Disclaimer: Consumer legal fundings and advances are not loans under applicable financing laws. Rockpoint’s products are non-recourse, meaning if you don’t win your case, you don’t have to pay us back. Receiving financial support in connection with a legal case is typically (and oftentimes incorrectly) referred to as a “lawsuit loan” or “loan.” Therefore, for the ease of search references, these terms may be used in this context to refer to our funding products, but we maintain our separateness from consumer loan products in all legal aspects.
Let’s say you’ve been named the executor of a loved one’s will in Nebraska. You have a thousand questions on your mind—maybe even more. One of them might be, “What am I supposed to do about their life insurance policy during probate?” It’s natural to feel uncertain. Probate can be a long process, and you’re tasked with sorting out someone else’s affairs at a time when emotions often run high. Below, you’ll find some straightforward guidance to help you figure out where life insurance fits into all this.
What Actually Happens During Probate?
Probate is the legal procedure that kicks in after a person dies. You open the estate in court, notify any heirs and creditors, pay off debts, handle taxes, distribute what’s left according to the will (or by state law if there’s no will), and then close out the estate. Simple enough on paper, but it can drag on if there’s a dispute, if the estate is large, or if everyone’s not on the same page. Each situation in Nebraska can play out differently, so it’s important to keep track of deadlines and documents.
Your Role as Executor
If you’re the executor, you’re the go-to person for making sure the probate process moves forward. You’ll probably file paperwork with the county court, keep an eye on any assets, and pay valid bills from the estate. You’ll also stay in contact with heirs and possibly appear in court if needed. The buck more or less stops with you, meaning you’re the one who ensures everything is managed properly.
Do You Handle Life Insurance Through Probate?
Here’s some good news: in most cases, life insurance doesn’t go through probate. That’s because a life insurance policy typically lists a specific beneficiary. As soon as your loved one passes, the money from that policy goes directly to the person (or people) named in it. This direct transfer keeps the funds away from the probate process, so you don’t normally need to worry about distributing that money as the executor. Think of it as a separate, automatic payout that bypasses the court’s involvement.
Other Assets That Also Skip Probate
While we’re on the subject, there are a few other items that usually stay out of probate:
- Any property or bank accounts held in joint tenancy, where ownership passes directly to the surviving co-owner.
- Trust assets, if your loved one put things into a living trust.
- Certain real estate situations, such as a property deed arranged to transfer automatically upon death.
If there’s a clear beneficiary for an asset or a legal structure that avoids probate, the executor doesn’t have to handle it in the estate’s official court proceedings.
Might You Still Lend a Hand With a Life Insurance Policy?
Even though life insurance typically skips probate, you might get involved in small ways. For example, if the policy’s beneficiaries aren’t aware of how to file a claim or don’t know who to contact, you could help by pointing them toward the insurance company. You might also have the contact details for the insurance agent or know how to track down policy information among your loved one’s files. This doesn’t make you legally responsible, but it can spare the beneficiaries some stress.
How Fast Do Life Insurance Proceeds Arrive?
Timelines vary. Some insurance companies pay out within days or a week once they get the necessary paperwork—like a certified death certificate—while others might take longer if they need extra verification. Nebraska’s laws encourage prompt payment, but there’s still some wiggle room. Large policies or multiple beneficiaries can also cause slight delays.
What If Beneficiaries Need Funds Before the Policy Pays Out?
It’s tough enough losing someone close, and money problems can make things harder. Maybe the funeral is expensive, or there are immediate bills that can’t wait. Beneficiaries who need quick access to cash sometimes look into financing products known as probate advances or inheritance funding. These allow them to tap a portion of their future inheritance or estate payout right away, including life insurance proceeds if they’re expecting them. The idea is they get a chunk of money now in exchange for a share of their inheritance later. It’s an option that might bridge the gap when life insurance (or other estate funds) are still in limbo.
Rockpoint Probate Funding, for example, offers this type of funding. If you apply and get approved, you might receive money in a relatively short time. That can help cover funeral costs, mortgage payments, or any other pressing bills.
Contacting Rockpoint for Help
If life insurance benefits aren’t arriving as quickly as you need—or if there’s another part of the inheritance that won’t show up until probate is finished—you can look into a probate advance from Rockpoint. Just give us a call at (888) 263-8588 to learn more. We’ll walk you through how this funding works and see if it’s a suitable fit for your situation.
Final Thoughts for Executors
While you tackle the responsibilities of probate, remember that not all assets fall under your watch. Life insurance policies with designated beneficiaries usually stay out of the court’s domain, letting those funds pass directly to the appropriate people. As executor, that can be one less hassle for you, leaving you free to focus on the assets that actually do require probate.
Of course, if the beneficiaries ask for a little guidance—like where to send the claim forms or what documents they need—you can choose to help them. But ultimately, life insurance belongs to the beneficiaries named in the policy, and they should receive that money regardless of anything going on in probate. If any beneficiary needs money sooner than later, they can explore an inheritance advance or probate funding to get short-term relief.
This period of life isn’t easy. You’re grieving the loss of someone dear while also handling a stack of administrative details. But knowing where life insurance stands in the grand scheme of probate might reduce a bit of the confusion—and help you keep the focus on what really matters during a difficult time.
