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If there are no stipulations in the will as to what should be done in the event one of the beneficiaries should die, then the state probate succession laws apply. The executor should contact the probate court for instructions as to the manner in which the deceased beneficiary's share of the estate is to be distributed.

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15y ago
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14y ago

Some testator's provide that the beneficiary must survive them by 30 days or the gift will lapse. If there is no special provision in the will the beneficiary only needs to survive the testator to inherit. If the beneficiary lived long enough after the death of the testator to inherit then the distribution is made to the beneficiary's estate.

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14y ago

The court will appoint someone else. No estate will fail because an executor wasn't named. Typically an attorney or bank will serve as the executor, but a family member can volunteer and if the other heirs agree can serve.

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Q: What happens when a beneficiary of a will dies before his or her share of the inheritance can be distributed?
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Related questions

Do you have to pay off debt with your inheritance?

The debts of the estate must be paid before any inheritance is distributed to the heirs.


Can a felon be a beneficiary?

Yes, but if the person for whom he is a beneficiary should die before the felon is off supervision, the state may take the inheritance to offset costs.


What happens is a beneficiary die's but there are other beneificiaries before an estate is settled?

The beneficiary's share goes into their own estate.


What happens to insurance when beneficiary dies before insured person?

generally nothing. Insured person can name another beneficiary.


What happens if the beneficiary of a life insurance policy is deceased?

Generally, if the beneficiary is deceased, the proceeds go to the contingent beneficiary, or if none, to the estate of the insured. An attorney must be consulted to direct you on how to handle this in your state. It depends on whether the beneficiary predeceased the insured. If the beneficiary died before the insured then the proceeds go the the contingent beneficiary. If there is not a contingent, check the contract, it probably is paid to the Owner of the Estate of the Insured. If the Beneficiary died after the Insured, the proceeds go to the Beneficiary's Estate. It is important to have a contingent beneficiary specified in your life insurance policy. This way, if the beneficiary passes away, the contingent beneficiary will benefit. If there is no contingent beneficiary, and the beneficiary has deceased, the proceeds of the life insurance policy, go to the estate and is distributed according to the Will.


What happens if the sole beneficiary to a life insurance policy dies after the insured dies but before the claim is processed?

The proceeds belong to the estate of the beneficiary.


What happens when a sole beneficiary dies before their benefactor in england?

Nothing. The benefactor will have to find another beneficiary, unless it has already been accounted for.


Do inheritors in the estate have to pay their debts before inheritance payout?

The debts of the estate have to be resolved first. Only then can funds be distributed.


What happens if sole beneficiary dies before estate is settled?

If the beneficiary died after the testator you must review the will to make certain there is no set time period the beneficiary must survive the testator. If there is no such provision then the gift becomes part of the beneficiary's estate.


Is the beneficiary of an estate responsible for the deceased debts?

Debts are the responsibility of the estate. No will is necessary to open an estate. Before anything in the estate can be distributed, the debts have to be cleared.


What happens when one of a group of beneficiary dies before the property is settled?

Their share goes into their estate.


What happens to a settlement if the person dies before payment?

It is hard to say what will happen to the settlement, mainly because it depends on what kind of settlement you're talking about. It could end up in probate, it could go to a beneficiary, or distributed according to the reading of a will. Hope this helps!