Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 13. EXECUTION OF JUDGMENT · Part 1. Right to Enforcement of Judgment
Montana Code Annotated

Mont. Code Ann. § 25-13-103 (2026)

Execution After Death Of Party

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 13
  4. Part 1
  5. 25-13-103 Execution after death of party

TITLE 25. CIVIL PROCEDURE

CHAPTER 13. EXECUTION OF JUDGMENT

Part 1. Right to Enforcement of Judgment

Execution After Death Of Party

25-13-103. Execution after death of party. Notwithstanding the death of a party after the judgment, execution on the judgment may be issued or it may be enforced as follows:

(1) In case of the death of the judgment creditor, it may be enforced upon the application of the creditor's executor, administrator, or successor in interest.

(2) In case of the death of the judgment debtor, if the judgment is for the recovery of real or personal property or the enforcement of a lien on the property, execution may be issued with the same effect as if the debtor were still living.

History: En. Sec. 215, p. 178, L. 1867; re-en. Sec. 256, p. 82, Cod. Stat. 1871; re-en. Sec. 306, p. 120, L. 1877; re-en. Sec. 306, 1st Div. Rev. Stat. 1879; re-en. Sec. 317, 1st Div. Comp. Stat. 1887; re-en. Sec. 1216, C. Civ. Proc. 1895; re-en. Sec. 6819, Rev. C. 1907; re-en. Sec. 9422, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 686; re-en. Sec. 9422, R.C.M. 1935; R.C.M. 1947, 93-5808; amd. Sec. 437, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases, 1988–2010 · leading case: Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988).
Sort: Relevance Newest Treatment
Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988). · cites it 4× “In the instant case, Credit Alliance Corporation contends that the property at issue is not exempt from execution.”
Elder v. Smith, 987 A.2d 36 (Md. 2010). “§ 11-33-75 (2004); Mont.Code Ann. § 25-13-103 (2009); N.J. Stat.”
Est. of Wilhelm, No. 88-181 (Mont. June 27, 1988). · cites it 3× “In the instant case, Credit Alliance Corporation contends that the property at issue is not exempt from execution.”
Mont. Code Ann. § 25-13-103(2): 2 cases
Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988). “In the instant case, Credit Alliance Corporation contends that the property at issue is not exempt from execution.”
Est. of Wilhelm, No. 88-181 (Mont. June 27, 1988). “In the instant case, Credit Alliance Corporation contends that the property at issue is not exempt from execution.”
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.