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Mont. Code Ann. § 25-13-103

Execution after death of party

Applied in 1 court decision — leading case Elder v. Smith (2010)

Most recently applied in Elder v. Smith (January 2010)

En

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.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.