426.555 Procedure in case of death of execution defendant.

224 words·~1 min read·/ky/chapter-426/426-555

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The death of a defendant after a sale of his property under execution shall not

prevent a conveyance of the property. It shall be conveyed in the same manner and

with the same effect as if he were living.

(2)The levy of an execution is not discharged by the death of the defendant but is

suspended according to the provisions of the next following subsection.

(3)A judgment, or the levy of an execution, may be revived against the personal

representative or successor of a defendant after the lapse of six

(6)months from the

time of the qualification of his first representative and against a real representative

after the lapse of twelve

(12)months from the time of the death of the defendant. If,

however, owing to the perishable nature of the property levied on, or the cost of

keeping it, a sale of it would be beneficial, the court may so order; and the proceeds

shall be held subject to the order of the court on the rule for a revivor.

(4)The revivor may be made upon a rule in the action, ten

(10)days' notice of which

shall be served in the same manner as summons. The motion for revivor shall be

docketed and tried as other motions, and the court may cause execution to issue

without delay.