2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 58 - Death of Parties
§ 13-58-101. Death of Debtor - Filing Claim

Universal Citation: CO Code § 13-58-101 (2021)

When a judgment is obtained in any court of record in this state against any person who after the rendition of said judgment dies, a claim based upon such judgment may be filed against the estate of the deceased judgment debtor without first reviving the judgment against his heirs or personal representatives.

History. Source: R.S. P. 381, § 37. G.L. § 1438. G.S. § 1871. R.S. 08: § 3659. C.L. § 5957. CSA: C. 93, § 67. L. 45: P. 423, § 1. CRS 53: § 77-8-1. C.R.S. 1963: § 77-8-1. History. Source: R.S. P. 381, § 37. G.L. § 1438. G.S. § 1871. R.S. 08: § 3659. C.L. § 5957. CSA: C. 93, § 67. L. 45: P. 423, § 1. CRS 53: § 77-8-1. C.R.S. 1963: § 77-8-1.


ANNOTATION

A judgment lien which attaches to specific property of a party during his lifetime is not dissolved by his death, but survives and is enforceable against the real estate of the decedent, and such lien may be enforced by the lienholder without filing a claim against the estate and independently of the estate proceeding. Willis v. Neilson, 32 Colo. App. 129, 507 P.2d 1106 (1973).


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