In one sentenceRule 25 explains what happens to a lawsuit when a party dies, becomes legally incompetent, transfers their interest to someone else, or, for public officials, leaves office while the case is pending.
aIf a party dies and the claim is not extinguished or barred, the court may order substitution of the proper parties. 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 in the manner provided in Rule 4 for the service of process.
bIn the event of the death of one or more of the plaintiffs or of 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. The death shall be indicated upon the record and the action shall proceed in favor of or against the surviving parties.
25.02Incompetency If a party becomes incompetent, the action shall not abate because of the disability, and the court upon motion served as provided in Rule 25.01 may allow it to be continued by or against the party’s representative.
25.03Transfer of Interest In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of this motion shall be made as provided in Rule 25.01.
25.04Public Officers; Death or Separation from Office When any public officer is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against the officer’s successor if it is satisfactorily shown to the court that there is a substantial need for so continuing and maintaining it. Substitution pursuant to this rule may be made when it is shown by supplemental pleading that the successor of any officer adopts or continues or threatens to adopt or continue the action of the officer’s predecessor. Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to object.
Plain-English Summary
A lawsuit does not necessarily end because something happens to one of the people involved. If a party dies and the underlying claim survives (meaning it is not the type of claim that legally dies with the person), the court can order that the proper successor or representative be substituted in. Either the deceased party’s representatives or any other party in the case can make that motion, and it has to be served on the other parties the normal way and on any non-parties the way a summons would be served. When there are multiple plaintiffs or multiple defendants and the right being enforced survives only among the ones still living, the case does not stall at all — the death gets noted in the record and the case continues with the surviving parties.
If a party becomes legally incompetent while the case is pending, the same logic applies: the case does not abate because of that disability, and the court can allow it to continue with the incompetent party’s representative stepping in, using the same motion procedure as in a death situation.
If a party transfers their interest in the case to someone else — selling a claim, assigning a contract, or something similar — the lawsuit does not automatically follow the interest. It can keep going in the name of the original party unless the court, on motion, orders that the new interest-holder be substituted in or added alongside the original party.
Public officials get their own version of this rule. If a public officer who is a party dies, resigns, or otherwise leaves office while the case is pending, the case can continue against or on behalf of their successor, but only if it is shown to the court’s satisfaction that there is a real need to keep the case going. That substitution can also happen if it is shown that the successor is picking up or continuing what their predecessor was doing in the case. Before any of this happens, the affected party or officer gets reasonable notice and a chance to object, unless they have already agreed to it.
Frequently Asked Questions
Does a lawsuit end if a party dies during the case?
Not if the underlying claim survives the person’s death; the court can order that the deceased party’s successor or representative be substituted in.
Who can ask the court to substitute a party after a death?
The motion can be made by the successors or representatives of the deceased party, or by any other party in the case.
What if one of several plaintiffs or defendants dies but the claim survives among the others?
The action does not abate at all in that situation; the death is noted in the record and the case proceeds with the surviving parties.
What happens if a party becomes legally incompetent during the lawsuit?
The case does not abate because of the disability, and the court may allow it to continue with the incompetent party’s representative stepping in.
If I sell my claim to someone else mid-lawsuit, does the case automatically transfer to them?
No, the case can continue in the name of the original party unless the court, on motion, orders the new interest-holder substituted in or joined.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 25). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source