Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-225 governs what happens to a pending case when a party dies, becomes incapacitated, transfers an interest, or a public officer leaves office, setting out how and when the proper substitute is brought in and what happens if no one asks in time.
(1)Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court must on motion order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within a reasonable time after service of a statement noting the death, the action by or against the decedent must be dismissed.
(2)Continuation among the remaining parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.
(3)Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in K.S.A. 60-205, and amendments thereto, and on nonparties in the manner provided for the service of a summons. A statement noting death must be served in the same manner.
(b)Incapacity. If a party becomes an incapacitated person, the court may, on motion permit the action to be continued by or against the party's representative as provided in subsection (c) of K.S.A. 60-217, and amendments thereto. The motion must be served as provided in subsection (a)(3).
(c)Transfer of interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in subsection (a)(3).
(d)Public officers; death or separation from office. An action does not abate when a public officer who is a party in an official capacity dies, resigns or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
(e)Continued representation by attorney. If a party dies or becomes an incapacitated person, that party's attorney may continue the representation in the name of the original party until a substitution has been made.
Amendment History
L. 1963, ch. 303, 60-225; L. 1965, ch. 354, § 3; L. 2010, ch. 135, § 94; July 1.
Plain-English Summary
A party's death doesn't automatically end a live claim. Subsection (a) requires the court to order substitution of the proper party once a party dies and the claim survives, and any party or the decedent's successor or representative can make that motion. But there's a deadline built into the process: if no one moves for substitution within a reasonable time after a statement noting the death is served, the court must dismiss the action against the decedent. When the right being enforced survives only among the parties who remain, though, the case doesn't abate at all — it continues in their names, with the death noted on the record.
Incapacity works differently. If a party becomes an incapacitated person, the court may — not must — let the case continue by or against that party's representative, following the procedure in K.S.A. 60-217(c). Transfers of interest are handled with similar flexibility: the action can keep going in the name of the original party unless the court orders the transferee substituted in or joined with that party. Both the incapacity and transfer-of-interest motions have to be served the same way a substitution motion for a deceased party is served.
Public officers get their own rule, and it's automatic instead of motion-driven. When an officer sued in an official capacity dies, resigns, or otherwise leaves office while the case is pending, the case doesn't abate — the successor steps in automatically, and any misnomer that doesn't affect the parties' substantial rights gets disregarded. The court can enter an order reflecting the substitution at any time, but skipping that order doesn't undo the substitution itself. And when a party dies or becomes incapacitated, that party's attorney can keep representing the case in the original party's name until a formal substitution happens.
Frequently Asked Questions
What happens if a party dies while a Kansas lawsuit is pending?
If the claim survives, the court must order substitution of the proper party on motion by any party or by the decedent's successor or representative. If no one moves for substitution within a reasonable time after a statement noting the death is served, the court must dismiss the action against the decedent.
Does the case automatically end if a party dies?
Not if the right survives among the remaining parties — the action continues in their favor or against them without abating. Even where substitution is needed, dismissal only follows if no timely motion for substitution is made.
What happens to a case when a public officer sued in an official capacity leaves office?
The action doesn't abate. The officer's successor is automatically substituted, and later proceedings go forward in the substituted party's name. The court may enter an order reflecting this at any time, but the absence of that order doesn't affect the substitution.
Can my lawyer keep handling my case if I become incapacitated before a substitution is made?
Yes. Subsection (e) allows the attorney to continue representing the party in that party's original name until a substitution has been made.
If I transfer my interest in a claim to someone else mid-lawsuit, does that person automatically take over the case?
No. The action may continue in the name of the original party unless the court, on motion, orders the transferee substituted in or joined with that party.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as:kansas substitution of parties deathwhat happens if plaintiff dies kansas lawsuitpublic officer substitution kansas civil caseincapacitated party substitution kansas60-225 death of a party