If the person who would be entitled to a deed of real estate sold on execution dies before the delivery of that deed, the sheriff shall execute a deed to the decedent’s personal representative who shall either hold the real estate in trust for the use of the heirs or devisees of the decedent, subject to the surviving spouse’s right to elect under s. 861.02 (1), or sell the real estate for the payment of debts in the same manner as lands owned by the decedent.
815.56.Sheriff’s deed; grantee if purchaser dead.
Ch. 815: Executions · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 815.56 has the sheriff deed execution-sale property to the personal representative of a deceased purchaser when the purchaser dies before receiving the deed, so the representative can hold it for the heirs or sell it to pay debts.
Full Text of Section 815.56
Plain-English Summary
Section 815.55 lets the sheriff execute a deed once the redemption period has run, but the person entitled to that deed does not always live to receive it. Section 815.56 covers that gap: if the person who would be entitled to a deed of execution-sale real estate dies before delivery, the sheriff instead deeds the property to the decedent’s personal representative.
The personal representative then has two options. The representative can hold the real estate in trust for the heirs or devisees, subject to the surviving spouse’s right to elect a share under section 861.02(1), or the representative can sell the real estate to pay the decedent’s debts, following the same process used to sell any other land the decedent owned.
Frequently Asked Questions
What happens if the person who bought property at an execution sale dies before getting the deed?
Section 815.56 requires the sheriff to execute the deed to the decedent’s personal representative instead of the deceased purchaser.
What can the personal representative do with the property once the deed is issued?
Section 815.56 lets the personal representative either hold the real estate in trust for the decedent’s heirs or devisees, or sell it to pay the decedent’s debts, in the same manner as other land the decedent owned.
Does the surviving spouse have any claim to the property under this section?
Yes. Section 815.56 makes the personal representative’s trust arrangement for the heirs or devisees subject to the surviving spouse’s right to elect under section 861.02(1).
Does this section apply if the purchaser dies after receiving the deed?
No. Section 815.56 applies specifically when the purchaser dies before delivery of the deed; it does not address what happens after delivery has already occurred.
Can the personal representative sell the property without following any particular procedure?
Section 815.56 requires the sale to follow the same manner as lands owned by the decedent, rather than setting out a separate procedure just for execution-sale property.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); 1975 c. 94 s. 91 (5); 1975 c. 199; Stats. 1975 s. 815.56; 1983 a. 186; 1985 a. 37; 1987 a. 393 s. 53; 1997 a. 188; 2001 a. 102.
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 purchaser dies before deed deliveredsheriff’s deed to personal representative wisconsinexecution sale purchaser death wisconsinsurviving spouse election execution sale property