Abatement of action for failure to take out letters.
✓ current as of May 2026
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§ 3375. Abatement of action for failure to take out letters.
If a plaintiff or petitioner in any action or proceeding now pending or hereafter
brought dies and a personal representative is not appointed within one year after
a suggestion of such death is filed in the action or proceeding, any defendant or
respondent may petition the court to abate the action as to the cause of action of
the decedent. Copies of the petition shall be served upon the executor named in the
will, if known to the defendant, and otherwise upon all known next of kin entitled
to letters of administration. The court shall abate the action as to the cause of
action of the decedent if the delay in taking out letters is not reasonably explained.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1983–2024 · leading case: Salvadia v. Ashbrook, 923 A.2d 436 (Pa. Super. Ct. 2007).
Salvadia v. Ashbrook, 923 A.2d 436 (Pa. Super. Ct. 2007). · cites it 4דPlaintiffs claim that the trial court erred by dismissing the case pursuant to 20 Pa. C.S. § 3375 (“Abatement of action for failure to take out letters”).”
Wallace ex rel. Wallace v. Novartis Pharm. Corp., 984 F. Supp. 2d 377 (M.D. Penn. 2013). · cites it 2ד20 Pa. Cons.Stat. § 3375. 11 “The use of ‘shall’ in the context of this statute reveals the legislature’s mandatory directive to the court, i.”
Gangemi v. DiAntonio, 31 Pa. D. & C.3d 616 (1983). · cites it 2ד, The instant matter is before the court on defendants’ motion 1 to abate plaintiff’s action pursuant to 20 Pa.C.S. §3375, Act of June 30, 1972, P.”
Dohner v. Clemens, 703 A.2d 708 (Pa. Super. Ct. 1997). “) On September 11, 1996, the petition for abatement was granted because appellant’s counsel failed to have a personal representative appointed within one year of the filing of the suggestion of death, pursuant to 20 Pa. C.S. § 3375. 2 Appellant’s argument that the cause of…”
Painter v. Dorozynsky, 6 Pa. D. & C.5th 22 (2008). · cites it 2דJoseph Hospital, should be abated pursuant to 20 Pa.C.S. §3375, which states: “If a plaintiff or petitioner in any action or proceeding now pending or hereafter brought dies and a personal representative is not appointed within one year after a suggestion of such death is filed…”
Hargrove, C. v. Koppers, Inc. (Pa. Super. Ct. 2018). “See 20 Pa.C.S. § 3375; see also Pa.R.C.P. 2355 (Note) (“Counsel for the deceased party should file the notice of death promptly upon learning of the death of the party and serve a copy upon every other party to the action.”
Hopkins, J. v. Backos, C. (Pa. Super. Ct. 2024). “____________________________________________ of Personal Representative); see also 20 Pa.C.S. § 3375 (stating that if a personal representative has not been appointed within one year after the suggestion of death’s filing, a defendant may petition the court to abate the action).”
Munday v. Underwriters Servs. Inc., 25 Pa. D. & C.4th 289 (1995). · cites it 2ד, Defendants and additional defendant contend that this action must be dismissed pursuant to 20 Pa.C.S. §3375 which reads in its entirety as follows: “If a plaintiff or petitioner in any action or proceeding now pending or hereafter brought dies and a personal representative is…”
Seidman v. Caplan, 30 Pa. D. & C.5th 316 (2013). “The Pennsylvania Abatement Statute, 20 Pa. C.S. § 3375, Abatement of action for failure to take out letters states: If a plaintiff.”
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