---
kind: "section"
citation: "28 U.S.C. § 2404"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2404"
heading: "Death of defendant in damage action"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2404"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 161 — United States as Party Generally"
---

# §2404. Death of defendant in damage action


A civil action for damages commenced by or on behalf of the [United States](/usc/28/3002.md?p=15) or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against surviving defendants.


## Source credit

(June 25, 1948, ch. 646, 62 Stat. 971.)

## Notes

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 780a (June 16, 1933, ch. 103, 48 Stat. 311).

Substitution of parties, see rule 25(a) of the Federal Rules of Civil Procedure.

Changes in phraseology were made.