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815.14.Execution after debtor’s death.

Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 815.14 lets a judgment creditor obtain a court order, one year after a debtor’s death and on sufficient cause shown, to execute against property that was already subject to the judgment lien at the time of death, while allowing immediate execution against any surviving joint judgment debtors.

Full Text of Section 815.14

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After the expiration of one year from the death of a judgment debtor execution may be issued against any property upon which the judgment was a lien at the time of the debtor’s death, and may be executed in the same manner and with the same effect as if the debtor were still living; but no such execution shall issue except upon an order, made upon sufficient cause shown. If such judgment be against such deceased debtor and others jointly execution may issue against surviving judgment debtors without delay.

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.

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
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