SUBSTITUTION OR AN ESTATE FOR A DECEASED LITIGANT
If someone in a law suit dies and the claim is not extinguished by the persons death, the court may order substitution of the proper parties.
A motion for substitution
A motion for substitution may be made by any party or by the successors or representatives of the deceased party
Notice of hearing, shall be served on the parties
Notice of hearing, shall be served on the parties.
Dismisal if not timely
The motion for substitution must be made not later than 90 days after the death is suggested upon the record by service of a statement of the fact of the death. If the substitution is not made timely the action shall be dismissed as to the deceased party.