the administrator or executor of such decedent may appear and upon suggestion of such death being entered of record in open court, may be made plaintiff, and the suit shall proceed in his or their name. If no such appearance and suggestion be made within a reasonable time after the death of the plaintiff, the clerk upon the application of defendant, his agent or attorney, shall issue a scire facias for the heirs or the administrator or executor of such decedent, requiring him to appear and prosecute such suit. After service of such scire facias, should such heir or administrator or executor fail to enter appearance within the time provided, the defendant may have the suit dismissed.

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Plain-English Summary

Rule 151 keeps a case going after the plaintiff dies. The decedent's heirs, administrator, or executor may appear, have the death suggested on the record in open court, and be made plaintiff, so the suit proceeds in their name. If no one appears within a reasonable time, the defendant may ask the clerk to issue a scire facias — a summons ordering the successor to appear and prosecute. If the successor still does not appear after service, the defendant may have the suit dismissed.

Frequently Asked Questions

What happens when a plaintiff dies during a Texas lawsuit?

Under Rule 151, the heirs, administrator, or executor may be substituted as plaintiff on a suggestion of death. If no one appears, the defendant may use a scire facias and, failing a response, have the case dismissed.

Is there a deadline for heirs to step in after a plaintiff's death in Texas?

Rule 151 sets no fixed deadline. It requires only that the heirs, administrator, or executor appear within a reasonable time; once that time passes, the defendant may ask the clerk to issue a scire facias.

What happens if the deceased plaintiff's heirs ignore the scire facias?

Under Rule 151, once the scire facias is served, the defendant may have the suit dismissed if the heir, administrator, or executor still does not appear within the time it allows.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 151), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: death of plaintiffsuggestion of deathscire faciassubstitutionTRCP 151