> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in Texas

Under Texas law, the statute of limitations for a wrongful death claim is governed by Tex. Civ. Prac. & Rem. Code § 16.003. This statute establishes a two-year filing deadline from the date of the decedent’s death. The rule applies uniformly to actions brought by a surviving spouse, children, or parents of the deceased. The provision also sets out specific exceptions and tolling circumstances that can alter the general deadline, all of which are detailed in the official source. A worked example below demonstrates how the two-year period is calculated from a given date of death. To estimate a particular deadline, the DocketMath calculator can apply the relevant statutory language to the user’s specific facts.

## Governing authority

In Texas, the statute of limitations rule is set by **Tex. Civ. Prac. & Rem. Code § 16.003**. The verified packet cites Tex. Civ. Prac. & Rem. Code § 16.003 (https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003).

## Deadline example

For a Texas wrongful death limitations check, use the verified limitations period from the current rule packet: **2 years**. The authority packet cites Tex. Civ. Prac. & Rem. Code § 16.003 (https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 2 years.
- The example deadline is **2026-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Under Texas law, the statute of limitations for a wrongful death claim is governed by Tex. Civ. Prac. & Rem. Code § 16.003. This statute establishes a two-yea

Wrongful Death Statute Of Limitations in Texas

A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.

ANO-831 deepening 2026-04-27: per-claim source_urls and verbatim raw_statute_text added across all 15 claim_types via Wayback Machine snapshots (capitol.texas.gov live site is JS-rendered SPA serving no static section text). Confidence upgraded from 'partial' to 'verified' across the board.

Sec. 16.051. RESIDUAL LIMITATIONS PERIOD. Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.

Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty.

Sec. 101.101. NOTICE. (a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident.

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010 , 16.0031 , and 16.0045 , a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

Sec. 16.002. ONE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit for malicious prosecution, libel, slander, or breach of promise of marriage not later than one year after the day the cause of action accrues. (b) A person must bring suit to set aside a sale of property seized under Subchapter E , Chapter 33 , Tax Code, not later than one year after the date the property is sold.

no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

Sec. 16.001. EFFECT OF DISABILITY. (a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, regardless of whether the person is married; or (2) of unsound mind. (b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period. (c) A person may not tack one legal disability to another to extend a limitations period. (d) A disability that arises after a limitations period starts does not suspend the running of the period.

(b) A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates: (1) Section 22.011 (a)(1), Penal Code (sexual assault); (2) Section 22.021 (a)(1)(A), Penal Code (aggravated sexual assault); (3) Section 20A.02 , Penal Code (trafficking of persons), other than conduct described by Subsection (a)(4); or (4) Section 43.05 (a)(1), Penal Code (compelling prostitution).

Sec. 2.725. STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE. (a) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (b) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

The court retains jurisdiction to confirm the total amount of child support, medical support, and dental support arrearages and render cumulative money judgments for past-due child support, medical support, and dental support, as provided by Section 157.263, if a motion requesting a money judgment is filed not later than the 10th anniversary after the date: (1) the child becomes an adult; or (2) on which the child support obligation terminates under the child support order or by operation of law.

(a) A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates: (1) Section 22.011 (a)(2), Penal Code (sexual assault of a child); (2) Section 22.021 (a)(1)(B), Penal Code (aggravated sexual assault of a child); (3) Section 21.02 , Penal Code (continuous sexual abuse of young child or disabled individual); (4) Section 20A.02 (a)(7)(A), (B), (C), (D), or (H) or Section 20A.02 (a)(8), Penal Code, involving an activity described by Section 20A.02 (a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child or disabled individual trafficked in the manner described by Section 20A.02 (a)(7), Penal Code (certain sexual trafficking); (5) Section 43.05 (a)(2) or (3), Penal Code (compelling prostitution by a child or disabled individual); or (6) Section 21.11 , Penal Code (indecency with a child).

All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010 , 16.0031 , and 16.0045 , a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [ 29 U.S.C. 201 et seq. ], the Walsh-Healey Act, or the Bacon-Davis Act 1 - (a) if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

Sec. 74.251. STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS. (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability. (b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.

Sec. 16.035. LIEN ON REAL PROPERTY. (a) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues. (b) A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues. (d) On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.

A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates: (1) Section 22.011 (a)(2), Penal Code (sexual assault of a child); (2) Section 22.021 (a)(1)(B), Penal Code (aggravated sexual assault of a child); (3) Section 21.02 , Penal Code (continuous sexual abuse of young child or disabled individual); (4) Section 20A.02 (a)(7)(A), (B), (C), (D), or (H) or Section 20A.02 (a)(8), Penal Code, involving an activity described by Section 20A.02 (a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child or disabled individual trafficked in the manner described by Section 20A.02 (a)(7), Penal Code (certain sexual trafficking); (5) Section 43.05 (a)(2) or (3), Penal Code (compelling prostitution by a child or disabled individual); or (6) Section 21.11 , Penal Code (indecency with a child).

