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Life Insurance FAQ

Does life insurance go through probate?

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The short answer

Life insurance typically avoids probate when you name a beneficiary, because the death benefit passes directly to them outside the will. If the estate is named as the beneficiary, the payout may go through probate.

Named beneficiaries skip probate

When you name a specific person as beneficiary, the death benefit pays directly to them once the claim is processed, bypassing the court process entirely. This is one of the big advantages of life insurance.

Beneficiaries typically just file a claim with the death certificate and receive payment, often within weeks, with no probate delay.

When it can hit probate

If you name your estate as the beneficiary, or you die without a named beneficiary, the death benefit becomes part of your estate and can go through probate. This delays payout and makes it subject to creditors.

Keeping beneficiaries up to date, and naming a contingent beneficiary, avoids this outcome.

Keep your beneficiaries current

Life events like marriage, divorce, or a new child are good moments to review your beneficiaries. An outdated beneficiary designation overrides a will, so it is important to keep it current.

Related questions

Do life insurance proceeds go to creditors in probate?

If a beneficiary is named, the death benefit generally passes to them and is protected from your creditors. If the estate is the beneficiary, the proceeds can be used to pay estate debts during probate.

How long does a life insurance claim take?

With a named beneficiary and a death certificate, claims are often paid within a few weeks. Some carriers issue payment in days, while complex cases can take longer.

Who should I name as beneficiary?

Name the people you want to protect, such as a spouse, children, or a trust. Naming a contingent beneficiary ensures coverage still goes where you intend if the primary passes away first.

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