When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of office, such process shall be executed by his successor or successors in office.
§ 262.3.Execution of unexecuted process by sheriff’s successor
Title 4. Ministerial Officers of Courts of Justice · Chapter 1. Of Ministerial Officers Generally · Enacted 1951 · no amendments on record · Last verified July 28, 2026
In one sentence§ 262.3 provides that when process is left unexecuted, in whole or in part, because the sheriff holding it dies, resigns, or reaches the end of a term of office, the sheriff’s successor in office must carry it out.
Full Text of § 262.3
Plain-English Summary
Process does not expire just because the sheriff holding it leaves office. § 262.3 covers three ways a sheriff’s tenure can end mid-assignment — death, resignation, or the simple expiration of a term — and in each case hands the unfinished work to whoever succeeds to the office.
The rule reaches partial performance as well as total inaction: process “unexecuted, in whole or in part” at the moment of transition passes to the successor. A levy half completed does not have to start over, and a writ never touched does not need to be reissued.
For anyone relying on the sheriff’s office to enforce a judgment, this section means a change in personnel is not a reason to re-serve or refile. The duty travels with the office, not the individual who held it.
Frequently Asked Questions
What happens to a pending writ if the sheriff leaves office before finishing it?
§ 262.3 requires the sheriff’s successor in office to execute any process left unexecuted, in whole or in part, at the time of the transition.
Does this rule apply only when a sheriff dies in office?
No. § 262.3 covers death, resignation, and expiration of a term of office alike.
Does partial completion of a levy matter under this section?
§ 262.3 expressly covers process left unexecuted “in whole or in part,” so partially completed work also passes to the successor.
Do parties need to re-serve or reissue a writ when a new sheriff takes office?
No. § 262.3 transfers the duty to complete unexecuted process automatically to the successor in office.
Amendment History
Added Stats 1951 ch 655 § 14.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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