United States · Texas statutory limitations
How does death suspend a Texas limitations clock?
Section 16.062 suspends the applicable limitations clock for twelve months after the death of a person against whom or in whose favor the cause lies. If an executor or administrator qualifies sooner, the clock resumes at qualification. Twelve months after death is not automatically the deadline for the underlying claim.
- Period
- Suspension for up to twelve months, with restart at an earlier representative qualification
- Trigger
- Death and any earlier qualification of an executor or administrator
- Rule
- Texas CPRC 16.062
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
A suspension changes an existing clock. The isolated twelve-month preset lacks its underlying period, elapsed time and possible earlier qualification event.
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Which events matter for this statutory condition?
Identify the cause of action and its independently established underlying limitations clock.
Preserve the death date and evidence of any executor or administrator qualification.
Determine whether qualification occurred before the twelve-month suspension period expired.
Texas CPRC 16.062How must the complete timing condition be assessed?
- Identify the cause of action and its independently established underlying limitations clock.
- Preserve elapsed time before death and determine when the existing clock resumes. Subsection (b) uses earlier qualification when applicable. A single death date cannot supply remaining time or the actual restart event.
- A suspension changes an existing clock. The isolated twelve-month preset lacks its underlying period, elapsed time and possible earlier qualification event.
Section 16.072 extends its statutory suit-filing period when the last day is a Saturday, Sunday or holiday to the next day county offices are open for business. Establish the actual county calendar. This guide does not determine a court filing hour or automatically apply that treatment to another act.
Texas CPRC 16.062Why does this guide publish no calculated date?
A suspension changes an existing clock. The isolated twelve-month preset lacks its underlying period, elapsed time and possible earlier qualification event.
Which conditions or exclusions change the assessment?
- Earlier qualification
- Section 16.062(b) resumes limitations at qualification where an executor or administrator qualifies before expiry of the stated suspension.
- Actual underlying limitation
- Section 16.062(a) concerns the running of an applicable statute of limitations for the specified cause. It does not supply that cause’s original period or decide every other suspension.
- Listed government rights
- Section 16.061(a) includes section 16.062 in its list of provisions that do not bar the specified governmental rights. Establish the actual claimant and governing provision.
- This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.
What evidence should be checked before acting?
Common questions
This statutory procedure
Does the claim always become due twelve months after death?
No. Section 16.062 suspends the existing clock. Its underlying period and elapsed time remain necessary.
Texas CPRC 16.062(a)What happens if the administrator qualifies after three months?
If qualification occurs within the stated twelve-month period, subsection (b) resumes the clock at qualification. Establish the actual event.
Texas CPRC 16.062(b)Is this the same as accrual of a wrongful-death claim?
No. Section 16.003(b) separately identifies death as the accrual event for its injury-resulting-in-death action.
Texas CPRC 16.003(b)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.062 | The specific actor, required act and timing conditions |
| Texas CPRC 16.062(b) | Earlier qualification |
| Texas CPRC 16.062(a) | Actual underlying limitation |
| Texas CPRC 16.061(a) | Listed government rights |
| Texas Government Code 311.005(12) | The statutory year unit, where applicable |
| Texas Government Code 311.014 | Statutory computation, where applicable |
| Texas CPRC 16.072 | The separate statutory suit-filing closed-day provision |