When a party dies during the pendency of an action which is not extinguished by his death, his legal successor may have himself substituted for the deceased party, on ex parte written motion supported by proof of his quality. As used in Articles801 through 804, "legal successor" means:
Art. 801.Voluntary Substitution For Deceased Party; Legal Successor
Title III. Parties · Chapter 5. Substitution of Parties · Last amended 1962 · Last verified July 30, 2026
In one sentenceArticle 801 lets the legal successor of a party who dies while a surviving action is pending step into the case by ex parte motion supported by proof of status, and defines legal successor for the substitution articles that follow.
Full Text of Art. 801
(1) The survivors designated in Article 2315.1 of the Civil Code, if the action survives in their favor; and
(2) Otherwise, it means the succession representative of the deceased appointed by a court of this state, if the succession is under administration therein; or the heirs and legatees of the deceased, if the deceased's succession is not under administration therein.
Amendment History
Amended by Acts 1962, No. 92, §1.
Plain-English Summary
Not every claim dies with the person who held it. When an action survives a party's death — because the claim is one Louisiana law lets pass to specific survivors, or because it belongs to a succession that continues to exist after death — Article 801 lets that party's legal successor step into the deceased's place and keep the case moving.
The mechanism is an ex parte written motion: one the successor files without needing a hearing or a response from the opposing side at that stage, supported by proof of the successor's status. This keeps the substitution simple when no one disputes who the proper successor is.
Article 801 also defines legal successor for itself and the three articles that follow it. The term means the survivors the Civil Code names for wrongful-death and survival claims, when the action survives in their favor. In every other situation, it means the succession representative appointed to administer the deceased's succession, if that succession remains under administration, or, if not, the deceased's heirs or legatees directly.
Frequently Asked Questions
What happens to a lawsuit if a party dies while the case is pending?
If the action survives the party's death, the deceased party's legal successor can be substituted in to continue the case. Article 801 lets that successor accomplish the substitution through an ex parte written motion supported by proof of the successor's status.
Who counts as a legal successor under Article 801?
It depends on the claim. If the action survives in favor of the specific survivors the Civil Code names for wrongful-death and survival claims, those survivors are the legal successor. Otherwise, it is the succession representative if the deceased's succession is under administration, or the heirs and legatees if it is not.
Does every lawsuit survive the death of a party?
No. Some personal claims do not survive death under Louisiana law, while others — particularly wrongful-death and survival claims — pass to specific survivors the Civil Code identifies. Article 801 applies only to an action that is not extinguished by the party's death.
What does ex parte mean in the context of a motion to substitute a deceased party?
It means the motion can be filed and considered without a hearing or a response required from the opposing party at that stage, since it is supported by proof of the successor's status rather than disputed facts.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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