What to do if…
you receive urgent court papers addressed to a person who has died

What to do now

1. Capture the deadline and case details.
   On the summons, complaint, notice, or letter, write down the court name, case number, names of the parties, hearing date, and response deadline. Photograph or scan every page and the envelope.

2. Check whether the papers are from a court or from an attorney.
   Look for a court name, courthouse address, case number, filing stamp, electronic filing notice, or attorney letterhead. If there is a court name or case number, use the court’s official website or phone number to confirm the clerk’s contact details before sharing information.

3. Work out whether anyone has authority for the estate.
   In many cases, the person who can act for a deceased person’s estate is a court-appointed personal representative, sometimes called an executor or administrator. Proof may be called Letters Testamentary, Letters of Administration, or another probate document depending on the state. If you do not have appointment papers, assume you are notifying people of the death, not making decisions for the estate.

4. Contact the court clerk about procedure.
   Say: “I received papers in case number [case number] involving [name], who died on [date]. I am [relationship or role]. I need to know how this court accepts notice of death, whether any deadline or hearing is pending, and where to find the court’s rules or forms about more time, substitution, or the proper party.” Court staff can usually explain procedures and deadlines, but they generally cannot tell you what legal strategy to choose.

5. Make a short written record of the death notice.
   If the court accepts written filings, emails, or letters from non-lawyers, keep it factual: the person’s name, date of death, case number, your relationship, whether a personal representative has been appointed if known, and your contact details. Keep proof of sending. Do not write as if you are the estate’s representative unless you have that authority.

6. Notify the plaintiff’s attorney or the sender in writing.
   Use the contact information on the papers. State that the person has died, give the date of death, say whether a personal representative has been appointed if you know, and ask whether they will agree in writing to pause or extend any deadline while the proper party is identified. Do not argue the claim or discuss payment in this first message.

7. If you are the personal representative, protect the deadline.
   Contact a local probate or civil litigation lawyer, legal aid, or a court self-help center quickly. Ask what must be filed in that specific court to preserve the estate’s position, such as an answer, motion, notice, or request for more time.

8. If you are not the personal representative, say that clearly.
   Use wording such as: “I am the person who received the mail. I am not the court-appointed personal representative.” Your immediate role is to pass on accurate information, preserve the papers, and help the right person find urgent help.

9. Treat substitution rules as court-specific.
   In federal civil court, Rule 25 addresses substitution after a party dies, including service requirements and a 90-day period that can be triggered by service of a statement noting death. State courts may use different rules, and death before a case was filed can raise different issues. Under deadline pressure, ask the clerk where the applicable rule is and get local legal help before filing anything more than a factual notice.