Last amended September 1, 1984 · Last verified July 13, 2026
In one sentenceRule 25 explains who takes over as a party when an original party dies, gains a guardian, transfers away the interest at stake, or a public officer sued in an official capacity leaves office.
(a)Death. (1) If a party dies and the claim is not thereby extinguished, the Court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party, and such substitution may be ordered without notice or upon such notice as the Court may require. Unless the motion for substitution is made not later than ninety (90) days after the death is suggested upon the record by the service upon the parties of a statement of the fact of death, the action may be dismissed as to the deceased party.
(2)Upon the death of a plaintiff the proper party for substitution shall be his personal representative or, where the claim has passed to his heirs or to his devisees, the heirs or devisees may be substituted for the deceased party. Upon the death of a defendant in an action wherein the claim survives against his personal representative, the personal representative shall be the proper party for substitution. Except in an action for the recovery of real property only, or for the adjudication of an interest therein, the heirs, devisees or personal representative may be the proper parties for substitution as the Court may determine. Where the deceased party is acting in the capacity as personal representative, his successor shall be the proper party for substitution.
(3)Upon the death of any party the Court before which such litigation is pending may, upon the motion of any party, appoint a special administrator who shall be substituted for the deceased party. The powers of such special administrator shall extend only to the prosecution and defense of the litigation wherein he is appointed. No special administrator shall be appointed where there is a general personal representative subject to the jurisdiction of the Court for the deceased party. Where such a general personal representative qualifies after the appointment of a special administrator, the general personal representative shall, upon the motion of any party, or the general personal representative, be substituted for such special administrator. Costs taxed against a special administrator shall not constitute a personal obligation.
(4)In the event of the death of one or more of the plaintiffs or one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(b)Guardians. If a plenary, limited or temporary guardian is appointed for a party, the court shall upon such terms as it considers just and upon motion of a party or the guardian allow the guardian to be substituted to the extent of his judiciary capacity, for the party for whom the guardian has been appointed.
(c)Transfer of Interest. In the case of any transfer of interest, the action may be continued by or against the original party, unless the Court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of this motion shall be made as provided in subdivision (a) of this rule.
(d)Public Officers; Death or Separation from Office. (1) When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of the substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2)When a public officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the Court may require his name to be added.
(e)Limitation of Rule. The provisions of this rule shall in no way allow a claim to be maintained which is otherwise barred by limitations or non-claim, nor shall the provisions of this rule be determinative of whether or not a claim for or against a deceased party survives his death.
Amendment History
Amended July 9, 1984, effective September 1, 1984.
Reporter's Notes
Reporter’s Notes to Rule 25: 1. Section (a)(1) is modified from FRCP 25(a) so as to allow, with or without notice, the substitution of parties in the event of the death of a party. This change is predicated upon the assumption that the trial court can best determine whether the substitution is essentially a routine clerical matter or whether it should be allowed only after a hearing. This section is further modified from the Federal Rule by changing the word "may" for "shall" in the last sentence so as to afford the trial court some discretion in deciding whether to dismiss an action. 2. Section (a)(2) represents an attempt to identify the proper parties for substitution on the death of a party and to condense superseded Ark. Stat. Ann. §§ 27-1003, 27-1012, 27-1013 and 27- 1014 (Repl. 1962). The purpose of this rule is to permit the action to be prosecuted by or against those who are, following the death of a party, either the real party in interest or representative thereof.
3. Section (a)(3) empowers the trial court to appoint a special administrator for a deceased party in litigation pending before it. This basically tracks the provisions contained in superseded Ark. Stat. Ann. §§ 27-1009 through 27-1011 (Repl. 1962).
4. Section (e) represents an attempt to limit the effect of this rule to the determination of who may be substituted and not to enlarge the time during which a claim may be prosecuted. Neither does it determine which claims survive the death of a party. Specifically, Ark. Stat. Ann. §§ 27- 901 through 27-910 (Repl. 1962), remain unaffected by Rule 25.
Additions to Reporter’s Notes, 1984 Amendments: Rule 25(b) is amended to make it compatible with the Limited Guardianship Act and Rule 4(d)(1) and (3). The purpose of providing for substitution of a guardian only "to the extent of his judiciary capacity" is to permit the individual to remain a party in cases in which issues in excess of the guardian’s capacity are to be decided.
Plain-English Summary
Lawsuits can outlast the people who filed them. Rule 25 keeps a case moving when a party dies mid-litigation, so long as the underlying claim survives the death. Any party, or the deceased's own successors or representatives, can move for substitution, and if the death is suggested on the record and no one moves within ninety days, the court can dismiss the case against the deceased party. The rule sorts out who the proper substitute is: usually the personal representative of the estate, though heirs or devisees can step in when the claim has passed directly to them, and the court can appoint a special administrator when no general representative is yet available to handle the litigation.
Death isn't the only event the rule covers. Subdivision (b) allows a guardian appointed for a party to be substituted to the extent of the guardian's authority, letting the original party remain involved on any matters beyond the guardian's scope. Subdivision (c) addresses what happens when a party transfers away the interest at stake in the suit — the case can continue in the original party's name, or the court can bring in the transferee, whichever better serves the litigation. And subdivision (d) handles public officers sued in their official capacity: when one leaves office, by death, resignation, or otherwise, the successor steps into the case automatically, and a formal substitution order is a formality rather than a requirement.
Rule 25 is a housekeeping rule, not a substantive one. Subdivision (e) makes that limit explicit: nothing in the rule revives a claim already barred by a statute of limitations or nonclaim statute, and the rule doesn't decide which claims survive a party's death in the first place. Those questions are answered elsewhere.
Frequently Asked Questions
What happens if nobody moves to substitute a deceased party within ninety days?
Once the death has been suggested on the record by service of a statement of death on the parties, the court may dismiss the action as to the deceased party if no motion for substitution follows within ninety days.
Who is the proper party to substitute when a plaintiff dies?
Ordinarily the deceased plaintiff's personal representative. Where the claim has passed directly to the heirs or devisees instead, they may be substituted in place of the personal representative.
Does Rule 25 decide whether a claim survives the death of a party?
No. Rule 25 only governs who may be substituted once a claim is known to survive; it doesn't determine which claims survive a party's death or extend any limitations period. Those questions are governed by other law.
What happens to a lawsuit when a party transfers away the interest at stake?
The action can continue in the name of the original party without any change, or the court can order the transferee substituted in or joined with the original party on motion, whichever suits the case.
Does a public officer's case end when the officer leaves office?
No. When a public officer sued in an official capacity dies, resigns, or otherwise leaves office, the successor is automatically substituted, and the case continues without abating.
Can a special administrator be appointed for a deceased party?
Yes, on motion of any party, but only when there isn't already a general personal representative available for the deceased party. The special administrator's authority is limited to prosecuting or defending that particular litigation.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as:substitution of parties arkansasparty dies during lawsuitsuggestion of death arkansasspecial administrator litigationsuccessor public officer lawsuit