What happens if an heir to an intestate estate cannot be located in Ontario?

If an heir is entitled to a share of an intestate estate but cannot be found, the administrator cannot simply distribute that share to other heirs. The missing heir's share must be held in trust or paid into court while reasonable efforts are made to locate them. Distributing assets before all heirs are accounted for can expose the administrator to personal liability.

The administrator is expected to make a reasonable search — checking public records, contacting known relatives, and potentially hiring a genealogical research firm or "heir hunter." The scope of effort required depends on the size of the share and the estate's overall complexity.

If the heir ultimately cannot be found after reasonable efforts, the administrator can apply to the court for directions. In some circumstances, the unclaimed share may be paid to the Public Guardian and Trustee, who holds it. A missing heir may later come forward and claim their entitlement for a period defined by law.