When a Beneficiary Cannot Be Located
The probate process depends on finding everyone who is entitled to a share. But sometimes an heir or beneficiary simply cannot be found. They may have moved without leaving a forwarding address or lost contact with family members years ago. When heirs cannot be located, this statute tells the personal representative exactly what to do.
If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, otherwise in cash to the department of revenue for deposit, pursuant to sections 35-146 and 35-147, in the permanent school fund.
A.R.S. § 14-3914(A)The personal representative first checks whether the missing person has a court-appointed conservator. If so, the share goes to the conservator, who manages it on the missing person's behalf. If there is no conservator, the personal representative converts the share to cash. It is then sent to the Department of Revenue, where it is deposited into the state's permanent school fund. In effect, the assets escheat to the state until someone claims them.
Reclaiming the Funds Later
The money is not gone forever. If the missing person later comes forward, they can reclaim their share. The process follows the same rules used for escheated property under A.R.S. sections 12-886 and 12-887. It involves filing a claim and providing proof of identity and entitlement.
What This Means for Families
For family members trying to settle an estate, a missing heir can create a major delay. Without this statute, the estate could remain open while efforts to locate the missing person continue. State law provides a clear path to closing the estate even when someone cannot be found.
The personal representative should make good faith efforts to locate missing heirs before turning assets over to the state. This may include searching public records, contacting known relatives, and using publish notices in local newspapers. Documenting these efforts to locate the missing person protects the personal representative from later claims of negligence.
For families, this statute is also a reminder to keep contact information current. Staying in touch with relatives can prevent a share of an inheritance from being absorbed into state funds, even temporarily. If you believe you may be entitled to unclaimed estate assets, the Department of Revenue can help you start the claims process.