Rule 2355.Notice of Death of a Party. Substitution of Personal Representative.
Adopted April 2, 2003 · Last amended April 2, 2003 · Last verified June 30, 2026
In one sentenceWhen a named party dies during an action, the deceased party’s attorney of record files a notice of death, and the rule supplies the form.
(a)If a named party dies after the commencement of an action, the attorney of record for the deceased party shall file a notice of death with the prothonotary. The procedure to substitute the personal representative of the deceased party shall be in accordance with Rule 2352.
(b)The notice of death required by subdivision (a) shall be substantially in the following form: (CAPTION) NOTICE OF DEATH The death of , a party to the above action, during the pen- dency of this action is noted upon the record. Attorney for the Deceased Party Address
Plain-English Summary
This rule handles the death of a party while a case is open. The attorney who represented the deceased files a notice of death on the record, which puts the parties and the court on notice and sets the stage for substituting a personal representative. The rule prints the form of that notice.
Frequently Asked Questions
Who files the notice of death?
The attorney of record for the deceased party files a notice of death upon the record.
What does the notice accomplish?
It records the death in the case and opens the way to substitute the deceased party’s personal representative.
Official Note
Official Note: Counsel for the deceased party should file the notice of death promptly upon learning of the death of the party and serve a copy upon every other party to the action. See Section 3375 of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 3375 which provides that if a plaintiff dies and a personal representative is not appointed within one year after a suggestion of the death, the court, upon petition, shall abate the action if the delay in tak- ing out letters is not reasonably explained. This rule does not address the case law discussing whether the commencement of an action by or against a deceased person is a nullity and therefore does not toll the running of the statute of limitations.
Amendment History
The provisions of this Rule 2355 adopted April 2, 2003, effective June 1, 2003, 33 Pa.B. 1927.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:notice of death of partysubstitution personal representative