Title 9, Chapter 11, Section 25
(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representative of the deceased party and, together with the notice of the hearing, shall be served on the parties as provided in Code Section 9-11-5 and upon persons not parties in the manner provided in Code Section 9-11-4 for the service of a summons. Unless the motion for substitution is made not later than 180 days after the death is suggested upon the record by service of a statement of the fact of the death, the action shall be dismissed as to the deceased party.
(2) In the event of the death of one or more of the plaintiffs or
of one or more of the defendants in an action in which the right
sought to be enforced survives only to the surviving plaintiffs or
only against the surviving defendants, the action does not abate.
The death shall be suggested upon the record and the action shall
proceed in favor of or against the surviving parties.
(b) Incompetency. If a party becomes incompetent, the court, upon
motion served as provided in subsection (a) of this Code section,
may allow the action to be continued by or against his
(c) Transfer of interest. In case of any transfer of interest, the
action may be continued by or against the original party unless the
court, upon motion, directs the person to whom the interest is
transferred to be substituted in the action or joined with the
original party. Service of the motion shall be made as provided in
subsection (a) of this Code section.
(d) Public officers; death or separation from office.
(1) When a public officer is a party to an action in his official
capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the action does not abate, and his
successor is automatically substituted as a party. Proceedings
following the substitution shall be in the name of the substituted
party, but any misnomer not affecting the substantial rights of
the parties shall be disregarded. An order of substitution may be
entered at any time, but the omission to enter such an order shall
not affect the substitution.
(2) When a public officer brings or defends an action in his
official capacity, he may be described as a party by his official
title rather than by name; but the court may require his name to