Representative may be cited to appear.
Section 705
SEC. 705. Representative may be cited to appear. — If the executor or administrator does not voluntarily appear and prosecute or defend any action pending against the deceased, and which would survive according to the provisions of this chapter, the surviving party may take out a citation from the court before which the case is pending, requiring the executor or administrator to appear to prosecute and defend the action, which citation shall be served at least twelve days before the time at which he is required to appear. If the executor or administrator, after being so cited, neglects to become a party to the suit, he shall be nonsuited, or defaulted, as the case may be, and judgment rendered against him as executor or administrator; but he shall not be personally liable for costs; but the costs shall be paid the same as the debt or damages, out of the estate of the deceased. If there is no executor or administrator appointed, the death of the party may be suggested on the record, and the suit continued until an executor or administrator is appointed.