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Does Life Insurance go through Probate? Is Life Insurance Part of a Deceased Person’s Estate?

Generally speaking, no. Life insurance death benefits are paid out directly from the insurer to the beneficiaries, without going through probate. This is because life insurance is considered separate from the policyholder’s estate, such that it is not subject to debt collection, payment of the decedent’s bills, or taxation.

However, there are certain situations in which the death benefit from a deceased individual’s life insurance policy may be transferred to his or her estate rather than to a beneficiary. This means that it will be subject to the probate process.

Defining Probate

“Probate” refers to the process by which a deceased individual’s estate is distributed. It frequently involves the use of the deceased’s will as a reference point naming beneficiaries, who are each entitled to a portion of the estate as distributed via an executor. Especially in the case of high-value estates, probate can be a heavily litigated process, with multiple parties claiming conflicting amounts of the deceased’s assets. It’s also important to note that the probate process varies heavily on a state-by-state basis and is a matter of public record.

When is Life Insurance Part of the Estate? Life Insurance and Probate in the Case of an Invalid or Out-of-Date Beneficiary Designation.

When applying for life insurance, the applicant designates one or more beneficiaries to receive the policy’s death benefit. However, problems may arise when the beneficiary or beneficiaries are deceased or cannot be reached (see our previous blog post about what happens to life insurance benefits when the beneficiary is deceased. If no designated beneficiary can be contacted to receive the death benefit, the death benefit may be added to the value of the policyholder’s estate. Consequently, the death benefit will become a part of the estate, and, therefore, will be subject to probate.

What happens when life insurance goes to the estate? Going through probate can be disadvantageous for several reasons, even if the estate value ends up being distributed appropriately. If the insured was in debt at the time of death, his or her estate will be used to pay off any outstanding debts and can even be subject to estate taxes. But if a beneficiary receives the insured’s death benefit directly from the insurance company, the beneficiary will receive the full amount without taxation or debt collection.

Many states exempt a specified amount of life insurance death benefits (e.g. up to $50,000) from debt and/or tax collection even after being transferred to the policyholder’s estate, but this depends on the laws in your state.

The big takeaway is that it’s in your best interest, as the policyholder, to keep your beneficiaries as up-to-date as possible so that your death benefits don’t go through probate. Life insurance is usually advertised as a “safe” investment, free from taxes and unforeseen deductions; however, if a policyholder’s beneficiary is deceased or cannot be located and there is life insurance without beneficiary, the death benefit may be treated the same as any other asset and consequently be subject to debt and/or tax collection through the lengthy, public probate process. Designating a secondary beneficiary (or contingent beneficiary) can help provide an effective safeguard in case something happens to the primary beneficiary.

You should know also that when there is an invalid or out-of-date beneficiary designation, or the named beneficiary is deceased, there is frequently ligitation over who is rightfully entitled to the policy’s death benefit. If you believe your life insurance claim has been wrongfully denied or that you are entitled to a death benefit that seems to be going to the estate instead, it is prudent to get the advice of an experienced life insurance beneficiary attorney. We get our clients paid!

Written By: Chad Boonswang
Chad G. Boonswang, Esquire is a litigation lawyer based in Philadelphia, PA. Selected as an ASLA 2014, 2015, 2016, 2017 and 2018 Top 100 Litigation Lawyer, Mr. Boonswang plays to win. As a lawyer, athlete, and scholar, he has always put in the energy, time, and commitment to be the best. After working for several prominent law firms in Philadelphia, including Montgomery McCracken Walker & Rhoads LLP, he founded his own practice in 2002.  Since then Chad has recovered tens of millions of dollars on behalf of his clients from life insurance claims and catastrophic injury cases.  Year after year, he has earned a 10.00 Superb rating on Avvo.

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