813.23.Receiver may be appointed when.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 813.23 lets an interested party ask a circuit court to appoint a receiver over the property of a person who has disappeared after diligent inquiry, or a service member stationed away without a recorded power of attorney, once notice and good cause are shown.

Full Text of Section 813.23

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(1)

(a) When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person’s place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the circuit court of the county of the absentee’s domicile by any person who would have an interest in said property were said absentee deceased or by an insurer or surety or creditor of such absentee, after notice as provided in s. 813.24, and upon good cause being shown, the court may find that the absentee was last heard of as of a date certain and may appoint a receiver to take charge of the absentee’s estate. The absentee shall be made a party to said proceeding; and any other person who would have an interest in said property were said absentee deceased, upon direction by the court, may be made a party to said proceeding.

(b) When a person is a member of the armed forces of the United States without this state, or is serving as a merchant seaman outside of the limits of the United States included within the 50 states and the District of Columbia, or is outside such limits by permission, assignment or direction of any department or official of the United States government in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged, and has an interest in any form of property in this state and no adequate power of attorney on his or her behalf has been recorded in the office of the register of deeds of the county of his or her domicile or of the county where such property is situated, upon application for findings establishing the foregoing and the necessity for appointment of a receiver, to the circuit court of the county of such person’s domicile or of the county where such property is situated, by any person who would have an interest in said property were such person deceased, or by an insurer or surety or creditor of such person, or by any other person or on the court’s own motion, after notice as provided in s. 813.24, and upon good cause being shown, the court may, on making such findings, appoint a receiver to take charge of such person’s estate. Such person should be made a party to such proceedings; and any other person who would have an interest in said property were said person deceased, upon direction by the court, may be made a party to said proceedings. Such person shall be deemed an “absentee” within the meaning of ss. 813.23 to 813.34.

(2)

(a) The receiver, upon giving bond to be fixed in amount and with surety to be approved by the court and upon such conditions as will insure the conservation of such property, shall under the direction of said court administer said property as an equity receivership with power:

1. To take possession of all property of the absentee wherever situated.

2. To collect all debts due the absentee.

3. To bring and defend suits.

4. To pay insurance premiums.

5. With the approval of the court in each case, to pay all debts due by the absentee.

6. To pay over the proceeds of such part or all of said property, or the income thereof as may be necessary for the maintenance and support of the absentee’s dependents.

(b) If the personal property of the absentee is not sufficient to pay all of the absentee’s debts, and to provide for the maintenance and support of the absentee’s dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor; said sale or mortgage to be reported to, approved and confirmed by the court and said receiver to be ordered to make deed conveying or mortgaging said real property to the purchaser or lender upon the purchaser’s or lender’s complying with the terms of sale or mortgage.

(3) Upon the filing of the application referred to in sub. (1), the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court. Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver’s possession, less such as may be necessary to cover the temporary receiver’s expenses and compensation as allowed by the court, to the permanent receiver, shall file the temporary receiver’s final account and upon its approval be discharged. Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained, all property in the temporary receiver’s possession, less such only as may be necessary to cover the temporary receiver’s expenses and compensation as allowed by the court, shall file the temporary receiver’s final account and be discharged. Where the application is denied, the expenses of the temporary receivership and the compensation of the temporary receiver may in the discretion of the court be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant.

End

Plain-English Summary

Section 813.23 covers two related situations. The first is a Wisconsin-domiciled person who disappears and cannot be located after diligent inquiry: a person who would inherit the property if the absentee were dead, or an insurer, surety, or creditor of the absentee, may apply to the circuit court of the absentee’s home county. After notice under section 813.24 and a showing of good cause, the court can find the date the absentee was last heard of and appoint a receiver to take charge of the absentee’s estate; the absentee is made a party to the proceeding, and anyone else who would have an interest in the property may be added as a party if the court so directs.

The second situation covers a member of the armed forces stationed outside Wisconsin, a merchant seaman outside the United States, or someone away by government direction connected to a war effort, who has Wisconsin property but no adequate power of attorney recorded in the county where the property or the person’s domicile sits. The same categories of applicants, or the court on its own motion, can seek similar findings and a receiver appointment, and the statute deems that person an “absentee” for purposes of sections 813.23 through 813.34.

Once appointed, the receiver administers the property as an equity receivership under the court’s direction, after giving bond: taking possession of the absentee’s property wherever located, collecting debts owed to the absentee, bringing and defending suits, paying insurance premiums, paying the absentee’s debts with court approval, and paying proceeds or income needed to support the absentee’s dependents. If personal property is not enough to cover the absentee’s debts and dependents’ support, the receiver may ask the court for permission to sell or mortgage real estate, subject to court approval and confirmation.

Before any of that happens, the court may appoint a temporary receiver on a showing of cause, to conserve the property while the application is pending, with a bond and only the powers the court names. If a permanent receiver is later appointed, the temporary receiver turns over the property, less allowed expenses and compensation, and is discharged; if the application is denied instead, the temporary receiver restores the property on the same terms, and the court may tax the temporary receivership’s expenses and compensation as costs against the applicant.

Frequently Asked Questions

Who can ask a Wisconsin court to appoint a receiver for a missing person’s property?

A person who would have an interest in the property if the absentee were deceased, or an insurer, surety, or creditor of the absentee, may apply, after notice and a showing of good cause.

Does this section cover service members stationed away from home?

Yes. It also covers a member of the armed forces outside Wisconsin, a merchant seaman outside the United States, or a person away on government direction connected to a war, who has Wisconsin property and no adequate recorded power of attorney.

What can a receiver appointed under this section do with the absentee’s property?

The receiver may take possession of it wherever situated, collect debts owed the absentee, bring and defend suits, pay insurance premiums and, with court approval, the absentee’s debts, and pay proceeds for the support of the absentee’s dependents.

Can a court appoint someone to manage the property while the disappearance is still being investigated?

Yes. The court may appoint a temporary receiver, on a showing of cause, to take charge of and conserve the property pending a hearing on the application.

What happens to a temporary receiver if the court denies the request for a permanent one?

The temporary receiver must restore the property, less expenses and compensation the court allows, file a final account, and be discharged, and the court may tax the temporary receivership’s costs against the applicant.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.23; 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 missing person receiverabsentee property receivership wisconsinservice member property receiver wisconsinappoint receiver for disappeared person wisconsin