In Texas, the same family members who will benefit from the proceeds of a wrongful death suit can file suit. Those people are the deceased’s surviving spouse, children, or parents. They are the only relatives entitled to file a wrongful death suit. 

If eligible relatives do not file a wrongful death lawsuit within three months of the victim’s date of death, the personal representative (executor) of the deceased individual’s estate can file the lawsuit if no one objects. The executor is named in the deceased individual’s will or estate plan. If no executor is named, the court will appoint one.