Mo. Rev. Stat. » Chapter 511
Missouri Revised Statutes

Mo. Rev. Stat. § 511.550 (2026)

Death of a defendant, survival of judgment

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  511.550.  Death of a defendant, survival of judgment. — When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs or devisees, and execution may issue against any surviving defendant or defendants, or such judgment or decree may be revived against the heirs or devisees of any or all such deceased defendants, by scire facias, and execution may be sued out against the surviving defendant or defendants, and the heirs or devisees of such deceased defendants, or such of them as are made parties jointly; but if such judgment or decree concern the personalty, execution shall be sued out only against the surviving defendant or defendants; and if the lien of the judgment or decree has not expired, it shall be exhibited in the probate division of the circuit court for allowance, as other demands against the deceased defendant or defendant's estate, but if the lien has expired, the judgment or decree shall be revived against the executors or administrators of the deceased defendant or defendants, and then shall be proceeded with as herein directed.

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(RSMo 1939 § 1282, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1117; 1919 § 1568; 1909 § 2137

Effective 1-02-79

Notes of Decisions
Cited in 2 cases, 1985–1999 · leading case: Young v. Perkins, 993 S.W.2d 590 (Mo. Ct. App. 1999).
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Young v. Perkins, 993 S.W.2d 590 (Mo. Ct. App. 1999). · cites it 3× “That case, however, dealt with the application of the predecessor to Section 511.550, RSMo 1994, which provides that where there are several defendants in a judgment or decree, some of whom die before the judgment is satisfied, the judgment or decree, “if concerning real estate,…”
Hawkins v. Alcorn, 698 S.W.2d 37 (Mo. Ct. App. 1985). · cites it 2× “However, though the liens did not survive following the sale under the deed of trust, the judgments survived in accordance with § 511.550 RSMo 1978 and constitute eighth priority claims against the estate under § 473.”
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