Because R. did not sue her father within two years of her eighteenth birthday as required by the applicable statutes of limitations, her action is barred as a matter of law unless the discovery rule permits her to sue within two years of when she knew or reasonably should have known of the alleged abuse.

Under Tex. Civ. Prac. & Rem. Code § 16.003(a), a person must bring suit for personal injury not later than two years after the cause of action accrues. The same section also enumerates 2-year limits for trespass to estate/property, conversion, detention of personal property, forcible entry and detainer, and (under (b)) wrongful death. Exceptions apply under §§ 16.010 (misappropriation of trade secrets), 16.0031 (asbestos/silica), and 16.0045 (sexual assault).

Under Tex. Civ. Prac. & Rem. Code § 16.004(a)(4), a suit for fraud must be brought not later than four years after the day the cause of action accrues. Same statute also covers breach of fiduciary duty (a)(5) at 4 years. Texas discovery rule for fraud is judicial (HECI Exploration v. Neel line), not statutory.

Under Tex. Civ. Prac. & Rem. Code § 16.051, every action for which there is no express limitations period (except recovery of real property) must be brought within 4 years. Texas courts apply this residual 4-year SOL to unjust enrichment claims.

Under Tex. Bus. & Com. Code § 2.725(a), an action for breach of any contract for sale must be commenced within four years after the cause of action accrued. Texas subsection-labels use (a)-(d) instead of (1)-(4); text uniform with UCC § 2-725.

Under Tex. Civ. Prac. & Rem. Code § 16.035, suit for foreclosure of a real property lien must be brought within 4 years after the cause of action accrues (subsection a). A non-judicial sale under power of sale must occur within the same 4 years (subsection b). At expiration, the lien itself becomes void (subsection d).

Under Tex. Civ. Prac. & Rem. Code § 16.0045(a) (as amended by HB 3809, eff. 2019-09-01), a person must bring suit for personal injury not later than 30 years after the cause of action accrues if the injury arises from sexual offenses against a minor enumerated under Penal Code §§ 22.011(a)(2), 22.021(a)(1)(B), 21.02, 20A.02(a)(7)/(8), 43.05(a)(2), or 21.11. Applies to claims not already time-barred as of 2019-09-01.

Under Tex. Bus. & Com. Code § 17.565, all DTPA actions must be commenced within 2 years after the deceptive act occurred or 2 years after discovery (with reasonable diligence). May be extended 180 days if the defendant knowingly induced delay.

Under Tex. Civ. Prac. & Rem. Code § 16.0045(b) (most recent amendment Acts 2023 ch. 93, eff. Sept 1, 2023), a person must bring suit for personal injury within 5 years if the injury arises from adult sexual assault under Penal Code § 22.011(a)(1), aggravated sexual assault under § 22.021(a)(1)(A), trafficking under § 20A.02, or compelling prostitution under § 43.05(a)(1). Distinct from subsection (a) which gives 30 years for child-victim offenses.

Statute of limitations for personal injury in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

Statute of limitations for wrongful death in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(b).

Statute of limitations for medical malpractice in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 74.251.

Statute of limitations for legal malpractice in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

Statute of limitations for product liability in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

Statute of limitations for premises liability in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

Statute of limitations for breach written contract in US-TX is 4 years under Tex. Civ. Prac. & Rem. Code § 16.051.

Statute of limitations for breach oral contract in US-TX is 4 years under Tex. Civ. Prac. & Rem. Code § 16.051.

Statute of limitations for ucc sale of goods in US-TX is 4 years under Tex. Bus. & Com. Code § 2.725.

Statute of limitations for fraud in US-TX is 4 years under Tex. Civ. Prac. & Rem. Code § 16.004(a)(4).

Statute of limitations for libel in US-TX is 1 years under Tex. Civ. Prac. & Rem. Code § 16.002(a).

Statute of limitations for slander in US-TX is 1 years under Tex. Civ. Prac. & Rem. Code § 16.002(a).

Statute of limitations for property damage in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

Statute of limitations for government tort claim in US-TX is 6 months under Tex. Civ. Prac. & Rem. Code § 101.101(a).

Statute of limitations for adult sexual assault rape civil in US-TX is 5 years under Tex. Civ. Prac. & Rem. Code § 16.0045(b).

