FastCounsel

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

Detailed Answer

Under Washington law, if a life insurance policy lacks a valid beneficiary designation, the proceeds become part of the decedent’s probate estate. RCW 48.18.070 provides that when an insurer has no beneficiary on record or cannot locate a beneficiary, it must pay the proceeds to the insured’s estate. Once in the estate, the funds flow through the probate process under Title 11 of the Revised Code of Washington (RCW 11.12.010).

To enforce distribution, follow these steps:

1. Confirm the absence of a beneficiary: Request a beneficiary search or declaration from the insurer.
2. Open a probate estate: File a petition for probate in the superior court of the county where the decedent resided. If there is no will, you will open an intestate estate under RCW 11.28.020.
3. Appoint a personal representative: The court appoints someone—often the closest heir—to administer the estate.
4. Notice to creditors: Publish notice and mail direct notices to known creditors pursuant to RCW 11.40.020–11.40.070.
5. Collect the policy proceeds: Present the court’s Letters Testamentary or Letters of Administration to the insurer to claim the death benefit.
6. Administer the estate: Pay valid debts, taxes, and expenses. File an accounting if required by the court (RCW 11.62.010).
7. Distribute assets to heirs: After debts and expenses, distribute the remaining proceeds under intestacy rules (RCW 11.12.010–11.12.020).
8. Close the estate: File a final report and petition for discharge of the personal representative.

If family members dispute entitlement or priority, you may file a Petition for Determination of Heirs under RCW 11.48.010. In rare cases, unclaimed proceeds may escheat to the state under the Unclaimed Property Act (RCW 63.29.170).

Helpful Hints

• Obtain certified copies of the death certificate early.
• Review the policy for any handwritten or electronic beneficiary changes.
• Keep clear records of all court filings and deadlines.
• Notify all potential heirs to avoid disputes later.
• Consider a probate attorney for complex family situations or contested estates.