(1) If a party dies during the pendency of an action and the claim is not thereby extinguished, the court, within the period allowed by law, may order substitution of the proper parties. If substitution is not so made the action may be dismissed as to the deceased party. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and, together with the notice of hearing, shall be served on the parties as provided in Rule 5, and upon persons not parties as provided in Rule 4 for the service of summons. Upon becoming aware of a party's death, the attorney(s) of record for that party, as soon as practicable, shall file a notice of such death on the record and serve a copy of such notice in the same manner provided herein for service of the motion for substitution.
Rule 25.01.Death.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 25.01 governs what happens when a party dies while a Kentucky lawsuit is pending: if the claim survives, the court may substitute the proper parties within the time the law allows, and among multiple plaintiffs or defendants the case continues for or against the survivors without abating.
Full Text of Rule 25.01
(2) 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. In the event the right of action does not survive to or against the remaining parties, the court may render judgment as between them if it can do so without prejudice to others. In either case the death shall be noted of record and the action shall proceed in favor of or against the surviving parties.
Amendment History
(Amended November 13, 2006, effective January 1, 2007.)
Plain-English Summary
Rule 25.01 addresses what happens when a party to a pending lawsuit dies. If the underlying claim survives the death -- meaning the law does not end the claim just because the party died -- the court may substitute the proper party, such as an executor, administrator, or heir, in place of the deceased. That substitution has to happen within whatever time the law allows; if it does not happen, the court may dismiss the action as to the deceased party. Either the successors or representatives of the deceased, or any other party to the case, can move for substitution, and that motion has to be served on the existing parties the way any motion is served, and on any new people being brought in the way a summons is served.
The rule also puts a duty on the deceased party's attorney: once the attorney learns of the death, the attorney must, as soon as practicable, file a notice of the death in the case record and serve a copy of that notice the same way the substitution motion would be served.
When a case has several plaintiffs or several defendants and only one of them dies, the case does not automatically stall. If the right being pursued survives to or against the remaining parties, the lawsuit continues in their favor or against them once the death is noted in the record. If the right does not survive to the remaining parties, the court can still enter judgment among them, so long as doing so does not prejudice anyone else's rights.
Frequently Asked Questions
What happens if a party dies during a lawsuit in Kentucky?
If a party dies while a Kentucky lawsuit is pending and the claim survives the death, Rule 25.01 lets the court substitute the proper party -- such as an executor or administrator -- within the time the law allows. If no one moves for substitution in time, the court may dismiss the action as to the deceased party.
Who can file a motion to substitute a party after death?
Rule 25.01 allows the motion for substitution to be made by the successors or representatives of the deceased party, or by any other party to the case. The motion and notice of hearing must be served on the existing parties as provided in Rule 5, and on any new parties as provided in Rule 4 for service of a summons.
Does a lawsuit end if one of several plaintiffs or defendants dies?
No, not automatically. Rule 25.01 provides that when the right being enforced survives to or against the remaining plaintiffs or defendants, the action does not abate; it continues in favor of or against the survivors once the death is noted in the record. If the right does not survive to the remaining parties, the court may still enter judgment among them if doing so will not prejudice anyone else.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 25.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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