Rule 153.When Executor, Etc. Dies

Last verified June 28, 2026

In one sentenceRule 153 lets a suit by or against an executor or administrator continue against the successor in the administration or the heirs when that representative dies or leaves office, or be dismissed under Rule 151.

Full Text of Rule 153

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When an executor or administrator shall be a party to any suit, whether as plaintiff or as defendant, and shall die or cease to be such executor or administrator, the suit may be continued by or against the person succeeding him in the administration, or by or against the heirs, upon like proceedings being had as provided in the two preceding rules, or the suit may be dismissed, as provided in Rule 151.

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Plain-English Summary

Rule 153 handles the death of a party who was serving as an estate's representative. When an executor or administrator who is a party — as plaintiff or defendant — dies or stops being the representative, the suit may continue by or against the person who succeeds to the administration, or against the heirs, using the procedures of the two preceding rules. The suit may instead be dismissed, as Rule 151 provides.

Frequently Asked Questions

What if an executor who is a party to a Texas suit dies?

Under Rule 153, the suit may continue by or against the successor in the administration or the heirs, following Rules 151 and 152, or be dismissed under Rule 151.

Does Rule 153 apply only when the executor dies, or also if they are removed?

Both. Rule 153 applies when a party executor or administrator dies or otherwise ceases to be the estate's representative, not just on death.

Does it matter whether the executor was the plaintiff or the defendant?

No. Rule 153 applies whether the executor or administrator was a party as plaintiff or as defendant.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 153), 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: when executor diesadministrator diessuccessorTRCP 153