What Happens to Life Insurance With No Beneficiary? - SmartAsset (2024)

What Happens to Life Insurance With No Beneficiary? - SmartAsset (1)

Life insurance policies provide a financial benefit to the people left behind when someone passes away. This money is available to cover burial expenses, pay off debt, replace lost income, and more. But what happens to life insurance with no beneficiary? Where does the money go and who gets it? Continue reading to learn more about this important topic.Need help managing your life insurance? Consider working with a financial advisor.

Life Insurance Benefits

People buy life insurance to protect against the financial impact of someone dying. The lost income from a loved one and the added expenses of burial and replacing their household contributions devastates some families. These are a few of the most common reasons why people buy life insurance:

  • Replace lost income
  • Cover college expenses
  • Pay off mortgage and other debt
  • Create an endowment
  • Donate to charity
  • Buy out a business partner

Life Insurance Beneficiaries

When you purchase a life insurance policy, you’ll fill out the beneficiary information so that the insurance company knows who to pay when you die. Generally, you’ll provide a primary and a secondary beneficiary.

Primary Beneficiary

The primary beneficiary is the first person in life to receive money when you pass away. You can name anyone that you’d like as a beneficiary, but you generally need to have some relationship with them. For example, you can choose a spouse, parent, child, family member or friend. Some policy owners name a charity, foundation or company as the beneficiary of their policy.

Additionally, you can name multiple people as primary beneficiaries. The death benefit can be split evenly or in any percentage that you like.

Secondary Beneficiary

When one or more primary beneficiaries are unable to accept the death benefit, the proceeds pass on to the secondary beneficiary. A secondary beneficiary is also known as a “contingent beneficiary” because they are contingent on the primary beneficiary passing away before the insured person. For example, if a husband names his wife as his primary beneficiary, but she passes away before him, the secondary beneficiaries would receive the death benefit.

What Happens to Life Insurance With No Beneficiary?

Multiple levels of beneficiaries typically prevent a policyholder from dying without an eligible beneficiary. However, life doesn’t always cooperate the way that we’d like it to. So, what happens to life insurance with no beneficiary?

Beneficiaries Pass Away Before the Insured

If the primary beneficiary passes away before the insured does, then the death benefit goes to the secondary beneficiary. The death benefit is not a part of the estate of the primary beneficiary.

Primary Beneficiary Dies Before Collecting the Life Insurance

What happens if the primary beneficiary is alive when the insured dies but passes away before receiving the life insurance proceeds? In this case, the money is part of their estate and gets distributed according to their estate plan.

Insured and Primary Beneficiary Die at the Same Time

Simultaneous death of the insured and the primary beneficiary complicates who receives the money from a life insurance policy. Generally, the insurance industry considers it a simultaneous death if you die within 24 hours of each other.

In most cases, the life insurance company will look at the time of death for both parties. Even if one only lived a few minutes longer than the other, that could affect the payout. If the insured dies first, the money goes to the primary beneficiary. If the primary died first, then the money would go to the secondary beneficiary.

One Beneficiary Dies But the Other Is Alive

When a life insurance policy names multiple beneficiaries, it is possible that one may die before the insured. Each beneficiary receives their percentage of the death benefit. For example, say you have three siblings and all are equal beneficiaries. If one passes away before you, then the remaining two siblings would each get one half (known as “per capita“).

If you want the estate of each beneficiary to receive their share, then you would name them as “per stirpes” beneficiaries. In this instance, each sibling would receive one-third of your death benefit. Since one passed away before you, their estate would receive their one-third share.

No Beneficiary Listed

Most life insurance companies require you to name at least one beneficiary on your life insurance application. However, mistakes are made and a blank beneficiary form slips through the process. Without a named beneficiary, your life insurance proceeds become part of your estate. The life insurance proceeds get distributed accordingly, along with the rest of your assets.

Your estate may need to go through probate, which often charges substantial fees and could take a long time before reaching your heirs. Additionally, the death benefit may now be subject to state and federal taxes. If the probate court cannot locate any living relatives, the state may take all of your remaining assets.

The Bottom Line

Purchasing life insurance is an inexpensive way to create an estate for your loved ones in case you pass away. It is important to name primary and secondary beneficiaries on your policy to ensure that they receive the money. When life insurance does not have a beneficiary, the death benefit is part of your estate. Without a living trust, your estate goes through probate and is subject to fees, taxes and delays.

