Rule 623.On Death of Executor
Last verified June 28, 2026
In one sentenceRule 623 provides that when an executor, administrator, guardian, or trustee dies or ceases to serve after judgment, execution issues on the judgment in the name of the successor.
Full Text of Rule 623
When an executor, administrator, guardian or trustee of an express trust dies, or ceases to be such executor, administrator, guardian or trustee after judgment, execution shall issue on such judgment in the name of his successor, upon an affidavit of such death or termination being filed with the clerk of the court or the justice of the peace, as the case may be, together with the certificate of the appointment of such successor under the hand and seal of the clerk of the court wherein the appointment was made.
End
Plain-English Summary
Rule 623 keeps a judgment enforceable through a change in a representative. When an executor, administrator, guardian, or trustee of an express trust dies, or ceases to serve, after judgment, execution issues on the judgment in the name of the person who succeeds to the office.
Frequently Asked Questions
What happens to a judgment if the executor dies in Texas?
Under Rule 623, execution issues in the name of the successor executor, administrator, guardian, or trustee.
What must be filed before execution issues in a successor's name under Rule 623?
An affidavit of the death or termination, along with the clerk's certificate showing the successor's appointment under seal.
Does Rule 623 apply only when the executor dies?
No. It also covers an administrator, guardian, or trustee of an express trust who stops serving for any reason after 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. 623), 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 executorsuccessor representative executionaffidavit of death executorcertificate of appointment successorTRCP 623