When some one dies without a Will but has an IRA or 401k with a named beneficiary, is that part of the estate?

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When some one dies without a Will but has an IRA or 401k with a named beneficiary, is that part of the estate?

Asked on May 13, 2014 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the accounts have designated benefices that will inherit upon the death of the account owner then upon that person's death the asset transfers to the named beneficiary and does not go through probate.  If, however, the named beneficiary has pre deceased the account owner - or there is no one named - then it must go through probate.  Good luck.


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