The prop- erty remaining for distribution in accordance with s. 813.28 (2) (c) shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree; or in case the absentee leaves a document which, had the absentee died, would under the laws of this state be entitled to probate as the absentee’s will, the distribution shall be according to the terms of that document as of that date. The validity and effect of the distribution of said property shall be determined by the court administering the receivership and shall be final and binding upon all persons including the absentee.
813.29.Distribution of property of absentee.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 813.29 distributes an absentee’s remaining property under Wisconsin’s intestate succession law as of the date fixed in the final finding, unless the absentee left a document that would qualify as a will, and makes the court’s distribution final and binding on everyone, including the absentee.
Full Text of Section 813.29
Plain-English Summary
Section 813.29 governs how the property remaining after the deduction in section 813.28 (2) (c) gets distributed. It goes to the people who would be entitled to it under Wisconsin’s laws of descent and distribution, as though the absentee had died intestate as of the date the court fixed in its final finding and decree. If the absentee instead left a document that, had the absentee died, would be entitled to probate as the absentee’s will, the distribution follows the terms of that document as of that same date.
The receivership court’s determination of the validity and effect of that distribution is final and binding on all persons, including the absentee, subject to the separate reimbursement route section 813.31 provides and the power-of-attorney termination option in section 813.26 (3).
Frequently Asked Questions
Who gets an absentee’s remaining property under this section?
The people who would be entitled to it under Wisconsin’s laws of descent and distribution, as though the absentee had died intestate as of the date fixed in the court’s final finding.
Does the absentee’s will matter even though the absentee has not been declared dead?
Yes. If the absentee left a document that would qualify for probate as the absentee’s will had the absentee died, distribution follows the terms of that document instead of intestate succession.
What date does the court use to figure out who inherits?
The date the court determined in its final finding and decree, treating the absentee as though intestate succession or the will took effect as of that date.
Is the court’s distribution decision final?
Yes. Section 813.29 makes the validity and effect of the distribution final and binding on all persons, including the absentee.
Is the absentee bound by a distribution made while the absentee may still be alive?
Yes, under section 813.29's own terms; the distribution is binding on all persons including the absentee, though section 813.31 provides a separate reimbursement path if the absentee reappears.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.29; 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 absentee property distributionintestate distribution absentee wisconsinabsentee will document wisconsinfinal binding distribution absentee property wisconsin