North Dakota Code 28-20-06 – Judgments – Collection from property of decedent
If judgment has been rendered against a person who thereafter dies:
Terms Used In North Dakota Code 28-20-06
- Decedent: A deceased person.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
1. The judgment may be enforced by execution against any real property of the decedent upon which it had become a lien prior to the decedent’s death, but no such execution may issue until after the expiration of one year from the death of the judgment debtor; 2. If execution was actually levied prior to the decedent’s death upon personal property, such property may be sold to satisfy the execution, and the officer making the sale shall account to the personal representative for any surplus remaining in the officer’s hands; 3. If the judgment is for the recovery of real or personal property or for the enforcement of a lien thereon, execution may issue for the enforcement of such judgment; and
4. If the judgment is for the recovery of money, it may be presented as any other claim against the estate of the decedent.