Detailed Answer
Under Kansas law, if a life insurance policy has no designated beneficiary, the insurer typically distributes the proceeds to the insured’s probate estate. This outcome is governed by K.S.A. 40-3109. After receiving the proceeds, the probate court oversees distribution according to the Kansas Intestate Succession Act (K.S.A. 59-5-501 et seq.).
1. Confirm Policy Status and Beneficiary Designation
Contact the insurance company. Request written confirmation that no beneficiary exists. Collect the policy and any relevant correspondence.
2. Open a Probate Estate
File a petition for administration with the probate court in the county where the insured lived. If the estate qualifies, pursue an informal or simplified administration.
3. Inventory and Valuation
Within 60 days of appointment, file an inventory listing the life insurance proceeds as an estate asset. Include the insurer’s name, policy number, and amount expected.
4. Obtain Letters of Administration
Once appointed, the court issues letters of administration to the personal representative. Present these letters to the insurer to secure the funds.
5. Distribute Proceeds Under Intestate Succession
If the insured died without a will, distribute the proceeds under K.S.A. 59-5-501. For example, a surviving spouse may inherit the entire estate if there are no descendants. If there are descendants, the spouse and children share the estate per statutory formula.
6. Final Accounting and Closing the Estate
Prepare a final accounting showing receipt and distribution of the insurance proceeds. File a closing statement and ask the court to close the estate.
Disclaimer: This article provides general information about Kansas law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Locate all insurance policies, including employer-sponsored group coverage.
- Act promptly to meet probate deadlines under the Kansas Probate Code.
- Maintain clear communication with the insurer to prevent delays.
- Keep detailed records of all filings, correspondence, and court orders.
- Consult a probate attorney if the estate involves complex assets or disputes.