How to enforce distribution of life insurance proceeds in probate when no beneficiary was designated in Alabama | Alabama Probate | FastCounsel
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How to enforce distribution of life insurance proceeds in probate when no beneficiary was designated in Alabama

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

Under Alabama law, a life insurance policy must have a valid beneficiary designation at the insured’s death. If the insured never named a beneficiary or the designation is invalid, the insurer must pay benefits to the insured’s probate estate, per Ala. Code §27-25-2. Once proceeds enter probate, the personal representative distributes them under Alabama’s intestacy statutes, primarily Ala. Code §43-8-42.

To enforce distribution, follow these steps:

  1. Open Probate: File a petition in the probate court of the county where the insured resided. The court appoints a personal representative or administrator.
  2. Secure Letters: Obtain letters of administration. These grant authority to gather assets, including life insurance proceeds.
  3. Inventory Assets: List all estate assets. Include the policy and any correspondence with the insurer. File the inventory with the court.
  4. Petition for Distribution: Ask the court to approve the proposed distribution under intestacy rules. Alabama law divides assets among heirs by bloodline or marriage, per Ala. Code §43-8-42.
  5. Obtain Court Order: After notice to heirs and a hearing, the court issues an order directing distribution of policy proceeds.
  6. Enforce Against the Insurer: Present a certified copy of the court order to the insurance company. If the insurer delays or refuses payment, the personal representative can file a citation to show cause under Ala. Code §43-2-421 to compel compliance.

Helpful Hints

  • Locate and review the original insurance policy and beneficiary form.
  • Obtain a certified death certificate immediately after death.
  • File probate paperwork in the county where the insured lived.
  • Meet all statutory deadlines to file estate claims.
  • Keep clear records of insurer communications and correspondence.
  • Consider hiring a probate attorney for complex estates or disagreements.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.