If there are several plaintiffs in an action of ejectment, and any of them die before final judgment, the death of such party may be suggested of record, and the executor, administrator, heir or legatee of the deceased party shall be allowed to proceed with the action jointly with the survivor, in the same manner as if he or she had originally joined with him or her in commencing the action.
6-128.Suggestion of death.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAllows the executor, administrator, heir, or legatee of a deceased co-plaintiff in ejectment to continue the action jointly with the surviving plaintiffs, after the death is suggested of record, as if originally joined at the start of the suit.
Full Text of 735 ILCS 5/6-128
Plain-English Summary
Litigation can outlast the parties who started it, and this section keeps an ejectment case moving when that happens among joined plaintiffs. Where there are several plaintiffs and one of them dies before final judgment, the death may be suggested of record, a formal notation in the case that the party has died.
Once that suggestion is made, the deceased plaintiff's executor, administrator, heir, or legatee may proceed with the action jointly with the surviving plaintiff or plaintiffs. The section places that successor in the same position as the original party, allowing continuation "in the same manner as if he or she had originally joined" with the survivors in commencing the action.
This section provides continuity for the joint-plaintiff structure that 6-105 makes possible in the first place; without it, a co-plaintiff's death partway through the case could complicate or derail an action that started with multiple co-owners suing together.
Frequently Asked Questions
What triggers this section's procedure?
The death of one of several plaintiffs in an ejectment action before final judgment.
What is the first step after such a death?
The death may be suggested of record, a formal notation entered in the case.
Who may then continue the action in the deceased plaintiff's place?
The deceased plaintiff's executor, administrator, heir, or legatee.
On what terms does that successor continue the case?
Jointly with the surviving plaintiff or plaintiffs, in the same manner as if the successor had originally joined in commencing the action.
Does this section apply if there was only one plaintiff to begin with?
The section addresses a death among "several plaintiffs," tying its procedure to cases where more than one plaintiff joined in the action.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: death of plaintiff before judgment ejectment illinoissuggestion of death ejectment caseexecutor continuing ejectment lawsuitheir continuing ejectment action after co-plaintiff dies