Is a life insurance policy connected to the probate process?

UPDATED: Oct 1, 2022

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Is a life insurance policy connected to the probate process?

My father has passed away and the state requires that his Will to go through

the probate process. However, my mother is in need of the life insurance policy that they took out. Can she collect the life insurance policy without it effecting the probate process?

Asked on July 7, 2018 under Estate Planning, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Life insurance proceeds are not considered to be an asset of an estate; they are paid directly to the named beneficiary. Accordingly, your mother can collect on your late father's life insurance policy without effecting the probate process.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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