Section 5208. Enforcement after death of judgment debtor; leave of court; extension of lien  


Latest version.
  • Except where otherwise prescribed by law, after  the
      death of a judgment debtor, an execution upon a money judgment shall not
      be  levied  upon any debt owed to him or any property in which be has an
      interest, nor shall any other enforcement procedure be  undertaken  with
      respect  to  such debt or property, except upon leave of the surrogate's
      court which granted letters testamentary or  letters  of  administration
      upon  the  estate. If such letters have not been granted within eighteen
      months after the death, leave to issue such an  execution  or  undertake
      such enforcement procedure may thereafter be granted, upon motion of the
      judgment  creditor  upon  such  notice  as the court may require, by any
      court from which the execution could issue or in which  the  enforcement
      procedure  could  be  commenced.  A  judgment lien existing against real
      property at the time of a judgment debtor's death shall expire two years
      thereafter or ten years after filing of the judgment-roll, whichever  is
      later.