The Illinois state legislature introduced a proposed rule amendment that would amend the Code of Civil Procedure to allow courts to appoint a special representative for a person who dies before an action is filed against him. The amendment thus allows plaintiffs to bring an action against the special representative without opening an estate. Further, the change would require all heirs or legatees of the deceased be notified of the action by U.S. mail.
This amendment has the potential to affect those seeking medical malpractice claims against physicians that die prior to the filing of an action. The bill would allow these individuals to seek recovery from a court appointed special representative instead of the complicated alternative of opening an estate.