Upon the entry of any final finding and decree as provided in s. 813.26, the court shall proceed to wind up the receivership and terminate the proceedings:
813.28.Termination of receivership and disposition of property of absentee.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 2009 · Last verified July 15, 2026
In one sentenceSection 813.28 tells the court how to wind up an absentee’s receivership after a final finding under section 813.26, whether by certifying the case to the proper court after a death finding or by setting aside insurance-fund money before distributing what remains, and in either case by discharging the receiver.
Full Text of Section 813.28
(a) By satisfying all outstanding debts and charges of the receivership; and
(b) By then certifying the proceedings to the proper court; or
(2) In the case of a finding under s. 813.26 (2): (a) By satisfying all outstanding debts and charges; (b) By then deducting for the insurance fund provided in s. 813.31 a sum equal to 5 percent of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee’s life; (c) By distributing the remaining property as provided in s. 813.29; and
(3) In both cases by requiring the receiver’s account and upon its approval discharging the receiver and the receiver’s bondsmen and entering a final decree terminating the receivership.
Plain-English Summary
Once the court enters a final finding and decree under section 813.26, section 813.28 directs how the receivership gets wound up and the proceedings terminated. The path depends on which finding was made.
If the finding was that the absentee is dead under section 813.26 (1), the court satisfies all outstanding debts and charges of the receivership and then certifies the proceedings to the proper court for estate administration.
If the finding was the five-year absence finding under section 813.26 (2), the court instead satisfies all outstanding debts and charges, deducts a sum equal to 5 percent of the total remaining property value, including amounts the receivership received from life insurance policies on the absentee, to fund the absentee insurance fund under section 813.31, and distributes the remaining property as section 813.29 directs.
In both cases, the court requires and approves the receiver’s account, discharges the receiver and the receiver’s bondsmen, and enters a final decree terminating the receivership.
Frequently Asked Questions
What triggers the winding-up process described in this section?
Entry of a final finding and decree under section 813.26, either that the absentee is dead or that the absentee’s property interest has ceased after five years.
What happens to the receivership when the court finds the absentee is dead?
The court satisfies outstanding debts and charges of the receivership and then certifies the proceedings to the proper court for administration of the decedent’s estate.
What happens to the receivership when the court finds the absentee’s interest has ceased after five years?
The court satisfies outstanding debts and charges, sets aside 5 percent of the remaining property value for the absentee insurance fund, and distributes the rest under section 813.29.
Why does 5 percent of the property get set aside in the five-year-absence scenario?
That deduction funds the absentee insurance fund under section 813.31, which exists to provide reimbursement if the absentee later reappears.
What must happen before the receiver is discharged?
The court must require and approve the receiver’s account before discharging the receiver and the receiver’s bondsmen and entering a final decree terminating the receivership.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.28; 1993 a. 486; 2009 a. 177.
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 wind up absentee receivershipabsentee insurance fund deduction wisconsinclose absentee receivership wisconsinreceiver discharge absentee property wisconsin