Tolling of a plaintiff’s death on their claim tolls the period for their duly appointed representative?

• A. Six months from death
• B. One year from death
• C. Longer of one year from death or remaining SoL
• D. No tolling

Answer: (C)

When a plaintiff dies, the claim can be pursued by a duly appointed representative, and the time to sue is extended to protect that representative. The rule uses the longer of two timeframes: one year from the date of death, or the remaining time on the statute of limitations for the underlying claim. This means the representative has at least a year from death to file, but if the case would have more time left on the SOL, that longer period applies. For example, if there are eight months left on the SOL, the one-year minimum is longer, so the representative has twelve months from death. If there are eighteen months left, the remaining SOL is longer, so that longer period governs. This approach prevents premature dismissal due to the complications of appointing a representative and preserves the opportunity to pursue the claim. Therefore, tolling is the longer of one year from death or remaining SoL.