Detailed Answer
When a life insurance policy lacks a valid beneficiary designation, Missouri law directs the insurer to pay proceeds to the insured’s estate. Under Mo. Rev. Stat. §375.192, the insurer may rely on an order or letters of administration before releasing funds. Once proceeds enter the estate, the personal representative must distribute them under Missouri’s probate code (Mo. Rev. Stat. §474.240) and intestacy rules (Mo. Rev. Stat. §474.005).
Steps to Enforce Distribution
1. Confirm Absence of a Valid Beneficiary
Obtain a certified copy of the policy from the insurer. Verify no surviving primary or contingent beneficiaries.
2. Petition for Probate
File a petition in the probate division of the circuit court where the insured resided. Request appointment of a personal representative under Chapter 474 of the Missouri Revised Statutes.
3. Inventory Estate Assets
Include the insurance policy and any proceeds once received. File the inventory with the probate court.
4. Serve Notice on Heirs and Creditors
Provide statutory notice to heirs and creditors. This step prevents unauthorized claims and protects the personal representative.
5. Request Proceeds from the Insurer
Submit the death certificate, letters of administration, and court order to the insurer. Cite Mo. Rev. Stat. §375.192 to compel payment to the estate.
6. Petition for Distribution
After collecting funds, file a final accounting and petition for distribution. The court will distribute proceeds under Mo. Rev. Stat. §474.240.
Helpful Hints
- Review the insurance policy for hidden beneficiary clauses.
- Identify all potential heirs early to streamline notice requirements.
- Keep detailed records of communications with the insurer.
- Monitor statutory deadlines for filing probate documents.
- Consider mediation if heirs dispute distribution.
Disclaimer: This article is for educational purposes and does not constitute legal advice.