How to Probate a Life Insurance Policy
- 1). File the death claim. The executor of the individual's will must file the death claim on behalf of the estate. A copy of the death certificate, along with the claim form, must be submitted to the insurer. Then the insurance company processes the claim request. The insurance company makes a check payable to the probate court.
- 2). Deduct fees and expenses, and record the resulting amount. The probate court deducts fees for processing along with lawyers' fees. These fees vary by state. The amount of money that is left over will be distributed to individuals named in the deceased person's last will and testament.
- 3). Distribute the funds. Whatever is left over from probate court must be distributed according to the deceased's will. If there is no will, state law determines how the proceeds will be distributed.
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