Group 4: Parties · Last amended April 28, 2015 · Last verified July 13, 2026
In one sentenceRule 25 keeps a lawsuit moving when a party dies, becomes incompetent, or transfers an interest in the dispute, by allowing the court to substitute the proper successor, representative, or transferee in the party's place.
(1)Procedure. If a party dies and the claim is not thereby extinguished, 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 by rule 5 for service of notices, and upon persons not parties in the manner provided by statute or by rule for the service of a summons. If substitution is not made within the time authorized by law, the action may be dismissed as to the deceased party.
(2)Partial abatement. In 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 suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(b)Incompetency. If a party becomes incompetent, the court upon motion served as provided in section
(a)of this rule may allow the action to be continued by or against the party’s representative.
(c)Transfer 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 the motion shall be made as provided in section (a) of this rule.
(d)Public offices; death or separation from office. [Reserved.]
Amendment History
Prior: RPPP Rule 25. Adopted May 5, 1967, effective July 1, 1967; amended, effective April 28, 2015.
Plain-English Summary
Lawsuits outlive the people who file them more often than nonlawyers expect. Rule 25(a) addresses a party's death: if the underlying claim survives the party's death, the court may substitute the deceased party's successor or representative. Either that successor or representative, or any other party, may move for substitution, and the motion must be served on other parties under Rule 5 and on any nonparty successor in the manner used to serve a summons. Wait too long, and the case may be dismissed as to the deceased party. When only some plaintiffs or defendants die, and the right being enforced survives for or against the ones remaining, the action doesn't stop -- the death goes on the record and the case proceeds among the surviving parties.
Rule 25(b) covers a party who becomes incompetent during the litigation. On motion, the court may let the case continue by or against that party's representative rather than forcing a halt. Rule 25(c) handles a transfer of interest in the property or claim at stake -- a sale, assignment, or similar transfer doesn't automatically pull the transferee into the case. The action can keep going in the name of the original party unless the court, on motion, orders the transferee substituted in or joined alongside that original party.
Rule 25(d), covering the death or separation from office of a public officer who is a party, is reserved in Washington's rule -- it carries no operative substitution procedure of its own.
Frequently Asked Questions
What happens if a party dies while a Washington lawsuit is pending?
If the claim survives the party's death, Rule 25(a) allows the court to substitute the deceased party's successor or representative. The motion must be served on the parties under Rule 5, and on nonparty successors in the manner used for serving a summons. If no one moves for substitution within the time the law allows, the action may be dismissed as to the deceased party.
Who can move to substitute a deceased party?
Rule 25(a)(1) lets the deceased party's successors or representatives make the motion, or lets any other party to the case make it.
Does a lawsuit end if only one of several plaintiffs or defendants dies?
Not if the right being enforced survives only for the surviving plaintiffs or only against the surviving defendants. Rule 25(a)(2) treats this as partial abatement: the death is noted on the record and the action proceeds among the surviving parties without abating.
What happens if a party becomes incompetent during litigation?
Rule 25(b) lets the court, on motion, allow the action to continue by or against that party's representative.
If I transfer my interest in the property being litigated, do I stay in the lawsuit?
Under Rule 25(c), the action may continue in the name of the original party even after a transfer of interest, unless the court orders the transferee substituted in or joined with the original party on motion.
Does Rule 25 explain what happens when a public official who is a party leaves office or dies?
Rule 25(d) is reserved in Washington's current rule and contains no operative substitution procedure for that situation.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
Also known as:substitution of parties after deathparty dies during a lawsuit Washingtonincompetent party substitutiontransfer of interest during litigationCR 25 Washington civil procedure