Rule 313.Against Executors, Etc.

Rule 313 routes a money judgment against an estate through probate. A judgment for the recovery of money against an executor, administrator, or guardian, in that capacity, must state that it is to be paid in the due course of administration. No execution issues on it; instead the judgment is certified to the county court sitting in matters of probate, to be enforced there under the law.

One representative is treated differently. A judgment against an executor appointed and acting under a will that dispenses with the county court's action — an independent executor — is enforced by execution against the testator's property in that executor's hands, as in other cases.