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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Pending before the Court is Defendant Estate of Harry Corbitt’s (“Defendant Estate”) motion to dismiss. See Dkt. No. 6.1 Defendant Estate asserts that the Court should dismiss the complaint against it because no estate has been created; and, even if it had, an estate lacks the capacity to be sued. See Dkt. No. 6-1 at 2. Harry Corbitt passed away on May 2, 2019. See id. (citing Aff. of Earline Corbitt, dated January 30, 2020 (“Corbitt Aff.”), at 2). Harry Corbitt’s widow, Erline Corbitt, received a copy of the summons with notice on or about October 16, 2019. See id. (citing Corbitt Aff. at

1 & 4). On or about January 4, 2020, Plaintiff served a formal complaint, also naming “the Estate of Harry Corbitt” as a defendant. See id. (citing Notice of Removal at 2 & Ex. B). Defendant Estate argues that “the Estate of Harry Corbitt” does not exist; and Earline Corbitt has not been appointed as an administrator, granted letters testamentary or given any other authority with regard to Harry Corbitt’s yet-to-be formed estate. See id. (citing [Corbitt Aff.] at

 
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