Execution of judgment entered against decedent before his death; execution levied upon property of decedent during his lifetime; conversion of lien of attachment.
1. If a judgment has been entered against the decedent in the decedent’s lifetime, no execution may issue after death, but a certified copy of the judgment must be attached to the statement of claim filed with the clerk and must be acted on as any other claim.
2. If an execution has been levied upon any property of the decedent in the decedent’s lifetime, the property may be sold for the satisfaction of the judgment, and the officer making the sale shall account to the personal representative for any surplus in his hands.
3. The lien of an attachment may be converted into the lien of a judgment on property in the estate subject to the lien of the attachment, with the same priority:
(a) If the judgment debtor dies after entry of judgment; or
(b) If judgment is entered after the death of the defendant,
Ê in the action in which the property was attached.
Last modified: February 25, 2006