Rule 624.On Death of Nominal Plaintiff
Last verified June 28, 2026
In one sentenceRule 624 provides that when a person in whose favor a judgment is rendered for the use of another dies after judgment, execution issues in the name of the party for whose use the suit was brought, on an affidavit of the death.
Full Text of Rule 624
When a person in whose favor a judgment is rendered for the use of another dies after judgment, execution shall issue in the name of the party for whose use the suit was brought upon an affidavit of such death being filed with the clerk of the court or the justice of the peace.
End
Plain-English Summary
Rule 624 handles a use-plaintiff's death. When a person in whose favor a judgment is rendered for the use of another dies after judgment, execution issues in the name of the party for whose use the suit was brought, upon an affidavit of the death filed with the clerk or justice.
Frequently Asked Questions
What happens if a nominal plaintiff dies after judgment in Texas?
Under Rule 624, execution issues in the name of the party for whose use the suit was brought.
What proof does Rule 624 require before execution issues?
An affidavit of the nominal plaintiff's death, filed with the clerk or justice.
What is a 'use plaintiff' under Rule 624?
The person for whose benefit the suit was brought and in whose name execution then issues, once the named plaintiff has died.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 624), 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: on death of nominal plaintiffuse plaintiff executionuse plaintiff affidavitfor the use of judgmentTRCP 624