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Current as of January 01, 2025 | Updated by Findlaw Staff
If any action is commenced within the time prescribed in sections 516.010 to 516.230, and the defendant in the suit dies before judgment, and if the right of action is such as survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, devisees or assigns of the defendant, as the case requires, within one year after his death; but if an executor or administrator is appointed then the new action may be commenced against the executor or administrator within nine months after the first published notice of letters testamentary or of administration whether more or less than one year after such death.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXV. Civil Procedure and Limitations § 516.240. If defendant dies, when and against whom new suit to be brought - last updated January 01, 2025 | https://codes.findlaw.com/mo/title-xxxv-civil-procedure-and-limitations/mo-rev-st-516-240/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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