Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Losing a loved one is difficult. When a decedent fails to name a beneficiary for a life insurance policy, the proceeds typically pass through probate as part of the estate. Under New Hampshire law, you enforce distribution through the probate process. Here’s how:
1. Confirm No Valid Beneficiary Exists
First, request a certified copy of the insurance policy and beneficiary designation form. If the policy shows “estate” or no name, then no valid beneficiary exists.
2. Include Proceeds in the Estate Inventory
As the personal representative (executor), list the insurance proceeds under “liquid assets” in the estate inventory. Submit the inventory to the probate court in the county where the decedent resided. RSA 551:2 requires full disclosure of estate assets. RSA 551.
3. Petition the Probate Court
File a petition for probate administration with the circuit court’s probate division. Include a copy of the death certificate, policy details, and the inventory. The court will appoint or confirm the personal representative.
4. Notify Heirs and Creditors
Under RSA 564, you must notify heirs and known creditors of the probate proceedings. Publish a notice in a local newspaper if required.
5. Secure a Court Order for Distribution
Once claims and notices resolve, submit a request for an order of distribution. The court applies RSA 564 (intestate succession) to determine heirs’ shares.
6. Distribute Proceeds to Heirs
After the court signs the distribution order, transfer the insurance funds to heirs as directed. Retain records of all distributions.
Helpful Hints
- Keep detailed records of all filings and communications.
- Confirm deadlines for creditor claims in NH RSA 548.
- Consider bond requirements for personal representatives under NH RSA 554.
- Use certified checks or probate court–supervised accounts for distributions.
- Consult a probate attorney if complex family or estate issues arise.