Ala. R. Civ. P. Form 39
Plaintiff shows to the court that ______, the above-named defendant, died intestate (or testate) on or about the day of ____, 19__; that letters of administration upon the estate of the said ________ were issued on the ____ day of ____ , 19__, to _______ as administrator by the _______ Court of the State of Alabama (or, that _______ was duly appointed executor of the last will of by the ________ Court of the State of Alabama and qualified as such executor on the day of _______ 19); and this is an action for [state briefly nature of action] and the claim of plaintiff was not extinguished by the death of defendant.
Wherefore plaintiff moves the court for an order substituting administrator (or, as the case may be, executor) of the estate of ________ deceased, as party defendant herein.
_______________________,
Attorney for Plaintiff.
Address: ______________
Ala. R. Civ. P. Form 39
Committee Comments
This motion should be modified for use in situations where the plaintiff is the deceased, the action is not extinguished by the plaintiff's death and the plaintiff's representative desires to be substituted as the plaintiff.