If There Is No Will, What Happens To A Life Insurance Policy?

 If there is no will, what happens to a life insurance policy?

Ilustration If a person passes away without a will By Freepik.com


If a person passes away without a will, the distribution of their assets, including a life insurance policy, is typically determined by the laws of intestacy in the jurisdiction where they resided. The laws of intestacy vary from country to country and even within different states or provinces.

In general, when someone dies without a will, their assets, including life insurance proceeds, are distributed according to a predetermined order of priority. The distribution usually follows a hierarchy of beneficiaries, such as:

1. Spouse/Partner: 

The life insurance proceeds may go to the surviving spouse or domestic partner as the primary beneficiary. If there is no spouse or partner, the distribution moves to the next eligible beneficiary.

2. Children: 

If there are surviving children, they may become the beneficiaries of the life insurance policy. In some cases, the proceeds may be divided equally among the children. If a child has passed away before the insured, their share may go to their own children (the insured's grandchildren) or be distributed among the surviving children.

3. Parents: 

If there are no surviving spouse or children, the life insurance proceeds may go to the deceased person's parents.

4. Siblings: 

In the absence of a spouse, children, or parents, the proceeds may be distributed among the deceased person's siblings.

If no eligible beneficiaries can be identified under the laws of intestacy, the life insurance proceeds may be turned over to the state as unclaimed property, subject to the applicable regulations.

It's important to note that the laws of intestacy can be complex and vary based on the jurisdiction. To ensure accurate information and proper distribution of assets, it is advisable to consult with an attorney or legal professional who specializes in estate planning or probate law in your specific jurisdiction.

 

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