When a Beneficiary Cannot Be Located
Estate settlement 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, lost contact with the family years ago, or be unaware they were named in the will. 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 and sends it to the Arizona Department of Revenue, where it is deposited into the state's permanent school fund.
Reclaiming the Funds Later
The money is not gone forever. If the missing person later comes forward, they can reclaim their share by following the same process used for escheated property under A.R.S. sections 12-886 and 12-887. The process involves filing a claim and providing proof of identity and entitlement.
For personal representatives, this statute provides a clear path to closing an estate when a beneficiary is unreachable. Without it, the estate could remain open indefinitely while the search continues. For families, it is a reminder that keeping contact information current and staying in touch with relatives can prevent a share of an inheritance from being absorbed into state funds, even temporarily.