Deborah F. Theisen Individually v. Estate of Clayton C. Wilson A/K/A Cleo Wilson

Opinion of the Court by

Justice SCHRODER.

The primary question in this case is whether revival or substitution of parties is required by an heir to proceed in a case when the plaintiff in an action litigating title to real property dies prior to final judgment. We adjudge that in this ease revival (KRS 395.278) and substitution of parties (CR 25.01) was not required because the case was submitted for judgment prior to the death of the plaintiff. However, we remand for a preliminary determination of whether appellant had standing to proceed in the action after the death of the plaintiff.

In a…