§ Form39 Plaintiff's Motion for Substitution -- Deceased Party Defendant

Codes > Alabama Rules of Civil Procedure > Appendix I > Form39 Plaintiff's

Form39. Plaintiff's Motion for Substitution -- Deceased Party Defendant.

    Plaintiff shows to the court that __________, the above-named defendant, died intestate (or testate) on or about the ______ day of ______, 19___; that letters of administration upon the estate of the said __________ were issued on the ______ day of ______, 19___, to __________ as administrator by the __________ Court of the State of Alabama (or, that __________ was duly appointed executor of the last will of __________ by the __________ Court of the State of Alabama and qualified as such executor on the ______ day of ______, 19___); and this is an action for [state briefly nature of action] and the claim of plaintiff was not extinguished by the death of defendant.

    Wherefore plaintiff moves the court for an order substituting __________, administrator (or, as the case may be, executor) of the estate of __________, deceased, as party defendant herein.

_____________________________________,

Attorney for Plaintiff.

Address: _____________________________________.