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You must name a primary beneficiary and at least one contingent beneficiary (to whom assets will pass if the primary beneficiary has already died). Beneficiary designations for 401(k)s override the contents of a will. Children who are still minors cannot inherit as direct beneficiaries.

For 401(k)s, your beneficiary is the person or organization you choose to receive the earnings in your 401(k) account if you were to pass away. There are two types of beneficiaries you can name: Your primary beneficiary is the first beneficiary you want to receive your 401(k) assets at your death.

Take a lump-sum distribution. Withdraw all funds by the end of five years after the owner's death (only if the account owner died before 2020). Withdraw all funds by the end of 10 years after the owner's death (only if the account owner died in 2020 or later).

When a person dies, his or her 401k becomes part of his or her taxable estate. However, a beneficiary generally won't have to wait until probate is completed to receive the account balance.

Your original designation remains in force whether it still reflects your wishes or not, until you submit another form to cancel prior designations or to designate a new beneficiary. A designation of beneficiary form outlines your desire to have the funds due upon your death paid out in a particular way.

Fortunately, your spouse or beneficiary should automatically inherit your 401 K at the time of your death. The only exception would be if you named someone else as your beneficiary. Your spouse would need to sign a waiver for this to happen. If you want to choose another person, you must indicate this to your employer.

A 401(k) is a non-probate asset. This means your beneficiary can inherit the account directly, instead of waiting for it to go through probate. Probate is a court-supervised process that distributes your property to the people you choose to receive it after you pass away.

If there's money left in the account, it can be passed on to heirs, and you can inherit a 401(k) directly from a spouse or any account holder who has listed you as a primary beneficiary or a contingent beneficiary on the account.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232