What should an executor do if they cannot locate a beneficiary in Ontario?

An executor cannot simply skip over a missing beneficiary and distribute their share to others. Until the beneficiary is found or legally dealt with, the executor faces a dilemma: distribute without finding them (risking liability) or hold the estate open indefinitely (also causing problems).

The first step is to make reasonable, documented efforts to find the missing beneficiary — searching last known addresses, contacting known family members, using public records, or engaging a professional locator service. What counts as "reasonable" depends on the circumstances and the size of the share involved.

If those efforts fail, the executor can apply to the Ontario Superior Court of Justice for advice and directions on how to proceed. Courts can authorize the executor to pay the missing beneficiary's share into court (where it is held until claimed), or in rare cases, may allow distribution after sufficient time and a public notice process. An executor who distributes without court authorization and the beneficiary later surfaces can be held personally liable for the missing share.