Can a court authorize distribution of an estate even though one beneficiary has never been found?

Yes - an estate trustee who has made genuine, documented efforts to find a missing beneficiary and still cannot locate them can apply to the Superior Court of Justice for directions, including an order authorizing distribution of the estate despite the gap. The court's role is to balance fairness to the missing person against the reality that an estate cannot stay open forever waiting for someone who may never be found.

What the court orders depends heavily on the facts: it might approve distribution with a holdback of the missing person's share, require security or insurance to protect that share, or in some cases approve distribution to the other beneficiaries outright if the evidence strongly suggests the missing person has no remaining claim. There is no fixed formula - the court looks at how thorough the search was, how long the person has been missing, and how significant their share is.

Before applying, an estate trustee should gather evidence of every search step taken, including genealogical reports, advertisements, and contact attempts, since the court will want to see that distribution isn't simply a shortcut around a proper search. A lawyer can help frame the application and recommend which protective measure to request.