There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 426 ENFORCEMENT OF JUDGMENTS
426.555 Procedure in case of death of execution defendant.
Download pdfwith the same effect as if he were living. (2) The levy of an execution is not discharged by the death of the defendant but is suspended according to the provisions of the next following subsection. (3) A judgment, or the levy of an execution, may be revived against the personal representative or successor of a defendant after the lapse of six (6) months from the
time of the qualification of his first representative and against a real representative
after the lapse of twelve (12) months from the time of the death of the defendant. If,
however, owing to the perishable nature of the property levied on, or the cost of
keeping it, a sale of it would be beneficial, the court may so order; and the proceeds
shall be held subject to the order of the court on the rule for a revivor. (4) The revivor may be made upon a rule in the action, ten (10) days' notice of which shall be served in the same manner as summons. The motion for revivor shall be
docketed and tried as other motions, and the court may cause execution to issue
without delay. Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 434, effective January 2, 1978. -- Transferred and amended 1952 Ky. Acts ch. 84, secs. 1 and 14, effective
July 1, 1953, from C.C. sec. 407.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.