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The Search for a Missing Beneficiary of a California Probated Estate

Years may pass between the moment a will has been created and the creator's death. In the meantime, much information may have been lost due to neglect or a lack of communication. The decedent's heirs and beneficiaries, when informed of the will's instructions, may be surprised to hear the name of a beneficiary no one has heard about in decades and who may be hard to trace.

After the most obvious search has produced no results, the executor may be at a loss: how much time and money should be dedicated to a further search effort? Who can help, and what should be done if the beneficiary remains "missing?"

The first thing the executor might do is to prepare and send a Declaration of Due Diligence to inform the court what has been done to locate the missing person. This declaration should state the person's name, gender, approximate age, last known address, and approximate date when the person was known to live there. The process of due diligence requires the executor to look at the obvious sources of information, such as relatives, friends, employers, telephone directories, and the internet. Additional information should be collected from the assessor's office in the county of the person's last known residence.

Based on this declaration, the court will decide whether the executor has done his duty to find the person or may instruct him or her to take further steps.

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