If there is a judgment against a deceased person whose estate has not been administered, an execution may be issued against his heirs to seize any property which belonged to the decedent at the time of his death.
Rule 76.03.Execution Against Heirs.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.03 allows a creditor holding a judgment against someone who has died to execute against that person's heirs in order to reach property the deceased owned at death, when the estate has not been administered.
Full Text of Rule 76.03
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 76.03.
Plain-English Summary
Normally a judgment debtor's death sends creditors into probate court, where an estate's administrator handles claims. Rule 76.03 covers the gap that opens when no one has administered the estate at all. In that situation, the rule lets a judgment creditor issue an execution directly against the deceased debtor's heirs, reaching property that belonged to the decedent at the moment of death.
The rule exists to prevent a debtor's death, combined with family inaction on the estate, from quietly discharging a debt. Heirs who inherit property take it subject to the judgment that already attached, and the creditor should not have to wait indefinitely for someone to open an estate before collecting.
This is a narrow tool. It applies only when the estate remains unadministered, and it reaches only property the decedent owned at death — not property the heirs later acquired on their own. Once an estate is opened and an administrator appointed, the ordinary probate claims process typically takes over.
Frequently Asked Questions
What does 'estate has not been administered' mean?
It means no personal representative has been appointed to manage the decedent's estate in probate. Rule 76.03 fills that gap by letting the creditor pursue the heirs directly.
Whose property can be reached under this rule?
Only property that belonged to the decedent at the time of death. The rule does not reach property the heirs owned independently before inheriting.
Does this rule require a new lawsuit against the heirs?
No. It authorizes execution on the existing judgment against the deceased person's property now held by the heirs, rather than requiring the creditor to sue the heirs from scratch.
What if an estate is later opened?
Once an estate is administered, claims against the decedent generally proceed through the probate claims process rather than through direct execution against heirs.
How does this rule relate to the general application for execution?
The creditor still starts with an application for execution under Rule 76.01; Rule 76.03 authorizes directing that execution against the heirs' inherited property under these specific circumstances.
Can the sheriff levy on this type of execution the same way as any other?
Yes. Once issued, the execution is levied under the same procedures set out elsewhere in Rule 76, including the levy methods in Rule 76.06.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: execution against heirsdeceased judgment debtorunadministered estateinherited property execution