(a) (1) If one (1) or more plaintiffs in a judgment or decree dies before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive to the executors or administrators of the deceased party and, if concerning real estate, to his or her heirs or devisees.
(2) In each of the preceding cases, execution may be sued out in the name of the surviving plaintiff for the benefit of himself or herself and legal representatives of the deceased party, or the judgment or decree may be revived in the name of the legal representatives and the surviving plaintiff and execution may be sued out jointly.
(b) (1) When there are several defendants in a judgment or decree and some of them die before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive against the executor or administrator of the deceased party and, if concerning real estate, against his or her heirs or devisees.
(2) In each of the cases mentioned in subdivision (b)(1) of this section, execution may be issued in the name of the surviving plaintiff for the benefit of himself or herself and the legal representatives of any deceased plaintiff or in the name of the surviving plaintiff and the representatives of any deceased plaintiff against any surviving defendant.
(c) The term "real estate", as used in this act, shall be construed to include all estates and interest in lands and tenements, whether legal or equitable, liable to be sold under execution.
Section: 16-65-502 16-65-503 16-65-504 16-65-505 NextLast modified: November 15, 2016