Who can claim a life insurance policy?

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Asked March 27, 2015

1 Answer


Life insurance is a type of contract between an individual and an insurance company, where the insurance company promises to pay a sum of money to the designated beneficiary or beneficiaries upon the death of the insured person. The beneficiaries can claim the life insurance policy after the death of the insured. Here are some details on who can claim a life insurance policy:

  • Beneficiaries: The primary and contingent beneficiaries listed on the policy are the individuals who have the right to claim the death benefit. A primary beneficiary is the person who receives the benefit if they are alive at the time of the insured's death. If the primary beneficiary has passed away, the contingent beneficiary will receive the benefit.
  • Estate: If no beneficiaries are named on the policy or if all the beneficiaries have passed away, the death benefit will be paid to the estate of the deceased.
  • Trusts: Some individuals may have created a trust and named the trust as the beneficiary of their life insurance policy. In such cases, the trustee of the trust can claim the death benefit and distribute it according to the terms of the trust.
  • Creditors: In certain situations, creditors may be entitled to claim a portion of the death benefit to cover outstanding debts of the deceased.
  • Legal heirs: If the deceased did not name any beneficiaries, and there is no will or other legal document specifying who should receive the death benefit, the laws of the state in which the individual resided will determine who the legal heirs are.
It is important to note that the life insurance company will require proof of death and other documentation before paying out the death benefit. The beneficiary or their representative should contact the insurance company as soon as possible after the insured's death to initiate the claims process.

Answered April 5, 2015 by Anonymous

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