A party adventures for some time and the player characters eventually advance several times in level, say, to level 5. Unfortunately, one of the player characters is then killed, and either cannot be raised or chooses not to. The player intends to make a new character.
What level is their new character? Does a rule cover this circumstance, or is it up to the DM?
Best Answer
So....two answers here.
Non-Adventurer's League Play
It is entirely and completely up to the DM. There are no rules that cover this.
The PHB only talks about how PC Death can happen. The DMG makes only two mentions of PC Death...
Emphasis Mine from DMG p92
Then also has suggestions on p236 that a small group may want to keep some back-up characters around in case their character dies...
These two quotes are both suggestions, not rules, and do not answer definitively how you should handle a replacement character's level. The first quote implies you would be handing a PC a lower level 'follower' to take over as their new PC...while the other implies that they would have a same-level replacement character waiting in the wings.
Volo's, Xanathar's, Mordenkainen's, or any of the adventures make no further mention of it
Adventurer's League
Level 1. If you can't get yourself Raised.
If an AL Character dies and the party cannot resurrect them on-the-spot, here are their options:
The above is drawn from the AL Tyranny of Dragons Player's Guide, and has been repeated in each player's guide since.