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Current as of January 01, 2025 | Updated by Findlaw Staff
When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs or devisees, and execution may issue against any surviving defendant or defendants, or such judgment or decree may be revived against the heirs or devisees of any or all such deceased defendants, by scire facias, and execution may be sued out against the surviving defendant or defendants, and the heirs or devisees of such deceased defendants, or such of them as are made parties jointly; but if such judgment or decree concern the personalty, execution shall be sued out only against the surviving defendant or defendants; and if the lien of the judgment or decree has not expired, it shall be exhibited in the probate division of the circuit court for allowance, as other demands against the deceased defendant or defendant's estate, but if the lien has expired, the judgment or decree shall be revived against the executors or administrators of the deceased defendant or defendants, and then shall be proceeded with as herein directed.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXV. Civil Procedure and Limitations § 511.550. Death of a defendant, survival of judgment - last updated January 01, 2025 | https://codes.findlaw.com/mo/title-xxxv-civil-procedure-and-limitations/mo-rev-st-511-550/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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