- 1). Obtain a copy of the document that established or created the retirement account. In some cases, a retirement account includes a provision to establish a residual or contingent beneficiary. This designated beneficiary is an individual who inherits the remaining proceeds in a retirement plan upon the death of the original owner.
- 2). File a claim with the company that manages or oversees the retirement plan. The company likely has standard forms to use for this purpose.
- 3). Review the will of the deceased individual if the retirement plan documents have no provisions that govern the inheritance of the remaining proceeds.
- 4). Determine if the will establishes who inherits the outstanding proceeds in the retirement plan. The individual listed to receive these benefits in the will theoretically needs to take no affirmative action, provided that the will is filed with the probate court and the probate process begins.
- 5). File a claim with the probate court if the executor of the will does not follow through on setting aside the retirement plan to you as designated in the will. The court will act on your claim and, if appropriate, order the proceeds from the retirement plan to you.
- 6). Petition the court to establish an estate if there is no will and no mechanism in the retirement plan documents for you to receive the outstanding benefits in that program. The clerk of the court provides standard forms to use to petition the probate court to open an estate.
- 7). File a claim with the probate court in the estate case requesting that the outstanding benefits in the retirement account be set aside to you.
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