(1) If any plaintiff dies before judgment, the plaintiff’s heir or devisee, or the plaintiff’s personal representative for the benefit of the heir, devisee or creditors, may prosecute in place of the plaintiff.
843.06.Death of parties.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 843.06 lets a deceased plaintiff’s heir, devisee, or personal representative carry on a possession action, keeps the case going against surviving defendants when one dies, and lets surviving plaintiffs vindicate their own interests when a co-plaintiff dies.
Full Text of Section 843.06
(2) If there are several defendants and any dies before judgment, the action may be prosecuted against the surviving defendants to bar such interests as they claim.
(3) The surviving plaintiffs may prosecute the action to vindicate their interests.
Plain-English Summary
Section 843.06 keeps a possession action from collapsing when a party dies before judgment. Under subsection (1), if a plaintiff dies, the plaintiff’s heir or devisee, or the plaintiff’s personal representative acting for the benefit of the heir, devisee, or creditors, may step in and prosecute the case in the plaintiff’s place.
Subsection (2) addresses a defendant’s death when there are several defendants: the action may continue against the surviving defendants to bar whatever interests they claim, without requiring a new party to stand in for the deceased defendant. Subsection (3) covers the reverse situation among plaintiffs — where there are multiple plaintiffs and one dies, the surviving plaintiffs may prosecute the action to vindicate their own interests.
Across all three subsections, the section’s throughline is continuity: a death during litigation shifts who carries the case forward, but it does not, by itself, end the case.
Frequently Asked Questions
What happens to a possession lawsuit if the plaintiff dies before judgment?
Section 843.06(1) allows the plaintiff’s heir or devisee, or the plaintiff’s personal representative acting for the benefit of the heir, devisee, or creditors, to prosecute the action in the plaintiff’s place.
If there are multiple defendants and one dies during the case, does the whole action stop?
No. Section 843.06(2) allows the action to be prosecuted against the surviving defendants to bar the interests they claim.
What happens if one of several plaintiffs dies before judgment?
Section 843.06(3) allows the surviving plaintiffs to prosecute the action to vindicate their own interests.
Can a personal representative bring a possession claim for the benefit of creditors, not just heirs?
Yes. Section 843.06(1) allows the personal representative to prosecute the action for the benefit of the heir, devisee, or creditors.
Does a devisee have the same right as an heir to step into the case?
Yes. Section 843.06(1) treats the plaintiff’s heir and devisee alike as people who may prosecute the action in the deceased plaintiff’s place.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.06; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin death of party during lawsuitheir continues possession lawsuit wisconsinpersonal representative substitute plaintiff wisconsin843.06 death of parties