QUESTION

Is default beneficiary treated same as designated in probate

Asked on Feb 05th, 2017 on Wills and Probate - Texas
More details to this question:
If a retirement plan or savings account has no designated beneficiary but does have living default beneficiaries, does it have to go through probate, or can it go directly to the default beneficiaries?
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1 ANSWER

Maryellen Sullivan
In cases where retirement plans do not designate a beneficiary, the agreement with the financial entity administering the plan determines the default beneficiary.  It is usually a surviving spouse, but sometimes the default beneficiary is the estate of the deceased person.  For a surviving spouse, probate is not necessary.  For an estate, probate is required. Most savings accounts do not have default beneficiaries. Instead, they are estate assets that require probate.  Again, you can refer to the legal agreement with the financial entity holding the savings account to determine what happens to an account when an owner dies.  The bank may not be willing to give you specific information about this account, but should provide you with their policy or a copy of their typical agreement for that sort of account.   If the total estate assets are less than $50,000, you can use a simplified probate process.  If you search "small estate affidavit Texas" you will find details of this option.      
Answered on Feb 05th, 2017 at 3:40 PM

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