If a person passes away without a will, they are considered to have died “intestate.” In this case, state laws determine how the deceased’s assets are distributed. Typically, the estate will go through probate court, and a judge will appoint an administrator—often a close family member—to manage the estate. 

The assets are then distributed according to a legal hierarchy, usually starting with the spouse and children. While this process can take longer and may not reflect the deceased’s wishes, funeral homes can still assist families during this time by coordinating with legal representatives and offering guidance on next steps.

While funeral homes are not legal authorities, they can often assist families in identifying and contacting potential beneficiaries. This may include reviewing prearrangement documents, speaking with family members, or referring families to trusted estate attorneys.

In some cases, funeral homes may also help coordinate with insurance companies or financial institutions to ensure that the right individuals are notified. Our goal is to support families through every step, even when legal complexities arise.

If a named beneficiary has passed away before the person who designated them, the outcome depends on how the policy or will was written. Some documents include contingent (backup) beneficiaries who would then receive the benefit. 

If no contingent beneficiary is named, the benefit may become part of the estate and be distributed according to the will—or through probate if there is no will. It’s important to regularly update beneficiary designations to reflect life changes and ensure your wishes are honored.

No, once a person has passed away, their beneficiary designations are generally considered final and legally binding. This applies to life insurance policies, retirement accounts, and other financial instruments. 

However, if there is evidence of fraud, coercion, or a legal dispute, the matter may be reviewed in court. For this reason, it’s crucial to keep beneficiary information up to date and clearly documented during life. 

Funeral homes can help families understand these limitations and refer them to legal professionals if needed.

A beneficiary is someone who receives assets or benefits from a will, trust, or insurance policy. An executor, on the other hand, is the person legally appointed to carry out the instructions in a will, including distributing assets to beneficiaries. While a beneficiary may also be an executor, the roles are distinct—one receives, the other manages.

Yes, multiple beneficiaries can be named on a will, trust, or insurance policy. The person creating the document can specify how the assets should be divided—equally or in specific percentages. It’s also common to name contingent beneficiaries in case the primary ones are unable to receive the assets.

In most cases, beneficiaries do not need to file any documents with the court to receive their inheritance; the executor of the estate is responsible for managing the process and keeping beneficiaries informed.

However, beneficiaries may need to provide identification, complete tax forms, or take action if disclaiming the inheritance or if the asset requires transfer (e.g., real estate or retirement accounts). For retirement accounts, beneficiaries must follow specific distribution rules and may need to report taxable income.

Yes, a beneficiary can choose to “disclaim” or refuse an inheritance. This might be done for personal, financial, or tax reasons. If this happens, the asset typically passes to the next named beneficiary or is handled according to the will or state law.

Not necessarily. Next of kin is a legal term used to describe a person’s closest living relatives, often used when there is no will. A beneficiary is someone specifically named to receive assets. They can be the same person, but not always.