The Short Answer

In Pennsylvania, life insurance proceeds usually pass outside probate to the beneficiary listed with the insurance company—not under the will. If a beneficiary change was started but not completed, the insurer will often pay the person still listed on the policy unless there is a legally recognized basis to challenge that outcome.

What Pennsylvania Law Says

Life insurance beneficiary designations are generally treated as a contractual transfer controlled by the policy records, not as a testamentary gift controlled by probate. That means the probate court and the will typically do not control who receives the proceeds when a beneficiary is named on the policy.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 6108.

This statute establishes that beneficiary designations for life insurance (and certain death benefits) are not testamentary and are not subject to the laws governing transfers by will—so they typically do not become part of the probate estate.

One important exception area involves divorce: Pennsylvania law can make certain spouse/ex-spouse beneficiary designations ineffective after divorce (or during certain divorce proceedings), depending on the facts and documents. See 20 Pa.C.S. § 6111.2.

If you want more background on how life insurance interacts with probate, you may find these helpful: Do life insurance proceeds avoid probate in Pennsylvania if there’s a named beneficiary? and Can I recover life insurance proceeds paid to the wrong beneficiary in Pennsylvania?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to an “incomplete” beneficiary change is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the insurer has already paid the proceeds, the dispute can shift from “stop payment” to a harder recovery claim against the recipient, and timing can affect your leverage and available remedies.
• Burden of Proof: You may need evidence showing what steps were taken to change the beneficiary, whether the insured had capacity, and whether the insurer’s requirements were satisfied (or whether an exception applies).
• Exceptions: Divorce-related rules can override a spouse/ex-spouse designation in some cases under 20 Pa.C.S. § 6111.2, and other disputes can involve allegations like undue influence, fraud, or competing claimant issues that insurers often respond to by delaying payment or filing an interpleader.

Trying to handle this alone can lead to missed opportunities to preserve evidence, prevent payout, or properly frame a claim—especially where the policy paperwork is unclear or multiple people are asserting rights.

Get Connected with a Pennsylvania Attorney

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.