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SUBSTITUTION OF PARTIES 231 Rule 2351 CHAPTER 2350. SUBSTITUTION OF PARTIES Rule 2351. 2352. 2353. 2354. 2355. 2373. 2374. 2375. Definitions. Substitution of successor. Service of rule. Status of.

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As long as the cause of action is still valid, the plaintiff can usually proceed with the case. However, doing so will likely require the plaintiff to go through the procedures to substitute the personal representative of the estate of the deceased in place of the original defendant.

Code § 2352 - Substitution of successor. (a) The successor may become a party to a pending action by filing of record a statement of the material facts on which the right to substitution is based.

§ 3375 which provides that if a plaintiff dies and a personal representative is not appointed within one year after a suggestion of the death, the court, upon petition, shall abate the action if the delay in taking out letters is not reasonably explained.

Rule 2355 - Notice of Death of a Party. Substitution of Personal Representative (a)If a named party dies after the commencement of an action, the attorney of record for the deceased party shall file a notice of death with the prothonotary.

If the deceased has left a Will, the Executor named in that Will is entitled to continue with the claim which he or she will effectively do so on behalf of the deceased. In essence, the Executor steps into the shoes of the deceased and all decisions in relation to the claim are made by the Executor.

Rule 2355. Notice of Death of a Party. Substitution of Personal Representative. (a) If a named party dies after the commencement of an action, the attorney of record for the deceased party shall file a notice of death with the prothonotary.

The Supreme Court of Pennsylvania long has held that “the death of an individual renders suit against him or her impossible where an action is not commenced prior to death.” Myers v. Estate of Wilks, 655 A. 2d 176, 178 (Pa.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232