Statute of limitations for unjust enrichment restitution in US-TX is 4 years under Tex. Civ. Prac. & Rem. Code § 16.051.

Statute of limitations for consumer fraud deceptive trade practices in US-TX is 2 years under Tex. Bus. & Com. Code § 17.565.

Statute of limitations for trespass in US-TX is 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a).

medical_malpractice SOL in US-TX: 2 years

In Texas, claims for intentional or negligent infliction of emotional distress are personal-injury actions governed by the two-year limitations period of Tex. Civ. Prac. & Rem. Code § 16.003(a).

A common-law wrongful-termination claim in Texas (e.g., Sabine Pilot wrongful discharge) is a personal-injury tort governed by Tex. Civ. Prac. & Rem. Code § 16.003(a), which requires suit be brought not later than two years after the cause of action accrues.

Texas's revival/window legislation for childhood sexual-abuse claims is codified at Tex. Civ. Prac. & Rem. Code § 16.0045(a), which the Legislature extended so that a person must bring suit for personal injury arising from the enumerated offenses not later than 30 years after the cause of action accrues.

An FLSA wage and hour claim must be commenced within two years after the cause of action accrued (three years for a willful violation) under 29 U.S.C. § 255(a). This federal limitations period applies uniformly, including to FLSA claims arising in Texas.

Under Tex. Civ. Prac. & Rem. Code § 16.001(b), the time of a minor plaintiff's legal disability (age < 18) is excluded from the limitations period. Two-channel: (1) LDH US/TX-Legislation CP-16.001 (date 2026-04-03, full verbatim text retrieved); (2) Existing sub_rules[1] in this file, retrieved via Wayback Machine 2023 snapshot, verbatim text matches exactly.

Under Tex. Civ. Prac. & Rem. Code § 16.063, defendant's absence from Texas suspends the running of the limitations period for the duration of absence. Two-channel: (1) LDH US/TX-Legislation CP-16.063 (date 2026-04-03, full verbatim text retrieved); (2) _ano_710_research.tolling_rules_provenance in this file (Wayback 2023, verbatim text matches).

Texas fraudulent concealment is a common law equitable estoppel doctrine (no statute). Rule: fraudulent concealment estops a defendant from relying on limitations when the defendant knowingly conceals the existence of a cause of action. Leading authority: HECI Exploration Co. v. Neel, 982 S.W.2d 881 (Tex. 1998). Two-channel: (1) LDH CourtListenerBulk cl-opinion-1622087 (Court of Appeals opinion in same case, 1997, text retrieved 2026-06-29); (2) Well-established Texas Supreme Court holding affirming concealment doctrine. CORRECTION: § 16.068 previously cited in _ano_710_research is wrong — LDH US/TX-Legislation CP-16.068 (2026-04-03) shows § 16.068 = 'AMENDED AND SUPPLEMENTAL PLEADINGS' (pleading relation-back), not fraudulent concealment.

Texas common law discovery rule: limitations tolled until claimant knew or with reasonable diligence should have known of the wrongful act and injury. Applies only when injury is inherently undiscoverable and evidence is objectively verifiable. S.V. v. R.V., 933 S.W.2d 1, 6 (Tex. 1996). Two-channel: (1) LDH CourtListenerBulk cl-opinion-1517134 (Supreme Court of Texas, 933 S.W.2d 1, text retrieved 2026-06-29); (2) _ano_710_research.discovery_rule_provenance in this file (Wayback 2023, cites Computer Assocs. Int'l v. Altai, 918 S.W.2d 453 (Tex. 1996)).

Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty. (b) A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian.

Sec. 16.063. TEMPORARY ABSENCE FROM STATE. The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence.

Fraudulent concealment is based upon the doctrine of equitable estoppel. In the proper case, invocation of fraudulent concealment estops a defendant from relying on the statute of limitations as an affirmative defense to plaintiff's claim. Where a defendant is under a duty to make disclosure but fraudulently conceals the existence of a cause of action from the party to whom it belongs, the defendant is estopped from relying on the defense of limitations until the party learns of the right of action or should have learned thereof through the exercise of reasonable diligence. ... The estoppel effect of fraudulent concealment ends when a party learns of facts, conditions, or circumstances which would cause a reasonably prudent person to make inquiry, which, if pursued, would lead to discovery of the concealed cause of action. Knowledge of such facts is in law equivalent to knowledge of the cause of action.

Sec. 16.001. EFFECT OF DISABILITY. (a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, regardless of whether the person is married; or (2) of unsound mind. (b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.

Wrongful Death Statute Of Limitations in Texas

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Authority and key facts

Wrongful Death Statute Of Limitations in Texas

Governing authority

Deadline example