In Estate of C.M. v. S.G., 937 S.W.2d 8, 10 (Tex. App.-Houston 14th Dist. 1996, no writ), the plaintiff named an estate as defendant without any reference to the personal representative.
The deceased's husband was a defendant in his individual capacity, and he was also the deceased's executor, but he maintained separate counsel from the estate and the record did not reflect that he acted in the suit in his capacity as executor. Id. at 10.
The court held the executor did not adopt the case on behalf of the estate. Id.