Rule 626.On Property of Deceased
Last verified June 28, 2026
In one sentenceRule 626 governs a non-money judgment when the sole defendant, or one of several joint defendants, dies after judgment — on an affidavit of the death filed with the clerk, the judgment is enforced as the rule directs.
Full Text of Rule 626
In any case of judgment other than a money judgment, where the sole defendant, or one or more of several joint defendants, shall die after judgment, upon an affidavit of such death being filed with the clerk, together with the certificate of the appointment of a representative of such decedent under the hand and seal of the clerk of the court wherein such appointment was made, the proper process on such judgment shall issue against such representative.
End
Plain-English Summary
Rule 626 handles a non-money judgment after a defendant's death. In any case of a judgment other than a money judgment, where the sole defendant, or one or more of several joint defendants, dies after judgment, the judgment is enforced — upon an affidavit of the death filed with the clerk — as the rule provides.
Frequently Asked Questions
What happens to a non-money judgment if the defendant dies in Texas?
Under Rule 626, on an affidavit of death filed with the clerk, the judgment is enforced as the rule directs.
What must be filed with the clerk before process issues under Rule 626?
An affidavit of the death, along with the clerk's certificate showing who was appointed to represent the decedent.
Does Rule 626 cover money judgments?
No. It covers judgments other than money judgments, such as one for possession of property; Rule 625 handles a sole defendant's death on a money judgment.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 626), 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 property of deceasednon-money judgment deceased defendantrepresentative process deathaffidavit and certificate of appointmentTRCP 626