Colorado § 13-58-103 - Death of plaintiff - substitution.
Full text of Colorado Colorado Revised Statutes § 13-58-103 — Death of plaintiff - substitution., with citation guidance and answers to common questions.
§ 13-58-103. Death of plaintiff - substitution.
The collection of the judgments of courts of record shall not be delayed nor hindered by the death of the plaintiff or person in whose name the judgment exists, but the executor or administrator, as the case may be, may cause the letters testamentary or of administration to be recorded in the court in which the judgment exists, after which execution may issue and proceedings had thereon in the name of the executor or administrator as such, in the same manner that could or might be done, if the judgment exists or remains in the name and in favor of the executor or administrator in his capacity as such executor or administrator.
Source: R.S. p. 382, § 40. G.L. § 1441. G.S. § 1872. R.S. 08: § 3661. C.L. § 5959. CSA: C. 93, § 69. CRS 53: § 77-8-3. C.R.S. 1963: § 77-8-3.
ANNOTATION
The effect of this section is to make the judgment the property of the administrator. Being property it should be treated like other assets of the estate. Bright v. Schmitt, 76 Colo. 329, 231 P. 159 (1924).
Section applies only where the estate has an interest in the judgment. It is clear that this section only applies where the property in the judgment remains in the judgment plaintiff. The statute does not reach the case of a judgment plaintiff who has parted with all interest in the judgment by assignment. Christ v. Flannagan, 13 Colo. 140, 46 P. 683 (1896).
An assignee's right to execution on a judgment is not impaired by this section. Christ v. Flannagan, 23 Colo. 140, 46 P. 683 (1896).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-58-103
What does Colorado Revised Statutes § 13-58-103 cover?
Section 13-58-103 ("Death of plaintiff - substitution.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-58-103?
A common citation format is "Colorado Revised Statutes § 13-58-103" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-58-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.