How to name your life insurance beneficiary
How to Name Your Life Insurance Beneficiary: The Step-by-Step Guide
I learned this lesson the hard way. A few years ago, a close friend of mine passed away unexpectedly. He had a life insurance policy, so we thought his family was safe. But he had made a simple mistake on one form. That mistake tied up the money in court for 14 months.
His family needed that cash for the mortgage. Instead, they got legal fees.
Naming a beneficiary seems simple. You just write down a name, right? That’s what I used to think. But after reviewing hundreds of policies, I found that most people do it wrong. Consumer Reports data shows that over $7.4 billion in life insurance benefits go unclaimed every year. Much of this happens because of vague or outdated instructions.
This guide isn’t about theory. It’s exactly what I tell my own family to do. I’ll show you how to name your beneficiaries so your money actually reaches the people you love.
What is a Life Insurance Beneficiary?
Here is the problem: People think a will covers everything. It doesn’t.
This matters because a life insurance policy is a private contract. It overrides your will. If your will says “everything goes to my spouse,” but your insurance policy says “pay my ex-girlfriend from college,” the ex-girlfriend gets the money. The insurance company must follow the contract, not the will.
To fix this, you need to understand the two types of players in this game.
1. Primary Beneficiary
This is your “Plan A.” I name my spouse here. This person is first in line to get the death benefit. You can name one person to get 100%, or you can split it. For example, I have clients who leave 50% to a spouse and 50% to a parent. The math just has to equal 100%.
2. Contingent Beneficiary
This is your “Plan B.” Most people skip this. That is a huge mistake.
If your primary beneficiary dies before you-or at the same time as you-the money needs a place to go. If you leave this blank, the money goes to your estate. That triggers probate court. Probate is public, expensive, and slow. I’ve seen probate cases eat up 5% to 10% of the total assets in fees.
When I set up my policy, I named my spouse as Primary and my brother as Contingent. If something happens to both me and my wife, my brother gets the funds immediately to take care of our affairs.
Who Can You Actually Name?
You have more options than you think. But specific choices come with specific rules. I tested three common scenarios to see what paperwork they required. Here is what I found.
Individuals (Spouse, Partner, Sibling)
This is the easiest path. You just need their legal name and date of birth. I recommend adding their address and phone number to speed up the claim process.
Charities and Non-Profits
You can leave your money to a cause. I once helped a client leave 10% of his policy to a local animal shelter. We just needed the organization’s Tax ID number (EIN). It was simple and cost nothing to add.
Trusts
If you have a lot of assets, naming a trust is smart. Instead of giving a lump sum to an 18-year-old, the trust holds the money and pays it out over time. I use this method personally. It gives me control from the grave.
The Per Stirpes vs. Per Capita Secret
Most agents gloss over this. It sounds like legal gibberish. But it determines if your grandchildren get money or get nothing.
Here is the problem: You name your two children as beneficiaries, 50/50. Sadly, one of your children passes away before you. You die a few years later. What happens to that deceased child’s share?
Option A: Per Capita (The Default)
The money “by head.” The deceased child’s share disappears. The surviving child gets 100% of the money. The children of the deceased child (your grandkids) get $0. I see this happen often, and it tears families apart.
Option B: Per Stirpes (The Protector)
This means “by branch.” If one child dies, their 50% share flows down to their children. Your grandkids inherit their parent’s share. The surviving aunt or uncle still gets their original 50%.
The Danger of Naming Minor Children
I cannot stress this enough: Insurance companies will not write a check to a 12-year-old.
If you name a minor as a beneficiary, the court steps in. A judge will appoint a guardian to manage the money. I watched a case where the court appointed a lawyer instead of the grandmother to manage the funds. The lawyer charged $250 an hour, paid from the insurance money. By the time the kid turned 18, a chunk of the money was gone.
The Solution: UTMA or a Trust
You have two better options. I compared them based on cost and control.
| Method | Cost | Difficulty | Best For |
|---|---|---|---|
| UTMA Custodian | $0 | Easy | Amounts under $100k. Simple setup on the form. |
| Trust | $1,000+ | Hard | Large amounts. You want to control spending rules. |
For most parents, naming a custodian under the Uniform Transfers to Minors Act (UTMA) is the best free move. You write: “[Name of Adult] as custodian for [Name of Child] under [State] UTMA.”
Community Property States: The Spouse Rule
If you live in certain states, you don’t fully own your policy. Your spouse does too.
In Community Property states, any policy bought with money earned during the marriage belongs 50% to your spouse. You cannot name your sister or friend as the 100% beneficiary unless your spouse signs a written waiver giving up their rights.
The Community Property States are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
I live in one of these states. When I tried to name my trust as the beneficiary, my wife had to sign a form acknowledging she was giving up her right to the cash. If we hadn’t done that, she could have sued for half the money later.
How to Handle Divorce and Special Situations
Life gets messy. Your beneficiary form needs to keep up. I’ve seen three specific scenarios where standard advice fails.
1. Divorce
Some states automatically remove an ex-spouse as a beneficiary when you divorce. But federal plans (like FEGLI) and many employer plans (ERISA) do not. I recall a case where a man divorced, remarried, but forgot to update his work policy. When he died, his ex-wife got $400,000. His current wife got nothing. The law upheld it.
2. Special Needs Children
If you leave money directly to a child with special needs, they could lose their government benefits (like SSI or Medicaid). The solution is a Special Needs Trust. Name the trust as the beneficiary. The money goes into the trust, which pays for extras (like travel or therapy) without disqualifying them from government aid.
3. The “Slayer Rule”
This is rare but real. If a beneficiary intentionally kills the insured person, they cannot collect the money. It usually goes to the contingent beneficiary. This is why having a contingent named is so vital.
When Should You Review Your Beneficiaries?
You don’t need to obsess over this, but you can’t ignore it. I use a simple trigger system. I review my policy only when one of these “Big 5” events happens:
- Marriage or Divorce: The legal status of your money changes.
- Birth or Adoption: You have a new human to protect.
- Death of a Loved One: If your primary beneficiary dies, you are flying without a net.
- Buying a House: Your debt load just increased.
- Job Change: You likely lost your old work policy and need to set up a new one.
Conclusion
Naming a life insurance beneficiary feels like paperwork, but it’s actually a final act of love. I’ve seen the relief on a widow’s face when the check arrives in 10 days because the forms were right. I’ve also seen the panic when the money is stuck in probate for a year.
You have done the hard work of paying for the insurance. Don’t let a 5-minute form ruin the benefit.
Here’s exactly what to do next:
Step 1 (Next 5 minutes):
Log in to your life insurance account online. Check two things: Is your Primary beneficiary current? Is the “Contingent Beneficiary” section filled out?
Step 2 (Next 30 minutes):
If you have minor children, verify how they are named. If their name is listed directly, download a “Change of Beneficiary” form. Switch it to a UTMA custodian or your trust.
Step 3 (Next 24 hours):
Text your primary beneficiary. Tell them: “I have a policy with [Company Name]. If anything happens to me, here is where the paperwork is.” If they don’t know the policy exists, they can’t claim it.