The case against a dead person continues. If no probate case is opened within 60 days of death, then the injured person can ask the court to open a probate and appoint an administrator to oversee the defense. If the wrongdoer dies before the lawsuit, the injured person may still file a lawsuit against the estate, if the statute of limitations has not expired. Remember, typically, we are seeking the payment of insurance benefits. Consequently, suing the estate is not a mean or heartless thing to do.