Does the beneficiary on my ROTH IRA receive the account immediately on my death or does it have to go through probate?

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Does the beneficiary on my ROTH IRA receive the account immediately on my death or does it have to go through probate?

Asked on October 19, 2011 under Estate Planning, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Accounts such as IRA's pensions, 401k's, insurance policies and the like, are not part of a deceased's estate. This means that they do no go through probate. They are paid out directly to the listed beneficiary (or to the contingent beneficiary if the primary is deceased). And they are paid out more quickly than assets of a probated estate. The fact is that, compared to other IRA's, a Roth IRA is a better way to pass large amounts of money and avoid probate.


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