What happens if a beneficiary dies during the probate process?

• If a beneficiary dies during the probate process, what happens next is affected by timing and what is written in the will. 
• If there is a survivorship clause that a beneficiary doesn’t meet, they might lose their inheritance.
• For beneficiaries waiting on an inheritance, Provira’s Inheritance Advance provides almost immediate access to up to 50% of their expected inheritance.

If a beneficiary dies during the probate process, most of the time it passes into their own estate to be distributed according to their will, if there is one. 

The exception is when a beneficiary dies within what’s called a survivorship period. 

A survivorship clause is common in modern day wills and outlines that the beneficiary must survive the deceased by a specific amount of time in order to inherit.

If the beneficiary dies within this period of time, their portion of the inheritance will either go back into the original estate to be redistributed according to what’s outlined in the will, or it will be passed down to the surviving descendants of the beneficiary.

A death within this context is often surrounded by its own grief, and can add to the existing emotional strain by bringing further delays to the probate process for the other beneficiaries. 

We know this can be tricky to navigate, but luckily, our Inheritance Advance can help.

By taking out our loan, beneficiaries can access up to 50% of their inheritance within days. 

We keep costs low by only charging simple interest, not compound interest, not charging early repayment fees if everything wraps up sooner than expected, and not asking for monthly repayments. We’re simply repaid in full once funds are released from the estate.

Plus, we dedicate a compassionate member of our underwriting team to guide you through the process from start to finish.

To get started, fill out our form today. We’ll be in touch very soon.

What is probate?

Probate is the legal process of granting an executor the authority to deal with the deceased’s estate. It involves locating assets, paying off debts and taxes and distributing inheritances to beneficiaries. 

The amount of time it takes to process a probate application can vary. It typically takes between 9 and 12 months to complete, although estates that are more complex can take longer. 

When probate takes a significant amount of time to process (estates can take years to resolve) a beneficiary might die before ever receiving what they’re owed.

In this case, it can further impact the probate timeline, delaying the distribution of inheritances to other beneficiaries. 

Who inherits if a beneficiary dies during probate?

This depends on when they die. If the beneficiary dies during probate and their inheritance has been legally confirmed as theirs, their inheritance becomes part of their estate and will be distributed according to their own will.

For estates where there is no will, there’s a statutory 28-day survival requirement.

Some wills also contain what’s called a survivorship clause. This outlines a specific time period the beneficiary needs to live for, beyond the deceased’s date of death, in order to receive their inheritance.

If the beneficiary dies before the time has passed, the process could go in two different ways.

1. The inheritance is returned to the estate to be redistributed according to what is outlined in the will.
2. Under Section 33 of the Wills Act 1837, if the beneficiary was a child or descendant of the original testator, the inheritance could go to their surviving descendants, unless the will has outlined otherwise.

These are two options, but legal advice is often required to determine what happens on a case by case basis. 

Being a beneficiary and waiting for a situation like this to be resolved can take time. 

The confusing legal limbo of being put in this position is where Provira’s Inheritance Advance offers a simple way forward.

Chat to our team to get started, we’re here to help.

How does a survivorship clause work?

A survivorship clause is the section of a will which outlines how long a beneficiary must survive after the deceased’s date of death. The time period is commonly 28 or 30 days. 

If a beneficiary dies within this time period, their inheritance becomes ‘lapsed’ and could be returned to the estate. 

This is commonly included in modern day wills, but it’s optional. 

Let’s walk through the impact a survivorship clause can have:

1. 1. Will with a survivorship clause: the beneficiary must survive the deceased by whatever period the will outlines. If they die before that time is up, the gift lapses back into the estate and never formally becomes the beneficiary’s asset.

• It’s important to note that if a beneficiary was a child or direct descendant, they could be affected by the Section 33 exception outlined in the section above.

1. Will with no survivorship clause: the beneficiary has no defined set of time that they need to survive the deceased by. If they were alive at the time of death, the gift is immediately included in their own estate.

Ultimately, a survivorship clause is a key factor that could influence the way in which an inheritance is handled when a beneficiary dies during the probate process. 

Can a will name substitute beneficiaries?

Yes they can and it’s a useful thing to consider when you’re writing your will.

It’s often used alongside survivorship clauses to avoid a gift lapsing and having no predetermined recipient. 

In short, it’s where the testator, or deceased, has named an alternative person or party to inherit a gift if the beneficiary originally chosen doesn’t survive them or doesn’t live past the survivorship period. 

In practice, this could be included in a will along the lines of ‘I give my house to my daughter. If she doesn’t survive me by 30 days, it’s given to her children in equal shares’. 

We go into the ways to distribute your estate in more detail here.

Regardless of whether a beneficiary is the original recipient or not, the wait for an inheritance can feel endless.

Our Inheritance Advance gives beneficiaries access to up to 50% of their inheritance within days, allowing them to avoid becoming wrapped up in a confusing legal process and move forward with confidence.

Read more about it here.

How Provira’s Inheritance Advance can help

When a beneficiary dies during the probate process, whether an inheritance lapses back into the original estate or is passed onto a second estate, probate is often delayed, leaving all other beneficiaries waiting.

And when probate can take months to process even in the most simplest of cases, the wait can feel endless. 

Provira’s Inheritance Advance gives beneficiaries access to up to 50% of their inheritance early, without waiting for probate to finish. 

This means if there are any disruptions that would delay the probate timeline, such as the death of a beneficiary, you’re unaffected.

Taking out our Inheritance Advance means:

• No need to wait for probate to finish
• No credit checks
• No compound interest payments, only simple interest
• No monthly repayments
• No need to put down any collateral

We even take away the stress of paying the loan back, as repayment is provided directly from the estate as soon as the funds are released.

Ready to get started? Speak to our team about an Inheritance Advance here.