Minnesota Statutes
Minn. Stat. § 540.12 (2026)
Action Not To Abate By Death; Torts
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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No action shall abate by reason of the death or disability of a party, or the transfer of the party's interest, if the cause of action continues or survives. After a verdict, decision, or report of a referee, fixing the amount of damages for a wrong, such action shall not abate by the death of any party thereto.
Notes of Decisions
Cited in 2
cases, 1949–1949 · leading case: Jacobs v. Jacobs, 35 N.W.2d 611 (Minn. 1949).
Jacobs v. Jacobs, 35 N.W.2d 611 (Minn. 1949). “Section 540.12, quoted above, provides that upon the death of a party the court “may substitute the representative or successor in interest, * * Though the statute is in its terms permissive and not mandatory, the court is not at liberty to exercise an arbitrary discretion, but…”
Milner v. First Nat'l Bank of Minneapolis, 37 N.W.2d 450 (Minn. 1949). “) Section 540.12 provides: “No action shall abate by reason of the death or disability of a party, * * * if the cause of action continues or survives.”
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