If someone files a lawsuit in time but then dies before it is finished, the lawsuit stops. If the case was the kind that can keep going after death, the dead person's executor or administrator has one year from the death to start a new lawsuit. If that executor or administrator also dies, a new administrator has one year to start again. If no executor or administrator was named in time, the clock starts when one is finally appointed.
516.250. Suit by death of , when — when and by whom new suit brought. — When an within the time prescribed by law shall by reason of the death of the plaintiff, if the d to his , his or may, within one year after such death, commence a new action, if the cause of such action would otherwise survive; and if any action so commenced by an executor or administrator abate by the death of the plaintiff, a new action may be commenced by the administrator of the same , at any time within one year after such ; or, if no executor or administrator be appointed within that time, then within one year after or of shall have been granted to him.
(RSMo 1939 § 1028)
Prior revisions: 1929 § 876; 1919 § 1331; 1909 § 1902
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