If defendant dies, when and against whom new suit to be brought
If someone files a lawsuit on time but the person they are suing dies before the case is finished, the lawsuit can still continue against the dead person's estate. The person who filed the lawsuit has one year after the death to start a new case against the deceased person's heirs or those who received their property. However, if an executor or administrator is appointed to handle the estate, the new case must be started within nine months after the first public notice of that appointment.
516.240. If dies, when and against whom new suit to be brought. — If any is within the time prescribed in sections 516.010 to 516.230, and the defendant in the suit dies before , and if the is such as against the of the defendant, the may commence a new action against the , or of the defendant, as the case requires, within one year after his death; but if an or is appointed then the new action may be commenced against the executor or administrator within nine months after the first of or of whether more or less than one year after such death.
(RSMo 1939 § 1027, A.L. 1957 p. 292, A.L. 1959 H.B. 95)
Prior revisions: 1929 § 875; 1919 § 1330; 1909 § 1901
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Related Missouri laws
Further savings in cases of nonsuits
RSMo 516.230
Suit abated by death of plaintiff, when
RSMo 516.250
Not to apply to what
RSMo 516.220
Suit stayed by injunction, time not computed
RSMo 516.260
Time not to be computed during a war
RSMo 516.210
Disability not to avail, unless
RSMo 516.270
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.