Rule 1.221 Substitution at death; limitation

When someone involved in a lawsuit dies, the case doesn't automatically end. Instead, a new person, like an executor or an heir, can take the deceased person's place in the case. But there's a strict time limit: this substitution must happen within two years of the death. If nobody makes this change within that two-year window, the option to substitute is lost.

There's one exception to this rule. If the deceased person's legal rights in the case pass entirely to people who are already part of the lawsuit, no substitution is needed. The case simply continues with the remaining parties, since they already hold the rights that mattered.

This rule matters because missing the two-year deadline can affect what happens to a case after someone dies. Families and estate representatives need to act promptly if they need to step into a deceased person's role in ongoing litigation.