2015 Kentucky Revised Statutes CHAPTER 426 - ENFORCEMENT OF JUDGMENTS 426.551 Issual of execution after death of plaintiff -- Who treated as plaintiff.
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426.551 Issual of execution after death of plaintiff -- Who treated as plaintiff.
(1)
(2)
The death of a party, after recovering a judgment, shall not prevent the issuing of an
execution afterward; but
(a) Upon a judgment recovered by one (1) party, execution issued after his death
must be in favor of his representative or successor who is entitled to the
property for which the judgment was rendered.
(b) Upon a judgment recovered by several parties, execution issued after the death
of one must be in favor of the other.
(c) Upon a judgment recovered by several parties, execution issued after the death
of all of them must be in favor of the last survivor's representative or
successor who would have been entitled to the property if the judgment had
been recovered by such survivor only.
(d) The clerk shall indorse on the execution the names of the decedent and of such
survivor, representative or successor.
(e) An execution issued in favor of a survivor, representative or successor of a
decedent shall be subject to the control of the court whence it issued for the
protection of any person interested therein.
Upon such execution, the person entitled thereto, according to the indorsement of
the clerk, shall be treated by the sheriff as the plaintiff therein.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
secs. 402, 403.
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