(1) At any time, during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee’s death, the court may make a final finding and decree that the absentee is dead; in which event the decree and a transcript of all of the receivership proceedings shall be certified to the proper court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes set forth in s. 813.28 (1) and (3).
813.26.Final hearing and finding.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 813.26 lets a court decree an absentee dead once satisfactory death evidence is presented, or, after five years without the absentee appearing, decree that the property interest has ended and passed to others, and lets the receivership close early once a qualifying power of attorney is recorded.
Full Text of Section 813.26
(2) After the lapse of 5 years from the date of the finding provided for in s. 813.23 (1), if the absentee has not appeared, the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee’s property has ceased and devolved upon others by reason of the absentee’s failure to appear and make claim.
(3) At any time, upon proof to the court that a power of attorney has been recorded as provided by s. 813.23 (1) (b), the court shall direct termination of the receivership proceedings and transfer of property held thereunder to the person in military service or to the attorney named in such power of attorney upon payment of reasonable expenses and compensation of the receiver in the discretion of the court.
Plain-English Summary
Section 813.26 gives the receivership court in an absentee proceeding three separate ways to reach a final resolution. At any time during the proceedings, on application and satisfactory evidence of the absentee’s death, the court may make a final finding and decree that the absentee is dead. That decree, along with a transcript of the receivership proceedings, is certified to the proper court for any administration the law requires over a decedent’s estate, and the receivership court proceeds no further except for limited purposes tied to closing out the receivership under section 813.28.
If the absentee has not appeared five years after the date the court fixed under section 813.23 (1) as when the absentee was last heard of, the court may instead take further evidence and enter a final finding and decree that all of the absentee’s interest in the property has ceased and passed to others because the absentee failed to appear and make a claim.
Separately, if proof surfaces at any time that a power of attorney has been recorded as section 813.23 (1) (b) describes, for a person in military service, the court must end the receivership proceedings and transfer the property to that person or to the named attorney-in-fact, once the receiver’s reasonable expenses and compensation are paid.
Frequently Asked Questions
How does a Wisconsin court declare an absentee legally dead under this section?
On application and presentation of satisfactory evidence of death, at any point during the receivership proceedings, the court may make a final finding and decree that the absentee is dead.
How long must an absentee stay missing before the court can decide the absentee’s property interest has ended?
Five years after the date the court found, under section 813.23 (1), that the absentee was last heard of, if the absentee still has not appeared.
What happens to the receivership once the court decrees the absentee is dead?
The decree and a transcript of the receivership proceedings are certified to the proper court for estate administration, and the receivership court proceeds no further except for the limited closing-out purposes described in section 813.28 (1) and (3).
Can the receivership end early for a military absentee?
Yes. If proof shows a qualifying power of attorney was recorded under section 813.23 (1) (b), the court must terminate the receivership and transfer the property to the person or the named attorney-in-fact, after paying the receiver’s reasonable expenses and compensation.
What happens to unclaimed property once the court finds the absentee’s interest has ceased?
Section 813.26 itself decrees only that the absentee’s interest has ceased and devolved on others; how that property is then wound up and distributed is addressed in sections 813.28 and 813.29.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.26; 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 declare person legally deadfive year absentee property wisconsinabsentee receivership final finding wisconsinmilitary absentee power of attorney wisconsin