This appeal involves the enforcement of the same judgment entered in favor of Prytz against Silva which was before the District Court of Appeal, Third Appellate Dis *2 trict, in Silva v. Superior Court, 83 Cal.App.2d 521 [ 189 P.2d 314 ]. A money judgment was entered on June 3, 1940, in favor of Prytz and against Silva and others. On July 4, 1942, Silva died. No proceedings to probate the decedent Silva’s estate were commenced until November, 1946, when on petition of certain creditors of Silva, Margaret Buckmaster was appointed administratrix of his estate. Respondent, within the time required by law, filed a creditor’s claim based on the aforesaid judgment which was approved by the administratrix. Thereafter on May 26, 1947, respondent filed in the' Superior Court of Alameda County, in which his judgment had been secured, a notice of motion for an order granting him leave to enforce his judgment against the estate of Silva. This motion was granted on July 1, 1947, and it is from the order granting this motion that this appeal is taken.

Section 685, Code of Civil Procedure, under which the motion was made, provides in its first paragraph:

It appeared from the affidavit in support of the motion that Silva had died on July 4, 1942, and that no personal representative of his estate had been appointed until the appointment of Margaret Buckmaster as administratrix on November 14, 1946. These facts sufficiently support the order appealed from as may be gathered from the opinion of the court in Silva v. Superior Court, supra, 83 Cal.App.2d 521 . The court in that case said at page 527:

The fact, as noted by that court in the passage just quoted, that the judgment of Prytz was not outlawed and the time to commence suit thereon was extended by Silva’s death “for one year after letters of administration were issued in his estate,” sufficiently set forth “the reasons for failure to proceed in compliance with the provisions of section 681 of this code” as required to support such motion by Code of Civil Procedure, section 685.

Section 681, Code of Civil Procedure, provides for the issuance of execution upon any judgment “within five years after the entry thereof” and then provides further that if “the issuing of execution thereon is stayed ... by operation of law, the time during which it is so stayed . .. must be excluded from the computation of the five years within which execution may issue.”

Upon the death of Silva in 1942 it was impossible “by operation of law” to have execution issued on the judgment against him. The only legal method of enforcing the judgment against his estate thereafter was pursuant to the provisions of the Probate Code by the filing of a claim and if it was rejected by suit thereon. No burden was placed on the judgment creditor to procure the appointment of an administrator of Silva’s estate. On the contrary section 353, Code of Civil Procedure, referred to by the court in the passage quoted from Silva v. Superior Court, supra, tolled the running of the statute of limitations on respondent’s judgment by making it continue to be enforceable “within one year after the issuing of letters testamentary or of administration.” The motion was made within this one-year period and was therefore properly granted. As the court said in Silva v. Superior Court, supra, 83 Cal.App.2d at page 529 :

Order affirmed.

Nourse, P. J., and Goodell, J., concurred.