1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

What happens to a 401k if the beneficiary is passed away and there isn't a second one

Discussion in 'Estate Administration & Probate Court' started by angieo0216, Jan 23, 2021.

  1. angieo0216

    angieo0216 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Illinois
    What happens to a 401k if the beneficiary has passed away and there isn't a second one?
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,566
    Likes Received:
    2,558
    Trophy Points:
    113

    The 401(k) becomes part of the owners estate and gets probated according to the will. If no will, then per the laws of intestacy.
     
  3. army judge

    army judge Super Moderator

    Messages:
    32,888
    Likes Received:
    5,158
    Trophy Points:
    113

    Very true, unless the deceased had no living relatives then it escheats to the state.
     

Share This Page