What does an executor do if a beneficiary can't be found?

Let's say an executor has probated the deceased's Will and has begun to distribute the specific gifts made in the Will. One of the beneficiaries, let's call her Sharon, is supposed to receive the sum of $5,000 and her grandmother's jewelry. The executor can't find Sharon and nobody seems to know where she is. What should an executor do? What happens to the money and the jewelry?

The executor should turn first to the Will. Does it say anything about what to do in this situation? If Sharon hadn't been seen in years, her grandmother might have anticipated this would happen. Knowing that Sharon might not be found, her grandmother might have put a time limit on looking for her, and named someone else to receive the property.

Assuming that the Will doesn't say anything like that, the executor must make "reasonable efforts" to find Sharon. The specific methods used by executors will obviously vary depending on the circumstances but some of the most common methods are:

• putting a notice in the paper in an area where Sharon once lived


• asking around and putting up notices in places where Sharon might be expected to show up, such as church, union hall, etc.


• contacting former employers, boyfriends, teachers, co-workers etc


• checking social media like Facebook, MySpace etc

If there are any costs incurred in taking these steps, such as the cost of a newspaper notice, that can be taken out of Sharon's money.

If Sharon still can't be found within a reasonable time (a year is pretty standard), the executor can choose to put Sharon's property aside and hold it for her. In a case like this, the jewelry should be kept in a safe deposit box with a copy of the Will and an explanatory note showing that this is the jewelry Sharon was supposed to inherit.

An executor might also choose to deliver Sharon's inheritance to the Office of the Public Trustee, which is empowered to hold unclaimed property in this situation. Depending on the situation, the Public Trustee might publish a notice to Sharon, or might bring an application to have her pronounced dead, or might do neither of those things. They will hold the property for quite a long time (in Alberta, it's 10 years). Sharon can claim her inheritance from them at any time if she shows up. If not, the Public Trustee might eventually sell the jewelry and transfer the whole inheritance into its general revenue.

The advantage to the executor of delivering the inheritance to the Public Trustee is that the executor can close off the estate and not have this one thing hanging on forever. The executor can reassure the beneficiaries and the family that the executor hasn't just kept Sharon's inheritance for him/herself. It is up to each individual executor to decide what is best in each situation.