§ 686.010.After Death of Judgment Creditor
Title 9. Enforcement of Judgments · Division 1 · Chapter 6. Enforcement After Death of Judgment Creditor or Judgment Debtor · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 686.010
Plain-English Summary
A judgment creditor's death doesn't erase the judgment or freeze collection efforts. Section 686.010 lets whoever steps into the creditor's shoes — an executor, an administrator, or another successor in interest — pick up enforcement right where the creditor left off, using every remedy this title provides.
Nothing here changes the substance of the judgment or the debtor's obligations. It only answers a procedural question: who may act. The successor doesn't need a new judgment or a separate lawsuit to keep collecting; the existing judgment and any liens or writs already in place carry forward with the person now entitled to enforce them.
This continuity rule stands in sharp contrast to what happens when the debtor, rather than the creditor, dies. Under § 686.020, a debtor's death sends enforcement into probate court instead of leaving it under this title — a very different outcome from the seamless succession this section provides for a deceased creditor.
Frequently Asked Questions
What happens to a money judgment if the judgment creditor dies before it's collected?
The judgment doesn't lapse. Section 686.010 lets the creditor's executor, administrator, or other successor in interest enforce it under the Enforcement of Judgments Law just as the creditor could have.
Does the successor need to file a new action to keep enforcing the judgment?
No. The existing judgment continues, and the successor may use the same enforcement remedies available under this title without starting over.
Does this section also cover what happens when the judgment debtor dies?
No. A debtor's death is handled differently, under § 686.020, which sends enforcement against the debtor's estate to the Probate Code instead.
Amendment History
Repealed and added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.