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Rule 152.Death of Defendant

Last verified June 28, 2026

In one sentenceRule 152 lets the suit continue against a deceased defendant's administrator, executor, or heir, whom the clerk brings in by scire facias on a suggestion of death or the plaintiff's petition.

Full Text of Rule 152

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Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.
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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.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 152), 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 defendantscire faciassubstitutionTRCP 152