What happens to an open lawsuit of a deceased person who is involved either as a plaintiff or a defendant? What you must do as far as a plaintiff is concerned, you need to give them, open a probate proceeding, have the personal representative then file what they call a notice of death, and then within I think it’s 30 days file a substitution of the personal representative as the party plaintiff as far as the lawsuit is concerned. If the estate is being or the decedent is being sued or potentially being sued, the personal representative needs to send a notice to the plaintiff that they have three months from the date of the notice to creditors to file a claim in the estate, and then a personal representative would then be substituted as the party defendant in lieu of the decedent.
So there is a procedure by which the personal representative can proceed with recovering the damages for the decedent, although there are some cases wherein your cause of action may pass away along with the death of the decedent. So if you have any questions about this, if you’d give me a call at (727) 847-2288.