Code of Alabama
Ala. Code § 6-9-63 (2026)
Execution Where Defendant Dead.
✓ official Alabama Legislature (ALISON) text, current July 2026
After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment for money, execution thereof may be had by leave of the court entering the judgment, or of the judge thereof, upon cause shown, against any property on which said judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival in the same manner as if the defendant had not died.
(Code 1907, §4096; Code 1923, §7811; Code 1940, T. 7, §524.)
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: Ex parte Arvest Bank, 219 So. 3d 620 (Ala. 2016).
Ex parte Arvest Bank, 219 So. 3d 620 (Ala. 2016). “At the time of the adoption of Ala. Code § 6-9-63 tenancies in common were the only form of co-ownership and joint tenancies did not exist.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.