(a) Contents of Deed. The deed of the sheriff who has sold real estate or a lease for more than three years shall contain the names of the parties to the execution, the description of the property and the time, place, and manner of sale. The deed shall be prepared at the cost of the purchaser at the sale.
Rule 76.23.Deed for Real Estate Sold Under Execution.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.23 spells out what a sheriff's deed for real estate sold under execution must contain, requires the sheriff to acknowledge the deed in the circuit court where the sale was held, and requires the clerk to certify that acknowledgment.
Full Text of Rule 76.23
(b) Acknowledgment. The officer shall acknowledge his signature to the deed before the circuit court of the county in which the sale is held. If the sheriff who has sold real estate under an execution fails to acknowledge his signature in open court, such deed may be proved in court as other deeds.
(c) Certification by Clerk. The clerk of the court shall endorse upon the deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry of the acknowledgment or proof, with the names of the parties to the suit, and a description of the property conveyed.
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
Paragraph (a) is substantially the same as prior Rule 76.50. Paragraph (b) is substantially the same as prior Rule 76.51. Paragraph (c) is substantially the same as prior Rule 76.52.
Plain-English Summary
Transferring real estate through an execution sale ends with a deed, and Rule 76.23 details exactly what that deed needs and how it becomes official. The deed itself must name the parties to the execution, describe the property, and state the time, place, and manner of sale. The purchaser bears the cost of preparing it.
Beyond the deed's contents, the rule requires the sheriff to acknowledge the signature on the deed before the circuit court in the county where the sale was held. That acknowledgment is what gives the deed its formal legitimacy in the public record. If the sheriff cannot or does not acknowledge the signature in open court, the deed is not left in limbo — it can instead be proved in court the same way other deeds are proved.
Finally, the court clerk closes the loop. The clerk must endorse a certificate of the acknowledgment or proof onto the deed, under the court's seal, and make an entry recording the acknowledgment or proof, the names of the parties to the suit, and a description of the property conveyed. This creates a public, verifiable record tying the deed back to the underlying execution proceeding.
Frequently Asked Questions
What must a sheriff's deed for real estate sold under execution contain?
The names of the parties to the execution, a description of the property, and the time, place, and manner of sale.
Who pays for the deed's preparation?
The purchaser at the sale bears the cost of preparing the deed.
Where must the sheriff acknowledge the deed?
Before the circuit court of the county in which the sale was held.
What if the sheriff does not acknowledge the deed in open court?
The deed may still be proved in court in the same manner as other deeds.
What must the court clerk do once the deed is acknowledged or proved?
Endorse a certificate of the acknowledgment or proof on the deed under the court's seal, and make an entry with the names of the parties to the suit and a description of the property conveyed.
Does this rule apply to leases as well as outright sales of land?
Yes. It applies to a sheriff's deed for real estate or a lease for more than three years sold under execution.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: sheriff's deedexecution deeddeed acknowledgmentdeed certification