Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts override whatever your will says - completely bypassing probate and your will's instructions entirely. This checklist walks through common account types to identify designations you may have overlooked or forgotten to update.
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An estate planning attorney reviews your complete estate plan alongside your beneficiary designations to ensure everything works together consistently, and can help coordinate updates across multiple accounts. Free initial consultation in most areas.
Assets with a valid beneficiary designation - retirement accounts, life insurance, payable-on-death (POD) and transfer-on-death (TOD) accounts - pass directly to the named beneficiary by contract, completely outside of probate and independent of whatever your will says. Even if your will explicitly states something different, the beneficiary designation controls for these specific assets.
This is one of the most common and consequential estate planning mistakes: someone updates their will after a divorce but forgets that their ex-spouse is still the named beneficiary on their 401(k) or life insurance policy, meaning the ex-spouse still receives that asset regardless of the updated will. Beneficiary designations need to be reviewed and updated independently, not assumed to be automatically covered by will updates.
Use the will and testament builder to address your residuary estate, but remember these designated accounts need separate, direct attention with each account provider.
Just like will provisions, many beneficiary designation forms allow specifying "per stirpes" (so a predeceased beneficiary's share passes to their children) versus "per capita" or simple redistribution among surviving beneficiaries. Many people never actively choose between these options and default to whatever the form's standard setting is, without realizing there's a meaningful choice being made either way.
This is particularly important for beneficiaries with their own children - failing to specify how a predeceased beneficiary's share should be handled can result in outcomes that don't reflect what you'd actually want for that branch of the family.
Naming a minor child directly as a beneficiary on a retirement account or life insurance policy typically creates complications - minors generally can't directly receive or manage significant assets, meaning a court-supervised guardianship of the estate may be required to manage the funds until the child reaches adulthood, adding cost, delay, and court oversight that could have been avoided with proper planning.
A common alternative is naming a trust for the benefit of minor children as the designated beneficiary instead of the children directly, allowing a trustee to manage and distribute funds according to your specified terms without court-supervised guardianship. If you have minor children, review this specifically with an estate planning attorney rather than simply listing the children's names on the beneficiary form. Our living trust vs. will guide and estate tax estimator can help you think through how this fits into your broader estate plan.