3375 - Abatement of action for failure to take out letters.

     § 3375.  Abatement of action for failure to take out letters.        If a plaintiff or petitioner in any action or proceeding now     pending or hereafter brought dies and a personal representative     is not appointed within one year after a suggestion of such     death is filed in the action or proceeding, any defendant or     respondent may petition the court to abate the action as to the     cause of action of the decedent. Copies of the petition shall be     served upon the executor named in the will, if known to the     defendant, and otherwise upon all known next of kin entitled to     letters of administration. The court shall abate the action as     to the cause of action of the decedent if the delay in taking     out letters is not reasonably explained.