If any defendant whose property is attached shall die and the judgment is in favor of the plaintiff, the property attached shall be applied to the payment of the judgment and execution may be issued on such judgment and satisfied out of the property so attached in the same manner as if such defendant were living.
811.25.Execution after defendant’s death.
Ch. 811: Attachment · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 811.25 keeps an attachment case alive after the defendant dies, allowing the attached property to be applied to a plaintiff’s judgment and letting execution issue against it the same as if the defendant were still living.
Full Text of Section 811.25
Plain-English Summary
Death can otherwise complicate a pending lawsuit, but Section 811.25 makes sure it does not undo an attachment already in place. If a defendant whose property has been attached dies, and the plaintiff ultimately wins the judgment, the attached property still gets applied to pay that judgment.
The section does more than preserve the attachment: it allows execution to issue on the judgment and be satisfied out of the attached property in the same manner as if the defendant had lived to see the case through. The plaintiff who secured the attachment before death does not lose the benefit of it because the defendant did not survive the litigation.
Frequently Asked Questions
What happens to attached property if the defendant dies before the case is over?
If the plaintiff ultimately recovers judgment, Section 811.25 requires the attached property to be applied to payment of that judgment, and execution may issue against it, the same as if the defendant were still living.
Does the defendant’s death end the attachment?
No. Section 811.25 keeps the attachment in effect for purposes of satisfying a judgment the plaintiff goes on to win.
Can execution still be issued on a judgment against a deceased defendant’s attached property?
Yes. The section allows execution to be issued on the judgment and satisfied out of the attached property just as it would be if the defendant were living.
Does this section apply if the plaintiff loses the case?
No. The section applies only when the judgment is in favor of the plaintiff; it does not address what happens to the attachment if the defendant’s side ultimately prevails.
Does the plaintiff need to do anything differently to collect from a deceased defendant’s attached property?
The section does not require any different procedure; it directs that the attached property be applied and execution issued in the same manner as if the defendant had lived.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.25.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: defendant dies during attachment case wisconsinexecution against attached property after deathattachment survives defendant’s death wisconsincollecting judgment from deceased defendant’s attached property