Thorson v. Aviall Services Inc, 3:15-cv-00571

Don Thorson sued Aviall and Conexis for breach of contract and ERISA-related claims; after Don died, his mother Rachel and sister Sonya moved under Fed. R. Civ. P. 25(a)(1) to substitute as plaintiffs.
Rachel and Sonya assert Don died intestate, they are his sole heirs (mother and one sibling), no estate administration is pending, and none is necessary.
Aviall opposed substitution, arguing heirs can only sue absent estate administration and that Rachel and Sonya have not proved administration is unnecessary; Aviall pointed to allegations of multiple debts and the heirs’ admission a probate proceeding might later be needed.
The complaint alleges substantial debts and business losses, suggesting more than two debts against the estate.
The court evaluated Texas law governing survivors’ suits and estate administration and considered whether Sonya (the sibling) has standing/capacity to be substituted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether heirs can substitute as plaintiffs without estate administration	Rachel and Sonya: no administration pending and none necessary; they are successors under Texas survival and common law	Aviall: complaint shows multiple debts; heirs admitted probate may be needed, so administration is necessary	Denied—heirs failed to prove administration unnecessary; granted leave to amend to show no administration needed or that a personal representative has been appointed
Whether Texas law permits heirs to sue on decedent's contract/property claims during pendency of no administration	Heirs: survival and common-law claims can be prosecuted by heirs if no administration is pending or necessary	Aviall: recognizes exception but contends requirement to allege and prove no administration pending/necessary was not met	Court: confirms Texas exception but enforces requirement that heirs allege/prove no administration pending and none necessary; here requirement not met
Whether Sonya (sibling) has standing/capacity to be substituted	Sonya: as an intestate heir (one parent + one sibling), she holds an equal share and can assert surviving contract/property claims	Aviall: Sonya lacks standing/capacity; only the parent should substitute	Held: Sonya has standing/capacity to be substituted to the extent of common-law surviving claims; court did not decide broader capacities

Shepherd v. Ledford, 962 S.W.2d 28 (Tex. 1998) (personal representative generally sole party to sue for estate property; heirs may sue during statutory period if no administration pending/necessary)
Frazier v. Wynn, 472 S.W.2d 750 (Tex. 1971) (heirs must allege and prove no administration pending and none necessary)
Smith v. O’Donnell, 288 S.W.3d 417 (Tex. 2009) (common-law actions for damage to property survive the owner’s death)
Belt v. Oppenheimer, Blend, Harrison & Tate, Inc., 192 S.W.3d 780 (Tex. 2006) (contractual claims and those affecting property rights survive the death of a party)
Thomes v. Porter, 761 S.W.2d 592 (Tex. App. 1988) (recognition that breach of contract claims survive death)