Tips for Your Life Insurance Policy

  • Determining how much life insurance you need can be a challenge. Many investors choose a death benefit high enough to replace their income, cover burial expenses and pay off debt. Additionally, covering college tuition and other goals may also factor into the death benefit. Our life insurance calculator helps you determine how much life insurance you need with a few simple questions.
  • A financial advisor can help you get the right life insurance policies. Finding a qualified financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three financial advisors who serve your area and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.

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What Happens to Life Insurance With No Beneficiary? - SmartAsset (2024)

FAQs

What Happens to Life Insurance With No Beneficiary? - SmartAsset? ›

However, if there are no beneficiaries still living, either the proceeds of the policy will enter the probate process, or the life insurance proceeds will pass to the decedent's heirs-at-law who are those people who are close to the decedent and would probably inherit if there was a beneficiary designation or will.

Who does life insurance go to if there is no beneficiary? ›

What happens to life insurance with no beneficiaries? Most life insurance companies require you to name at least one beneficiary. If beneficiaries are not named, the life insurance proceeds will go to your estate. If you don't have a will, your estate, including the death benefit, may need to go through probate court.

What happens when someone dies and there is no beneficiary? ›

When life insurance does not have a beneficiary, the death benefit is part of your estate. Without a living trust, your estate goes through probate and is subject to fees, taxes and delays.

In what circ*mstances would a life insurance policy not pay out to the beneficiary? ›

The good news is that you likely won't need to worry about having a claim denied if you're truthful with your life insurance company from the start. Instances of lying, criminal activity, or dangerous behavior that's not disclosed upfront could all be reasons life insurance won't pay out.

Can creditors take life insurance proceeds? ›

Creditors typically can't go after certain assets like your retirement accounts, living trusts or life insurance death benefits to pay off debts. These assets go to the named beneficiaries and aren't part of the probate process that settles your estate.

What is the next of kin for life insurance? ›

Life insurance companies generally do not need to recognize your next of kin if you list beneficiaries. Generally, next of kin is a legal term that determines who inherits a person's property or who makes funeral arrangements if you die intestate (without a will).

Does life insurance automatically go to beneficiary? ›

Keep beneficiaries informed: A life insurance beneficiary does not automatically get a death benefit — they are required to make a claim to the money with sufficient proof.

Do life insurance companies contact beneficiaries? ›

Many life insurance companies try to contact beneficiaries if the beneficiaries don't contact them first. The “catch” is that there's no automatic process that tells them about policyholder deaths.

Can you find a life insurance policy with a social security number? ›

To use the service, you must have the suspected policyholder's legal name, Social Security number and dates of birth and death. Information submitted to the NAIC is submitted to participating insurance companies, which search their records for open policies. The process can take several months.

Is a spouse automatically a beneficiary? ›

The Spouse Is the Automatic Beneficiary for Married People

A federal law, the Employee Retirement Income Security Act (ERISA), governs most pensions and retirement accounts.

What voids a life insurance claim? ›

Generally, life insurance policies exclude coverage for deaths arising from participation in illegal activities or criminal behavior. Additionally, in some instances, the insurance provider could deny coverage for a death resulting from an illegal drug overdose or drunk driving.

Can you lose life insurance? ›

Losing a life insurance policy doesn't affect coverage, but it can make managing the policy and claiming benefits more complicated. Beneficiaries may struggle to collect the death benefit without the policy, leading to unclaimed funds.

What can override a life insurance beneficiary? ›

A will cannot override a beneficiary designation because the policy is a contract between the person who purchases it and the issuer. The only way anyone can override a beneficiary other than the policyholder is if a court determines there's a conflict between named beneficiaries and state laws.

What debts are not forgiven at death? ›

Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.

Can credit card companies come after life insurance? ›

Creditors cannot come after life insurance when paid to a beneficiary. Your beneficiaries can spend the death benefit money however they want.

Can creditors put a lien on life insurance? ›

judgment liens and tax liens can still attach to assets such as life insurance policies. ∎ If the policy has sufficient cash surrender value to cover the loans.

What happens when life insurance goes to the estate? ›

In some cases, the proceeds from the life insurance policy go to the probate estate. There, the estate uses the funds to cover any remaining bills and costs. Other times, the life insurance proceeds pass on to the living heirs-at-law of the policyholder.

Can life insurance be denied after death? ›

If there was a lapse in life insurance coverage at the time of death, the claim may be denied since no coverage was in force. Incomplete paperwork: If you don't have all the required paperwork or information on the insured, there may be a delay in the payout until you provide the required documentation.

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