How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in Maryland (MD) | Maryland Probate | FastCounsel
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How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in Maryland (MD)

Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Detailed Answer

If a policyholder dies without naming a beneficiary, Maryland law presumes the life insurance proceeds belong to the decedent’s estate. Under Maryland Code, Estates & Trusts § 7-402, an insurer must pay proceeds to the personal representative once appointed. These funds then pass through probate and distribute under the intestate succession scheme in § 3-103.

Step 1: Open Probate. File a petition in the circuit court where the decedent resided. Request letters of administration since no valid will exists.

Step 2: Notify the Insurer. Provide a certified death certificate, a copy of letters of administration, and a statement that no beneficiary designation survives. Demand payment of the proceeds under § 7-402.

Step 3: Compel Payment if Necessary. If the insurer refuses to pay, file a motion to compel payment in probate court. Attach the insurer’s written refusal and your letters of administration.

Step 4: Distribute Under Intestacy. Once you receive the proceeds, distribute them to heirs according to Md. Est. & Trusts § 3-103. The default order is spouse, children, parents, siblings, and other relatives.

Step 5: Close the Estate. Prepare a final accounting and petition for discharge. The court will review your accounting and authorize closing the probate estate.

Helpful Hints

  • Gather all policy documents early to confirm no valid beneficiary designation exists.
  • Verify beneficiary records directly with the insurer to avoid surprises.
  • Keep precise records of notices sent to insurers and any responses.
  • Consult the probate clerk’s office for local forms, fees, and filing procedures.
  • Consider mediation or alternative dispute resolution if heirs contest distribution.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.