In suits on a joint contract, whether partnership or otherwise, the personal representatives of a deceased cocontractor may join, as plaintiffs, and be joined, as defendants, with the survivor; provided, where the estate of the decedent is in settlement in this state as an insolvent estate, his or her personal representatives cannot be joined as defendants. (See General Statutes § 52-78.)
Section 9-12.Personal Representatives of Cocontractor
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceIn a lawsuit over a joint contract, the personal representative of a cocontractor who has died can join or be joined alongside the surviving cocontractor, unless the deceased person's estate is being settled as insolvent.
Full Text of Section 9-12
Amendment History
(P.B. 1978-1997, Sec. 92.)
Plain-English Summary
This rule addresses what happens when one party to a joint contract dies while a claim on that contract is pending or arises. The personal representative of the deceased cocontractor — whether the underlying arrangement was a partnership or another kind of joint contract — may join the suit as a plaintiff, or be joined as a defendant, together with the cocontractor who survives.
There is one limit. If the deceased cocontractor’s estate is being settled in Connecticut as an insolvent estate, the personal representatives cannot be joined as defendants.
Frequently Asked Questions
What happens to a joint contract claim when one party dies?
The personal representative of the deceased cocontractor may join as a plaintiff or be joined as a defendant along with the surviving cocontractor.
Does this apply to partnerships?
Yes. The rule covers suits on any joint contract, whether it arises from a partnership or another joint arrangement.
Can a deceased cocontractor's estate be joined as a defendant if it is insolvent?
No. If the estate is in settlement in Connecticut as an insolvent estate, the personal representatives cannot be joined as defendants.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 9-12). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: deceased cocontractor personal representativejoint contract death of party lawsuitinsolvent estate joinder defendantsurviving partner sued with estatepersonal representative joined as plaintiff CT