Section 71.008 - Death of Defendant(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.Tex. Civ. Prac. and Rem. Code § 71.008
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985.