Such an issue will need to be decided by the insurance provider and by the laws of the state where the deceased resided. When a beneficiary is named for a death benefit it the payout is not subject to state probate laws. When there is no beneficiary named, either the state default law will apply or the probate succession laws apply. It would be in the best interest of the involved party to consult with an attorney on the exact procedures required under the laws of the state. Most attorneys offer free or minimal fee consultation, and all state bar associations have a free referral service to help aid a person in finding a qualified attorney. Also the person might wish to visit American Bar Association Net for a list of qualified attorney's in the area in which they live, http://www.abanet.org
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