In the administration of wills and trusts, one of the challenges that may arise is the inability to locate an heir named in a will or a trust beneficiary. When an individual named in an estate planning instrument cannot be found, it can complicate the estate or trust administration process. New Jersey law provides procedures to address this situation and ensure the proper distribution of assets while safeguarding the interests of all parties involved.

Trustees and personal representatives of estates have a duty to make reasonable efforts to locate missing distributees. This process typically involves conducting thorough searches using various resources, including public records, online databases and professional search services. Documentation of these search efforts is crucial for demonstrating compliance with legal requirements.

New Jersey law requires executors and trustees to notify all heirs and beneficiaries regarding property that has been directed toward them. If the recipient’s address is not known, they must publish notice of probate or trust administration in a local newspaper to inform potential recipients of the proceedings. This publication notice serves as a means of alerting individuals who are unaware of their status as beneficiaries. The notice typically includes information about the decedent's death, the initiation of probate or trust administration, and instructions for contacting the executor or trustee.

If extensive search efforts and publication notices fail to locate the missing heir or beneficiary, the executor or trustee may petition the New Jersey Surrogate's Court or Probate Court for guidance and approval to proceed with the administration of the estate or trust. The court may authorize alternative methods for providing notice to the missing individual, such as posting notices in public places or conducting a hearing to determine the appropriate course of action.

In cases where all reasonable efforts to locate the missing heir or beneficiary have been exhausted without success, New Jersey law provides for escheatment of the unclaimed property. This means that ownership the assets at issue is transferred to the state. However, escheatment is considered a last resort, and efforts to locate the missing individual should continue whenever feasible.

Estate representatives and trustees in New Jersey should seek legal guidance when faced with the challenge of locating missing heirs or trust beneficiaries. An experienced attorney can provide valuable assistance in navigating the legal procedures, ensuring compliance with probate and trust administration laws and submitting proof to the court that proper steps were taken to locate the named beneficiary.

Parsons & Nardelli in Red Bank provides comprehensive legal support to executors and trustees throughout Monmouth, Ocean and Middlesex counties. Whether you’re having trouble finding a beneficiary or have just been named to administer a will or trust, please call 888-309-5589 or contact us online to make an appointment.