Does my father’s 401K need to be probated through my mother’s estate if she is not listed as the primary beneficiary?

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Does my father’s 401K need to be probated through my mother’s estate if she is not listed as the primary beneficiary?

He passed away a year ago and my mother just 5 months ago.

Asked on June 20, 2013 under Estate Planning, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your father's 401 k plan is not held in joint tenancy or in trust or there is no desigated beneficiary, then the plan under the laws of all states in this country is subject to a probate if your father passed with a Will and an adminsitration of no Will.


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