I filed a small claim case for auto negligence in Florida... Summons was issued, process server wasn't able to locate defendant. I then found out that the defendant is deceased. He died about 1 week after opening my case. A pretrial conference hearing is scheduled next month (December). What do I do now?...
2 Answers from Attorneys
You must maker service of process on his Estate, if a Personal Representative has been appointed.
1. Dismiss the case or
2. Amend the complaint to include the estate and serve the personal representative
If no estate you have a problem and need an attorney