We get a lot of questions about suing someone who has passed. It is not fun to sue a dead person but you have to do what you have to do to ensure a recovery for your client. Thankfully, you are suing the estate almost invariably in name only and their is an insurance company standing behind the lawsuit.
If the decedent had an estate, it is pretty easy: you sue the estate and serve the personal representative. Click here for an outline of how to handle this situation if you have a decedent defendant in a Maryland accident case.