Where’s the Heir? Action Items for Locating Beneficiaries

As an estate executor, one is required to conduct a search for a decedent’s heirs and beneficiaries. This process can present certain challenges, especially if there is no surviving spouse or close family members who may be able to provide this information. To locate these heirs, the executor must make “reasonably diligent efforts.” But what will the court consider “reasonable”?

This can vary in every case but, by following the below list, executors can provide the court with a degree of certainty that “reasonable” efforts have been completed.

1. Contacting parties who may be aware of the beneficiary’s location. This includes the decedent’s relatives as well as relations of the beneficiaries—such as friends, acquaintances, and even current and former employers.

2. Reviewing listing and directories, such as city and telephone directories and telephone assistance.

3. Searches related to beneficiaries the last known address. This may include a review of the real and personal property index in the county of the beneficiary’s last-known address.

4. Use of private investigation services or other private companies who review public records and search for individuals. A number of these services can provide online services.

Regardless of how they conduct the search, an executor is required to locate beneficiaries or assure the court that they have completed a “reasonably diligent effort” to locate them. By completing the above methods, the executor can have a higher degree of confidence that the court will be satisfied that these efforts have been completed.