Form 33 – Plaintiff’s Motion for Substitution- Deceased Party Defendant

May 13, 2021 | Civil Procedure, Mississippi

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 Mississippi (or, that ______________ was duly appointed executor of the last will of _____________________ by the _________________ Court of the State of Mississippi 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.