What happens if a beneficiary dies after the death of the decedent?
If a beneficiary is alive at the death of the decedent but dies prior to distribution, the beneficiary’s estate is the proper payee of any gift or devise made under a will or as part of an intestate distribution. However, be aware that many wills have a time period during which a beneficiary must survive the decedent. Generally, most wills provide 120 hours, and if the beneficiary dies within 120 hours of the decedent, then the gift lapses. See also: Section 64.1-104.2, Code of Virginia. Otherwise, distributions should be made to the administrator or executor of the estate of the deceased beneficiary who dies after the decedent. Generally, except where the beneficiary is to receive less than $15,000.00 (Section 64.1-123.3 ,Code of Virginia (1950), as amended, someone must qualify on the estate of the deceased beneficiary and must give you a receipt on behalf of the estate of the deceased beneficiary for all property and/or money paid to the beneficiary’s estate.
