When the authority of a sheriff to whom a writ of execution has been delivered has been terminated before the sheriff has performed all of the duties in executing the writ, other than acknowledgment of a deed executed by the sheriff, such other duties as have not been performed shall be performed by the sheriff’s successor or other person authorized by law to perform the duties of the sheriff.
Rule 76.24.Duties of Sheriff to be Performed by Successor.
Part I · Rule 76: Executions · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 76.24 provides that when a sheriff's authority ends before all duties on a writ of execution are finished, the sheriff's successor or another person authorized by law must complete whatever remains, apart from acknowledging a deed the original sheriff already executed.
Full Text of Rule 76.24
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is substantially the same as prior Rules 76.54, 76.55, 76.56, 76.57 and 76.58.
Plain-English Summary
Executions can take weeks or months to complete, and sheriffs do not always stay in office that long — terms end, vacancies occur, successors take over. Rule 76.24 makes sure an execution in progress does not stall out because the sheriff who started it is no longer in the position.
The rule directs that whatever duties remain unfinished on the writ get picked up by the sheriff's successor, or by whoever else the law authorizes to perform the sheriff's duties. This keeps the execution moving toward completion regardless of turnover in the office.
There is one specific carve-out: acknowledgment of a deed the original sheriff already executed does not pass to the successor. That makes sense given Rule 76.23's separate procedure for proving a deed in court when the original sheriff cannot personally acknowledge it — the rule already has an answer for that particular gap, so it is excluded from the general successor-duty rule here.
Frequently Asked Questions
What happens if a sheriff's term ends before an execution is complete?
The remaining duties are performed by the sheriff's successor or another person authorized by law to perform the sheriff's duties.
Does the successor have to acknowledge a deed the original sheriff already executed?
No. Acknowledgment of a deed already executed by the sheriff is specifically excluded from the duties passed to the successor.
Why is deed acknowledgment treated differently?
Because Rule 76.23 already provides a separate way to prove a deed in court when the sheriff who executed it cannot personally acknowledge it, that situation does not need the successor-duty mechanism.
Who besides an elected successor might complete the remaining duties?
Any other person authorized by law to perform the duties of the sheriff, not only an elected or appointed successor sheriff.
Does this rule require restarting the execution process from scratch?
No. It contemplates the successor picking up and completing whatever duties on the existing writ remain unperformed.
What kinds of duties might remain incomplete when a sheriff's authority ends?
Any step in executing the writ that had not yet been performed, such as completing a levy, conducting a sale, or delivering property or documents to a purchaser.
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: successor sherifftransfer of execution dutiessheriff vacancycompleting unfinished execution duties