Rule 150.Death of Party
Last verified June 28, 2026
In one sentenceRule 150 keeps a suit from abating on a party's death before verdict when the cause of action survives, letting it proceed to judgment.
Full Text of Rule 150
Where the cause of action is one which survives, no suit shall abate because of the death of any party thereto before the verdict or decision of the court is rendered, but such suit may proceed to judgment as hereinafter provided.
End
Plain-English Summary
Rule 150 keeps a surviving claim alive past a party's death. Where the cause of action is one that survives, a suit does not abate because a party dies before the verdict or the court's decision. Instead, it proceeds to judgment as the following rules provide.
Frequently Asked Questions
Does a Texas lawsuit end if a party dies?
Not if the cause of action survives. Under Rule 150, the suit does not abate on a party's death before verdict and may proceed to judgment.
What kind of claim does Rule 150 protect from abating?
One where the cause of action survives the party's death. Rule 150 does not revive a claim that dies with the party.
Does Rule 150 spell out how the suit proceeds after a party's death?
Not on its own. It says the suit proceeds to judgment as the following rules provide, pointing to the rules that come after for the actual procedure.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 150), 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: death of partyabatementsurvival of actionTRCP 150