§ 16-56-117 - Death of person entitled to sue or of a party.
16-56-117. Death of person entitled to sue or of a party.
(a) If any person entitled to bring any action specified in this act dies before the expiration of the time limited for the commencement of the suit, and if the cause of action survives to his or her representatives, then his or her executors or administrators may commence the suit, after the expiration of such time and within one (1) year after his or her death, but not after that period.
(b) (1) If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment and the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death.
(2) If no executor or administrator is appointed within that time, within one (1) year after the letters testamentary or of administration have been granted.
(c) (1) When an action commenced within the time prescribed by law abates by reason of the death of the plaintiff, the plaintiff's executor or administrator may commence a new action within one (1) year after the death of the plaintiff if the right of action survives to his or her representatives.
(2) If any action commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement.