The Short Answer

In Pennsylvania, a 401(k) typically passes by the plan’s beneficiary designation (or the plan’s default rules) rather than through the probate estate. If you’re unsure who the beneficiary is, the key legal issue is usually whether you have authority (as executor/administrator or otherwise) to obtain information from the plan and whether the account is payable to someone outside the estate.

What Pennsylvania Law Says

Retirement plan death benefits (including many 401(k)-type employee benefit plans) are generally controlled by the beneficiary designation on file with the plan. That means the account often does not become part of the probate estate, and a will usually does not override a valid beneficiary designation. If there is no valid beneficiary (or the beneficiary is not living), the plan’s terms may direct payment to a contingent beneficiary, a surviving spouse, or the estate—depending on the plan documents and applicable law.

The Statute

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

This statute establishes that beneficiary designations for employee death benefits (including benefits payable on death under pension/retirement and other employee-benefit plans) are not testamentary and are not subject to the rules that govern transfers by will.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Authority to obtain information: Plan administrators often require proof of legal authority (for example, estate appointment documents) before releasing account details—especially if you are not the named beneficiary.
• Burden of proof and documentation: If there is a dispute about whether a beneficiary designation exists, whether it was changed, or whether it is valid, the evidence and plan records matter.
• Exceptions and competing claims: Issues like divorce-related changes to beneficiary designations can affect who is entitled to benefits under Pennsylvania law. For example, Pennsylvania has rules that can make a revocable spouse-beneficiary designation ineffective after divorce in certain circumstances. See 20 Pa.C.S. § 6111.2.

Trying to handle this alone can lead to delays, denied requests for information, or a distribution being made to the wrong party—followed by expensive litigation to unwind it. A Pennsylvania probate attorney can quickly determine whether the estate should be involved, what documents the plan must be given, and how to respond if there are competing beneficiary claims.

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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.