When a defendant dies before suit is filed, how is the time allowed for filing the action adjusted?

• A. 6 months added
• B. 12 months added
• C. 18 months added to the remaining period
• D. 24 months added

Answer: (C)

When a defendant dies before the suit is filed, the time to sue is extended to protect the plaintiff and allow substitution of the deceased’s estate. New York law adds 18 months to whatever time remains on the statute of limitations at the moment of death. In other words, you take the remaining period and extend it by 18 months, giving you a longer window to file against the decedent’s estate or personal representative. This helps ensure a viable path to pursue the claim even though the defendant has died.

For example, if the deadline would run in six months and the defendant dies now, there are six months left on the original period; adding 18 months yields a total of 24 months from now to file.