A spouse can receive the death benefit from a life insurance policy even if no beneficiary is named, but the payout may be delayed while the insurance company verifies the spouse's claim. The policy's terms and the state's intestate succession laws determine the exact procedure.
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Policy Terms and the Role of Beneficiary Designation
Most life insurance contracts allow the policyholder to name one or more beneficiaries. If none are listed, the insurer will treat the policy as a "non‑beneficiary" policy. In that case, the insurer must determine who is entitled to the proceeds.
Spouse Eligibility Under State Law
In most U.S. jurisdictions, an intestate spouse—meaning a spouse of a deceased who left no will—has priority over other relatives. The insurer will typically pay the death benefit to the surviving spouse before any other heirs, unless a will or trust specifies otherwise.
Practical Steps for the Spouse
1. Contact the insurer promptly and request the claim form. 2. Provide a death certificate and proof of marriage, such as a marriage license or certificate. 3. Submit any required documentation, such as a copy of the policy or proof that no beneficiary was named.
Timing and Potential Delays
Because the insurer must verify that no beneficiary exists and confirm the spouse's eligibility, the payout can take several weeks to a few months. If the insurer discovers a previously named beneficiary, the benefit may be redirected accordingly.
Tax and Estate Considerations
Life insurance proceeds are generally tax‑free to the beneficiary, but if the spouse receives the benefit as part of an intestate estate, the payout may become part of the estate's value for estate tax purposes, depending on the state and the total estate value.