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Key Takeaways
- Your 401(k) passes to the person you name on a beneficiary form—not through your will.
- Spouses and non-spouses face different rules and tax implications when inheriting a 401(k).
- Forgetting to update your beneficiary or leaving it blank can lead to probate and unintended recipients.
Your 401(k) could be one of your biggest assets. But what happens to it after you die?
Unlike other parts of your estate, a 401(k) doesn’t get handled through your will. It follows a different path—and if you haven’t paid attention, that path might lead somewhere you didn’t intend.
Below, we break down what happens to a 401(k) after death, who gets the money, and what your beneficiaries need to do next.
1. Your 401(k) Passes to the Beneficiary—Not Through Your Will
The most important thing to know about what happens to your 401(k) once you die is that it doesn’t automatically become part of your estate—it transfers directly to the named beneficiary, said Daniel Milks, founder of Woodmark Advisors. That means whoever is listed on your account receives the funds, regardless of what your will says.
Check your beneficiary status by contacting your plan provider, typically through your employer’s human resources (HR) department or the financial institution managing your 401(k). It’s essential to confirm not only your primary beneficiary but also a contingent one in case the primary is unavailable.
“Naming someone in your will is not enough,” said Michael Helveston, founder of Whitford Financial Planning. “The named beneficiary for 401(k)s, life insurance, IRAs, and similar accounts will be upheld even if the will says something else.”
2. Help Your Beneficiaries Understand What They’ll Need to Claim Your 401(k)
A 401(k) provider won’t automatically cut a check after someone dies.
“The plan administrator is responsible for processing the transfer, but it’s up to the beneficiary to initiate the paperwork,” Milks said.
That usually involves sending a death certificate and completing forms such as a distribution request form or a rollover election.
Once the death is reported to the vital records office, death certificates will be issued, Helveston said, adding that a good rule of thumb is to get 10 of them. That’s because each financial institution involved in holding the deceased’s accounts—like their 401(k) provider or banks—will likely require its own copy to process the transfer of the 401(k) and other assets.
3. Learn the Tax Rules for 401(k) Inheritance Based on Who Inherits It
Spouse beneficiaries have many more options than non-spouses, Helveston said.
They can take a lump-sum distribution, leave the inherited account as a beneficiary account, or roll the balance into their own individual retirement account, thereby preserving the tax-advantaged status.
Non-spouse beneficiaries, on the other hand, can’t roll over funds and typically must withdraw the full amount within 10 years due to the SECURE Act—a change that can trigger significant tax bills because the withdrawals are treated as taxable income, potentially pushing the beneficiary into a higher tax bracket.
Also important: Pretax 401(k) balances will be taxed upon withdrawal, while Roth 401(k) balances will generally not be taxed upon withdrawal, Helveston said.
4. Review Your Beneficiary Forms Often
Remember that beneficiary forms trump everything, and that means you should be intentional about ensuring they are up to date.
“I’ve seen people unintentionally leave assets to ex-spouses or disinherit someone just because they never updated the form,” Milks said. “You need to check this every time there’s a major life change.”
These forms are typically administered by the financial institution managing your 401(k) or your employer’s HR department. Again, don’t forget contingent beneficiaries, in case your primary beneficiary isn’t around.
Finally, be sure you named a beneficiary in the first place.
“The most common mistake I have seen is that there is no beneficiary named at all,” Helveston said. In that case, the account may have to go through probate—a costly, time-consuming legal process.
Tip
Another mistake? Acting too fast. “Pause before you withdraw anything,” Milks said. He advised talking to a financial advisor first, which can help you understand the tax implications and your options, especially if there’s flexibility in how or when funds can be accessed.
The Bottom Line
Your 401(k) doesn’t follow your will—it follows your paperwork, so the decisions you make while alive will have important implications when you die. To ensure your money ends up where you want it, name your beneficiaries carefully, update them regularly, and make sure your heirs know what to do. It’s one of the most important (and most overlooked) steps in building a lasting financial legacy.
