815.14.Execution after debtor’s death.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
Full Text of Section 815.14
Plain-English Summary
Section 815.14 sets the timeline for executing on a judgment after the debtor has died. A full year must pass from the debtor’s death before execution can issue, and even then it reaches only property on which the judgment was already a lien at the time of death. When those conditions are met, the execution proceeds in the same manner and with the same effect as if the debtor were still living.
The one-year wait is not automatic once it expires — the section requires an order, made upon sufficient cause shown, before that later execution can issue. That extra step gives a court a chance to confirm the execution is warranted before property tied to a deceased debtor is reached.
The section treats joint debtors differently. If the judgment ran against the deceased debtor and others jointly, execution may issue against the surviving judgment debtors without delay, since their liability does not depend on working through the deceased debtor’s estate.
Frequently Asked Questions
How long must a creditor wait after a judgment debtor’s death before executing on the debtor’s property?
One year from the debtor’s death, under section 815.14.
Can execution issue automatically once the year has passed?
No. Section 815.14 requires an order, made upon sufficient cause shown, before that execution can issue.
What property can this later execution reach?
Only property on which the judgment was already a lien at the time of the debtor’s death.
If the judgment was against the deceased and other debtors jointly, must the creditor wait a year to collect from the survivors?
No. Section 815.14 allows execution against surviving judgment debtors without delay.
Does the execution work the same way as if the debtor had not died?
Yes. The section states it may be executed in the same manner and with the same effect as if the debtor were still living.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.14; 1993 a. 486.