The companies will search their records to determine whether they have life policies or annuity contracts and will contact you directly only if they find a policy in the name of the deceased and you are the designated beneficiary or authorized legal representative.
Life insurance companies typically do not know when a policyholder dies until they are informed of his or her death, usually by the policy's beneficiary. Even if a policy is in a premium-paying stage and the payments stop, the insurance company has no reason to assume that the insured has died.
If no beneficiary is named in the policy, the terms of the policy itself will dictate where the proceeds should go, such as to the insured's next of kin or into their estate, where it will be distributed according to the insured's estate plan or California laws of intestacy if the insured left no will.
If your sole primary beneficiary passes away, the death benefit would go to any contingent beneficiaries you named when you applied for your policy. In the event you didn't designate any contingent beneficiaries, the death payout would likely go directly into your estate.
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.
In many cases, it takes anywhere from 14 to 60 days for beneficiaries to receive a life insurance payout. But many factors impact this time frame. These include the insurance company's procedures, when the claim is filed, how long the policy was active, the cause of death, and state laws regarding insurance payouts.
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
If you are the designated beneficiary on a deceased person's bank account, you typically can go to the bank immediately following their death to claim the asset. In general, there is no waiting period for beneficiaries to access the money; however, keep in mind that laws can vary by state and by bank.
The easiest way to learn if you are a life insurance beneficiary is to talk to the policyholder if they are still alive. They can tell you whether you're a beneficiary and provide information necessary to claim the death benefit when they pass away.
Typically, you might receive a certified letter from the personal representative notifying you that you are a beneficiary. However, you can always contact the estate attorney to explain the will to you.
Contact your insurer
As uncomfortable as it may be, as a relative, spouse, or executor of the estate, you need to let the insurance company know that a or the sole policyholder has passed. Most companies give you about 30 days to do this, and many accept a phone call as notification.
The bottom line is that life insurance companies do not monitor policyholders, which means that the executor or beneficiaries must initiate a claim. The insurance company will not seek out the beneficiaries of a decedent; they will be unaware of the death until a claim is initiated.
The best place to begin your search is www.Unclaimed.org, the website of the National Association of Unclaimed Property Administrators (NAUPA). This free website contains information about unclaimed property held by each state. You can search every state where your loved one lived or worked to see if anything shows up.
As a standard life insurance beneficiary rule, you must explicitly identify each beneficiary with their full name and Social Security number. Pro tip: Do you live in a community property state? If so, you'll need your spouse's consent to designate a primary beneficiary other than them.
Contacting beneficiaries
The executor or personal representative will contact each beneficiary. That is often done through written communication, such as a letter or email, providing details about the deceased's passing, their role as executor, and the beneficiary's rights and entitlements.
In California, the executor of a will, also known as the personal representative, generally has about one year from their appointment to complete their duties. That includes paying creditors and distributing assets to beneficiaries. The timeline can be extended.
Legally, only the owner has legal access to the funds, even after death. A court must grant someone else the power to withdraw money and close the account.
A Beneficiary need not know about a trust of which he or she is a Beneficiary, and neither the Settlor nor the Trustee (if the Settlor waived the requirement for the Trustee to keep the beneficiaries informed) needs to inform the Beneficiary of the existence of the trust; but if the beneficiary finds out about it and ...
While there is no strict deadline, beneficiaries are usually notified within a few weeks to a few months after someone's death.
When distribution is expected: Executors typically contact beneficiaries when the distribution of assets is imminent. This ensures that beneficiaries are prepared to receive their inheritance and can provide any necessary information, such as bank account details, for the transfer of assets.
The personal representative collects all the property of the person that died, pays their bills, and then distributes any remaining property to the people with a legal right to receive the property (called heirs or beneficiaries).
Life insurers typically take 14 to 60 days to pay out the death benefit after the beneficiary files the claim. This is because they must verify the policy terms and policyholder's death certificate and confirm who the beneficiaries are.
Note that the 30-days starts only when all the relevant documents related to the proof of death of the deceased policyholder have been submitted by the claimants. However, death claims that require to be investigated to confirm their legitimacy, can take up to 90 days to settle.