Texas Civil Practice and Remedies Code 71.008 – Death of Defendant
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(a) If a defendant dies while an action under this subchapter is pending or if the individual against whom the action may have been instituted dies before the action is begun, the executor or administrator of the estate may be made a defendant, and the action may be prosecuted as though the defendant or individual were alive.
(b) A judgment in favor of the plaintiff shall be paid in due course of administration.
Terms Used In Texas Civil Practice and Remedies Code 71.008
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Executor: A male person named in a will to carry out the decedent
- Plaintiff: The person who files the complaint in a civil lawsuit.