If any sheriff shall die or be removed from office before the execution be returned, the deceased sheriff’s undersheriff or deputy shall proceed thereon in the same manner as the sheriff might have done.
815.17.Execution; who acts on sheriff’s death or removal.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 815.17 lets the undersheriff or deputy of a sheriff who dies or is removed from office before returning an execution proceed on that execution just as the sheriff could have.
Full Text of Section 815.17
Plain-English Summary
Section 815.17 keeps an execution moving even if the officer holding it does not remain in office long enough to finish. If a sheriff dies or is removed from office before the execution is returned, the deceased or removed sheriff’s undersheriff or deputy takes over and proceeds on the execution in the same manner the sheriff might have done.
The section covers both circumstances that could interrupt a sheriff’s tenure mid-execution — death and removal from office — and treats them the same way, letting the successor continue the pending execution without a new writ or fresh authorization.
Frequently Asked Questions
What happens to a pending execution if the sheriff dies before it’s returned?
Section 815.17 lets the deceased sheriff’s undersheriff or deputy proceed on it in the same manner the sheriff might have done.
Does removal from office trigger the same rule as death?
Yes. Section 815.17 applies whether the sheriff dies or is removed from office before the execution is returned.
Who specifically steps in to complete the execution?
The deceased or removed sheriff’s undersheriff or deputy.
Does the successor have the same authority the original sheriff had?
Yes. The section allows the undersheriff or deputy to proceed “in the same manner as the sheriff might have done.”
Does this section require a new writ to be issued to the undersheriff or deputy?
No. The section lets the undersheriff or deputy continue on the existing execution rather than requiring a new writ to be issued.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.17; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin sheriff dies during executiondeputy completes execution wisconsinwis stat 815.17sheriff removed from office execution wisconsinundersheriff authority to complete execution wisconsin