Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations21.06.1 Where the cause of action survives against the estate of a deceased person a proceeding may be commenced against the estate of the deceased.
21.06.2 Until a grant of representation of the estate of a deceased person is made:
(a) a proceeding may be commenced and continued against the estate of the deceased naming the estate as defendant; or
(b) the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding.
21.06.3 Where a grant of representation of the estate of a deceased person has been made, a proceeding may be commenced and continued naming the personal representative of the deceased as defendant.