Estate Administration

Survival Action

Standing of Heir – Another Case

Ferrer v. Guevara, 192 S.W.3d 39 (Tex. App.—El Paso 2005), rev'd by, 247 S.W.3d 662 (Tex. 2007).

Daughter brought a survival action to recover medical expenses and other damages incurred by her Father prior to his death which were allegedly caused by a car accident. The defendant appealed claiming that Daughter lacked standing to bring the survival action.

The appellate court held that Daughter had standing for two distinct reasons. First, Daughter received an assignment of all Father’s rights arising out of the car accident. Second, as Father’s heir, Daughter had standing because she proved that no administration hearing on Father’s estate was pending and that an administration was not necessary.

Moral: An heir may bring a survival action if (1) an administration of the decedent’s estate is not pending and (2) no administration is necessary.