28-20-06. Judgments - Collection from property of decedent.
156 words·~1 min read·
/nd/title-28/chapter-28-20-judgments/28-20-06·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If judgment has been rendered against a person who thereafter dies:
1. The judgment may be enforced by execution against any real property of the decedent
upon which it had become a lien prior to the decedent's death, but no such execution
may issue until after the expiration of one year from the death of the judgment debtor;
2. If execution was actually levied prior to the decedent's death upon personal property,
such property may be sold to satisfy the execution, and the officer making the sale
shall account to the personal representative for any surplus remaining in the officer's
hands;
3. If the judgment is for the recovery of real or personal property or for the enforcement of
a lien thereon, execution may issue for the enforcement of such judgment; and
4. If the judgment is for the recovery of money, it may be presented as any other claim
against the estate of the decedent.