Two Years From the Date of Death: How the Texas Deadlines Work

The wrongful death claim: two years from the death

Civil Practice and Remedies Code 16.003(b) says a suit “for injury resulting in death” must be brought within two years, and that the claim “accrues on the death of the injured person.” The clock starts on the date of death, not the date of the accident. If a person was injured in a crash and died weeks later, the two years for the family’s claim run from the death.

Filing means filing a lawsuit in court. A letter to an insurer, a claim number or ongoing negotiations do not stop the clock.

The survival action: a different starting point

The survival action is the claim the person who died had for their own injuries, carried on by the estate (section 71.021). It is a personal injury claim, so its two years run from the injury under section 16.003(a). Section 16.062 then helps: the death “suspends the running of an applicable statute of limitations for 12 months after the death”, and if an executor or administrator qualifies before the 12 months are up, the clock starts again on that date. Because the extra time depends on when a representative qualifies, it is safest to plan around two years from the injury.

Claims against a city, county or the state: six months

When a government employee’s driving or a condition of government property is involved, the Texas Tort Claims Act applies. Section 101.101(a) entitles the government body to notice of the claim within six months of the incident, describing the injury or death, the time and place, and what happened. Section 101.101(b) lets a city’s charter set its own notice period, which can differ, and section 101.101(c) says formal notice is not needed if the government had actual notice of the death. Written notice should still go out well within six months.

Three months: when the executor steps in

Section 71.004(c) says that if none of the spouse, children and parents has begun the wrongful death claim “within three calendar months after the death”, the executor or administrator shall bring it, unless all of them ask the representative not to. This is not a deadline that ends the family’s rights, but it changes who may act.

Children

Section 16.001 says the time a person is under 18 is not counted in a limitations period. Whether and how that helps a child’s wrongful death claim depends on the facts and on the claim, and it does not extend the time for the adults in the family. No family should rely on it without advice.

Probate: generally four years

Separately, the Estates Code generally requires a will to be offered for probate, and an application for an executor or administrator to be filed, within four years of the death (sections 256.003 and 301.002). See our article on probate after a fatal accident.

The records do not wait

Some evidence has its own short life. A trucking company must keep its drivers’ hours records for only six months (49 CFR 395.8(k)), and video and vehicle data can be lost much sooner. So while the law gives two years for the suit, the work that supports it is best started in the first weeks.

Time limit	What it applies to	Statute
Three calendar months	Executor or administrator must bring the claim if the family has not	CPRC 71.004(c)
Six months	Notice to a city, county or the state, unless a charter sets its own period or there was actual notice	CPRC 101.101
Two years from the death	Filing the wrongful death suit	CPRC 16.003(b)
Two years from the injury, plus up to 12 months	Filing the survival action	CPRC 16.003(a), 16.062
Generally four years	Probating a will or opening an administration	Estates Code 256.003, 301.002

For the rest of Texas wrongful death law, see wrongful death lawyer San Antonio. If you are unsure which deadline applies to your family, you can contact us at any hour.

This article is general information based on published sources as read in October 2026, not legal advice. Responsible attorney: Michael Uvalle, LAWBOSS – Harris, Nelsen & Uvalle, PLLC.

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