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My deceased father was listed as my now deceased mother's beneficiary

My deceased father was listed as my now deceased mother's beneficiary

Full question:

My father passed away over a year ago, and my mother in the past month. She still had him listed as the beneficiary on her policy. Does the insurance company have to accept an affidavit of heirship (it is only a 30,000 dollar policy) or can my brother and I be forced into probate court. There is no other real property to be divided.

Category: Wills and Estates
Date: 04/07/2025
State: Tennessee

Answer:

Some insurance companies will accept an heirship affidavit or other affidavit and not require that an estate be opened. Others may require that an estate be opened. You should contact them for their procedures.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an affidavit of heirship?

An affidavit of heirship is a legal document that establishes the heirs of a deceased person. It is often used when there is no formal will or estate proceedings. This document typically includes information about the deceased, their family, and the relationship of the heirs to the deceased. It can help simplify the transfer of assets, such as life insurance policies, without going through probate.

Can a life insurance policy be paid out without probate?

Yes, a life insurance policy can often be paid out without going through probate. If a beneficiary is named, the insurance company usually pays the benefit directly to that person. If the beneficiary has passed away, an affidavit of heirship may be accepted by some insurance companies to determine who the rightful heirs are, allowing for the payout without probate.

What happens if there is no named beneficiary on a life insurance policy?

If there is no named beneficiary on a life insurance policy, the proceeds typically become part of the deceased's estate. This means the funds may be subject to probate court proceedings, where the court will determine how the assets are distributed according to state law. In such cases, an affidavit of heirship could help identify heirs and expedite the process.

Is probate necessary for small estates?

Probate is not always necessary for small estates, which can vary by state. Some states have simplified procedures or thresholds that allow small estates to avoid probate altogether. If the total value of the estate is below a certain limit, heirs might be able to claim assets directly or use documents like an affidavit of heirship to facilitate the transfer.

What should I do if the insurance company refuses to accept the affidavit of heirship?

If an insurance company refuses to accept an affidavit of heirship, you may need to provide additional documentation or seek legal advice. It might be necessary to open a probate case, especially if the company insists on formal estate proceedings. Consulting with a probate attorney can help you understand your options and navigate the process effectively.