After the death of the judgment debtor, enforcement of a judgment against property in the judgment debtor's estate is governed by the Probate Code, and not by this title.
§ 686.020.After Death of Judgment Debtor
Title 9. Enforcement of Judgments · Division 1 · Chapter 6. Enforcement After Death of Judgment Creditor or Judgment Debtor · Last amended 1989 · Last verified July 28, 2026
In one sentenceSection 686.020 provides that once a judgment debtor dies, enforcing a judgment against property in the debtor's estate is governed by the Probate Code rather than by the Enforcement of Judgments Law.
Full Text of § 686.020
Plain-English Summary
This section marks a clean handoff. Where a creditor's death changes nothing about how a judgment gets enforced under § 686.010, a debtor's death moves enforcement into an entirely different body of law. Once the debtor dies, collecting against property in the debtor's estate is a probate matter, not a Code of Civil Procedure matter.
That shift makes sense given how estates work. A deceased debtor's assets pass through probate administration, where creditors generally present claims against the estate rather than levying on property directly. Continuing to use writs of execution or attachment procedures designed for a living debtor would collide with that administration process.
A judgment creditor who learns the debtor has died should expect to pursue the claim through the probate proceeding for the debtor's estate, not through the levying and enforcement mechanics found elsewhere in this title.
Frequently Asked Questions
Can a judgment creditor still use a writ of execution once the judgment debtor has died?
Not against property in the debtor's estate. Section 686.020 routes enforcement against estate property to the Probate Code instead of this title.
Why does the debtor's death change the enforcement process while the creditor's death doesn't?
A deceased debtor's property passes into an estate administered under probate law, which has its own procedures for creditor claims — a different framework than the levy and execution mechanics this title provides for a living debtor.
Does this section describe how to make a claim against the estate?
No. Section 686.020 only establishes that the Probate Code, not this title, governs enforcement once the debtor has died; the applicable Probate Code provisions set out the actual claims process.
Amendment History
Amended by Stats. 1989, Ch. 1416, Sec. 21.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: judgment debtor dies californiaprobate code enforcement judgmentestate judgment collection california