You want things to be easier for the people you love. You’ve set up a policy, picked beneficiaries, and tried to cover the essentials. But you may still wonder: Does life insurance go through probate, and could that create delays? It’s a reasonable concern, especially when you’re trying to spare your family extra paperwork and stress.
The answer is usually no. With the right designations in place, benefits are paid directly to your beneficiaries. That means faster access to funds and fewer court steps during a difficult time. In the sections below, we’ll explain when payouts skip probate, the exceptions to watch for, and simple steps you can take today to keep things clear and stress-light for your family.
What is probate, and why does it matter?
Probate is the court’s way of wrapping up an estate — confirming the will, appointing a representative, paying debts, and then distributing what remains.¹ It’s necessary, but it can take time and add costs, which can feel heavy for families already coping with loss. That’s where life insurance helps: it’s built to get money to loved ones quickly, often without extra court steps.
Does life insurance go through probate?
The good news is, when your policy names a clear, living beneficiary, the payout usually skips probate.² That’s because life insurance is a contract — meaning that the insurer pays the named person directly, not the estate.
There are a few exceptions. For instance, if no living beneficiary is listed and the benefit goes to the estate, the proceeds can become part of the estate and move through probate.³ In this case, the funds may be used to pay debts or taxes before your loved ones receive what remains.
When life insurance does go through probate
Even though life insurance policies are designed to avoid probate, there are a few situations that can cause them to be included in an estate:3
- No living or named beneficiary: If all listed beneficiaries have passed away or none are named, the proceeds go to the estate.
- The beneficiary can’t be located: If the beneficiary can’t be found, this will trigger probate.
- The beneficiary is a minor: In this case, a court-appointed guardian or trustee may be needed to manage the funds.
Why this matters for life insurance planning
Most people purchase life insurance to bring their families peace of mind — a promise that loved ones will be cared for during a difficult time. But if a policy ends up in probate, that help can be delayed or reduced along the way.
Even when you’ve done your best to ensure that a policy will avoid probate, it’s still worth thinking about the bigger picture. Talking with a financial or estate-planning professional can help you set things up, so your coverage works exactly as you intend. Simply put, taking time now to review and update your life insurance details can spare your family unnecessary stress later.
Steps to help ensure a smooth payout
A few simple actions today can make a major difference tomorrow:3
- Review your policy regularly. Ensure that each beneficiary is correctly listed, their name is spelled properly, and they are still living.
- Add a contingent beneficiary. This ensures that someone else can receive the benefit if your primary beneficiary cannot.
- Update after life events. Marriage, divorce, or the birth of a child are key times to check your policy details.
- Consider a trust. If you want control over how and when funds are distributed — especially for minors — naming a trust as beneficiary can be helpful.
- Store documents safely. Keep your policy, the contact information for the insurer, and claim instructions in a place your loved ones can easily find.
- Consult a professional. An estate attorney or financial advisor can help you align your policy with your overall plan.
The bottom line
When set up correctly, life insurance does exactly what it’s meant to do — give your loved ones financial stability when they need it most, without added court processes or long delays. Taking time now to review your policy and keep your beneficiary information current helps make certain that your family’s support will arrive without unnecessary stress or confusion.
Life may be unpredictable, but your legacy doesn’t have to be. Keeping everything up to date — checking names, keeping documents organized, and revisiting your plans after major life events — can make all the difference in helping your loved ones feel supported and secure for years to come.
Sources:
1 Investopedia – Probate: What It Is and How It Works With and Without a Will. Updated November 20, 2025. https://www.investopedia.com/terms/p/probate.asp. Accessed November 26, 2025.
2 Everly Life – Does Life Insurance Go Through Probate? Estate Planning and Beneficiaries. Updated 2025. https://www.everlylife.com/education/does-life-insurance-go-to-probate. Accessed November 26, 2025.
3 Law Office of Mitchell A. Port – Probate and Life Insurance: When Does Life Insurance Get Drawn Into Probate? Updated November 18, 2024. https://www.askmyattorney.net/blog/2024/november/probate-and-life-insurance-when-does-life-insura3/. Accessed November 26, 2025.
Content within this article is provided for general informational purposes and is not provided as tax, legal, health, or financial advice for any person or for any specific situation. Employers, employees, and other individuals should contact their own advisers about their situations. For complete details, including availability and costs of Aflac insurance, please contact your local Aflac agent.
Aflac coverage is underwritten by American Family Life Assurance Company of Columbus. In New York, Aflac coverage is underwritten by American Family Life Assurance Company of New York.
Aflac life plans – A68000 series:
Term Life Policies:
In Arkansas, Idaho, Oklahoma, Oregon, Texas, Pennsylvania & Virginia, Policies: ICC1368200, ICC1368300, ICC1368400.
In Delaware, Policies A68200, A68300 & A68400.
In New York, Policies NY68200, NY68300 and NY68400.
Whole Life Policies:
In Arkansas, Idaho, Oklahoma, Oregon, Texas, Pennsylvania & Virginia, Policies: ICC1368100.
In Delaware, Policy A68100.
In New York, Policy NYR68100.
B60000 series:
In Arkansas, Idaho, Oklahoma & Virginia, Policies: ICC18B60C10, ICC18B60100, ICC18B60200, ICC18B60300, & ICC18B60400.
Not available in Delaware.
Q60000 series/Whole:
In Arkansas & Delaware, Policy Q60100M.
In Idaho, Policy Q60100MID.
In Oklahoma, Policy Q60100MOK.
Not available in Virginia.
Q60000 series/Term:
In Delaware, Policies Q60200CM.
In Arkansas, Idaho, Oklahoma, Policies ICC18Q60200C, ICC18Q60300C, ICC18Q60400C.
Not available in Virginia.
Coverage may not be available in all states, including but not limited to DE, ID, NJ, NM, NY, VA or VT. Benefits/premium rates may vary based on state and plan levels. Optional riders may be available at an additional cost. Policies and riders may also contain a waiting period. Refer to the exact policy and rider forms for benefit details, definitions, limitations, and exclusions.
Aflac WWHQ
1932 Wynnton Road
Columbus, GA 31999
Aflac New York
22 Corporate Woods Boulevard, Suite 2
Albany, NY 12211
