Rule 152.Death of Defendant
Last verified June 28, 2026
Full Text of Rule 152
Plain-English Summary
Rule 152 is the defendant-side counterpart. When the defendant dies, on a suggestion of death or the plaintiff's petition the clerk issues a scire facias requiring the administrator, executor, or heir to appear and defend. Once that person is served, the suit proceeds against them.
Frequently Asked Questions
What happens when a defendant dies during a Texas lawsuit?
Under Rule 152, the clerk issues a scire facias to the administrator, executor, or heir to appear and defend, and the suit proceeds against that person once served.
How is a deceased defendant's representative brought into a Texas suit?
Under Rule 152, the clerk issues the scire facias after a suggestion of death is entered of record or the plaintiff files a petition. The suit proceeds against the administrator, executor, or heir once the return shows service.
Does Rule 152 require the same steps as Rule 151 for a deceased plaintiff?
No. Under Rule 151, the heirs, administrator, or executor of a deceased plaintiff may step in on their own. Under Rule 152, the clerk issues a scire facias to bring in the deceased defendant's representative, triggered by a suggestion of death or the plaintiff's petition.