Not taking new clients until late October 2026Mon–Fri 8a–6p67 FL counties
Florida Bar member · 9 years
probate.helpEST · SARASOTA · FLprobate.helpEST · SARASOTA · FL
Office line · current clients
941 · 352 · 1006
Text usJoin the waitlist
← All statutes
Chapter 46 — Survival of Actions

Florida Statute 46.021

“Actions; surviving death of party”

What it means

No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law. The rule covers claims a decedent held and claims against a decedent.

The section does not name the person who acts. For an estate, the personal representative may prosecute or defend claims or proceedings for the protection of the estate (§ 733.612(20)). Two other statutes limit the survival rule. Section 768.20 abates a personal injury action when the injury results in death. Section 733.702(2) provides that a cause of action against a decedent does not survive unless a claim is filed within the probate claim periods.

— What it says
  • No cause of action dies with the person (§ 46.021).
  • All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law (§ 46.021).
  • A personal representative may prosecute or defend claims or proceedings for the protection of the estate (§ 733.612(20)).
  • A personal injury action abates when the injury results in death, and the wrongful death action applies instead (§ 768.20).
  • A cause of action against a decedent does not survive unless a claim is filed within the probate claim periods (§ 733.702(2)).
  • Two years after death, the estate, the personal representative, and the beneficiaries are generally not liable for claims against the decedent (§ 733.710(1)).

Text of the statute (2026)

§ 46.021
No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.

Excerpts are the subsections the summary relies on. Read the full official text of § 46.021.

History. s. 30, Nov. 23, 1828; RS 989; GS 1375; RGS 2571; CGL 4211; s. 1, ch. 26541, 1951; s. 2, ch. 67-254.

— In a Florida probate

How it applies

Section 46.021 is the reason a claim does not end when its holder dies. A claim the decedent held can be pursued by the personal representative for the estate, and a claim against the decedent can be pursued in the probate. Whether a creditor can collect is decided by probate's own limits: a claim against the decedent must be filed within the periods in § 733.702, and § 733.710(1) generally ends liability 2 years after death. A personal injury claim that ends in death is replaced by the wrongful death action.

Where this shows up

Pages on this site where § 46.021 does real work:

Questions people ask

Can you sue someone who has died in Florida?
A cause of action does not die with the person (§ 46.021). A claim against the decedent is not binding on the estate unless it is filed in the probate within the periods in § 733.702, and § 733.710(1) generally ends liability 2 years after death.

Sources

  • Fla. Stat. § 46.021 (2026) (“No cause of action dies with the person.” Survival rule.)
  • Fla. Stat. § 733.612 (2026) (“Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate” Personal representative authority.)
  • Fla. Stat. § 733.702 (2026) (“No cause of action, including, but not limited to, an action founded upon fraud or other wrongful act or omission, shall survive the death of the person against whom the claim may be made” Limit on survival of claims against a decedent.)
  • Fla. Stat. § 733.710 (2026) (“2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent” Two-year limit.)
  • Fla. Stat. § 768.20 (2026) (“no action for the personal injury shall survive, and any such action pending at the time of death shall abate” Abatement rule.)

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 46.021

Published by the Probate.Help editorial team.How these pages are written and checked.

Intake paused · reopens late October 2026

You're going to get through this.

Rachel is not accepting new clients until late October 2026. Every guide, calculator, county page, and statute page here stays free. Leave your details and we'll call when intake reopens — or, if your matter can't wait, The Florida Bar Lawyer Referral Service refers you to another Florida attorney taking cases now.

Florida Bar #127500RPPTL SectionSarasota Bar AssociationFL Assoc. Women Lawyers