What annuities avoid probate?
Almost all types of annuities—including fixed, variable, indexed, and immediate annuities—avoid probate as long as you name a living, individual or entity beneficiary rather than your own estate.
How Annuities Bypass Probate
- Direct Contracts: An annuity is a private contract between you and an insurance company. When you die, the remaining value or death benefit transfers directly to your named beneficiary.
- No Court Involvement: Because the funds go straight to the beneficiary, they skip the public and costly probate court process.
- Fast Transfer: Beneficiaries usually receive the money in weeks instead of the months typical of probate.
When an Annuity Fails to Avoid Probate
Your annuity will go through probate if:
- You do not name a beneficiary on your contract.
- You name your own estate as the beneficiary.
- Your named primary and contingent beneficiaries have all passed away before you.