Are Life Insurance Proceeds Subject to Probate?

  • Probate
Watch: Probate Attorney Mario Godoy Explains If Life Insurance Proceeds Are Subject to Probate?

Not every estate is required to go through probate. Probate is an official process intended to ensure that taxes and debts are paid, and that remaining assets are distributed in accordance with the law. In many situations, formal probate is required only when the assets solely owned by the deceased are valued at more than $100,000.

Probate can be expensive, take months or even years and cause additional stress on your loved ones. Estate and Probate Legal Group probate attorney Mario Godoy has the information you need to know about whether life insurance proceeds are subject to probate.

Watch: Estate Planning Attorney Mario Godoy Explains If Life Insurance Proceeds Are Subject to Probate?

In this video, we are going to answer the question “Are life insurance proceeds subject to probate court?”


A life insurance policy is a contractual instrument and proceeds are generally transferred directly to the designated beneficiary in the policy. So in most cases, there is no probate court involved. However, insurance policies payable to the deceased person’s estate are subject to probate.


Generally speaking, life insurance proceeds are payable upon application to the insurance company by the beneficiary. You will likely be required to produce the deceased’s death certificate.


However, you’re loved one may have other property that is subject to probate court. It is important that you identify that property and figure out how to properly distribute it. 


If you have any questions on how to deal with your loved one’s property, please call us for a consultation. 

DuPage County Probate Attorney

Do you have questions avoiding the expense and stress of probate? Our experienced probate attorneys in Lombard, Illinois can advise you on the best options to protect your assets and loved ones. To talk to an estate planning attorney contact the Estate & Probate Legal Group at 630-687-9100. 

We provide legal services in Cook, DuPage, Kane, Lake, and Will counties.