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.
Ala. Code § 6-9-63
Execution Where Defendant Dead.
Applied in 1 court decision — leading case 219 So. 3d 620 - Ex parte Arvest Bank (2016)
Most recently applied in 219 So. 3d 620 - Ex parte Arvest Bank (September 2016)
(Code 1907, §4096; Code 1923, §7811; Code 1940, T. 7, §524.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.