If the judgment creditor dies before satisfaction of the judgment, an execution may be issued by the judgment creditor’s attorney of record in the name of the decedent or in the name of the judgment creditor’s personal representative. Before an execution shall issue in the name of a personal representative, the personal representative shall file with the clerk a copy of the letters testamentary or other letters authorizing the administration of the decedent’s estate, which the clerk shall file with the other papers in the action or proceeding. The clerk shall also enter at the foot of the judgment, in the judgment record, the fact of the death of the judgment creditor and the name and date of appointment of the personal representative. The moneys collected on the judgment shall be paid to the judgment creditor’s personal representative, but if there is no personal representative, the moneys collected on the judgment shall be paid to the clerk of the court.
815.15.Execution after judgment creditor’s death.
Ch. 815: Executions · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 815.15 lets a judgment creditor’s attorney of record issue execution after the creditor dies, either in the decedent’s name or, once letters testamentary or similar letters are filed with the clerk, in the personal representative’s name, and directs where the money collected on the judgment goes.
Full Text of Section 815.15
Plain-English Summary
Section 815.15 keeps a judgment enforceable even after the person who won it has died. If the judgment creditor dies before the judgment is satisfied, an execution may be issued by the judgment creditor’s attorney of record, either in the name of the decedent or in the name of the judgment creditor’s personal representative.
Before an execution can issue in the personal representative’s name, that representative must file with the clerk a copy of the letters testamentary or other letters authorizing administration of the decedent’s estate. The clerk files that document with the other papers in the case and also enters, at the foot of the judgment in the judgment record, the fact of the creditor’s death along with the personal representative’s name and date of appointment.
The section also directs where collected money goes: to the judgment creditor’s personal representative if there is one, and to the clerk of court if there is not.
Frequently Asked Questions
Who can issue an execution after the judgment creditor has died but before the judgment is satisfied?
The judgment creditor’s attorney of record, issuing it in the name of the decedent or of the decedent’s personal representative.
What must happen before an execution can issue in the personal representative’s name?
The personal representative must file with the clerk a copy of the letters testamentary or other letters authorizing administration of the decedent’s estate.
What does the clerk do with those letters and the fact of the creditor’s death?
The clerk files the letters with the other papers in the action and enters, at the foot of the judgment in the judgment record, the death of the judgment creditor and the name and appointment date of the personal representative.
Where does the money collected on the judgment go?
To the judgment creditor’s personal representative, or, if there is none, to the clerk of court.
Does the attorney need new authority to act after the creditor’s death?
The section itself does not require a separate appointment for the attorney; it lets the attorney of record issue the execution in the decedent’s or the personal representative’s name.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.15; 1983 a. 302 s. 8; 1993 a. 486; 2001 a. 102.
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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