If the sheriff who made a sale of land dies, departs from the state or becomes otherwise incapacitated to report or to execute the deed, such report may be made by the undersheriff, a deputy sheriff, or by any party to the action, by affidavit; and such deed may be executed by the clerk on ex parte order of the court.
840.17.Judicial sale; report if sheriff incapacitated.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.17 keeps a judicial sale from stalling when the sheriff who conducted it dies, leaves the state, or otherwise cannot finish the paperwork, by letting the undersheriff, a deputy, or a party report the sale by affidavit and letting the clerk execute the deed on an ex parte court order.
Full Text of Section 840.17
Plain-English Summary
Section 840.17 covers what happens when the sheriff who made a land sale cannot see it through to the end. If that sheriff dies, departs from the state, or otherwise becomes incapacitated to report the sale or execute the deed, the report may instead be made by the undersheriff, a deputy sheriff, or any party to the action, by affidavit.
The deed itself does not have to wait for a new sheriff to take office. It may be executed by the clerk, on an ex parte order of the court, so the sale can be completed without a full hearing on notice.
Frequently Asked Questions
What happens if the sheriff who ran the sale dies before completing the paperwork?
Section 840.17 lets the undersheriff, a deputy sheriff, or any party to the action report the sale by affidavit instead.
Who can execute the deed if the sheriff cannot?
The clerk, on an ex parte order of the court.
Does the sheriff have to remain in Wisconsin for the sale to be completed?
No. Departure from the state is one of the events this section covers, along with death or other incapacity to report or execute the deed.
Is a hearing with notice required to get the clerk to execute the deed in this situation?
No. The section provides for an ex parte order of the court.
What triggers this section instead of the original sheriff finishing the deed personally?
The sheriff’s death, departure from the state, or otherwise becoming incapacitated to report the sale or execute the deed.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.17.
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 judicial sale deedex parte order sheriff deed wisconsinwho reports sale if sheriff incapacitateddeputy sheriff affidavit judicial sale