Montana Code 25-13-103. Execution after death of party
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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:
Terms Used In Montana Code 25-13-103
- Executor: A male person named in a will to carry out the decedent
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Montana Code 1-1-205
(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.