813.31.Absentee insurance fund.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 2003 · Last verified July 15, 2026

In one sentenceSection 813.31 requires the receiver to pay the 5 percent set-aside from a five-year absence finding to the secretary of administration, who holds or invests it, so a reappearing absentee who claims reimbursement can ask the court to order a fair payment from that fund.

Full Text of Section 813.31

Text sizeJump to: (1) (2) (3)

(1) In each case of termination of receivership as provided in s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under s. 813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the secretary of administration.

(2) The secretary of administration shall retain or invest the funds thus paid in.

(3) If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the secretary of administration order payment to the claimant as in its opinion may be fair and adequate under the circumstances.

Plain-English Summary

Section 813.31 explains what happens to the money set aside under section 813.28 (2) (b) when a receivership terminates on a five-year absence finding. Except in cases certified to the proper court for estate administration under section 813.26 (1), the court sets aside that sum and directs the receiver to pay it to the secretary of administration.

The secretary of administration retains or invests the funds paid in. If the absentee whose estate was distributed under a final finding and judgment later appears and claims reimbursement, the court may, in a proceeding the claimant brings against the secretary of administration, order payment to the claimant in whatever amount the court considers fair and adequate under the circumstances.

Frequently Asked Questions

What happens to the 5 percent set aside from an absentee’s distributed property?

The court directs the receiver to pay it to the secretary of administration, who retains or invests the funds.

Who holds the absentee insurance fund money?

The secretary of administration, once the receiver pays it over under the court’s direction.

Can an absentee who was declared to have lost the property interest ever get compensation?

Yes. If the absentee later appears and makes a claim for reimbursement, the court may order payment from the fund in a proceeding against the secretary of administration.

How does a reappeared absentee claim reimbursement from the fund?

By bringing a proceeding as claimant against the secretary of administration, in which the court may order payment as it considers fair and adequate under the circumstances.

Does the reappeared absentee automatically get back everything that was distributed?

No. Section 813.31 leaves the amount to the court’s judgment of what is fair and adequate under the circumstances, not an automatic full recovery.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.31; 2003 a. 33.

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 insurance fundreimbursement fund reappeared absentee wisconsinsecretary of administration absentee fund wisconsinwisconsin absentee property reappearance claim