Do IRA’s go through probate?

Dear Liza: My sister has an IRA naming her three children as beneficiaries. They are all adults. My sister is quite ill and she doesn’t have a living trust. Will her IRA have to go through probate before it can be transferred to her children? That is such a great question–for two reasons. First, it’s so important: for many people, a retirement account is the largest asset that they will be leaving to their children. Second, I have a really clear answer, not one of those, “well-it’s-complicated” kind of blog posts. NO, IRA’S DO NOT GO THROUGH PROBATE IF THEY HAVE NAMED BENEFICIARIES. NEITHER DO LIFE INSURANCE PROCEEDS.  Probate was invented in merry old England to avoid fraud after a person died. Way back when, if the lord died, the evil nephew could easily steal the castle because no one was really looking out for the interest of the dead lord. Probate is about freezing the estate until the Will is proven valid, heirs are identified and contacted, debts are paid, and conflicts resolved.  At the end of the process, the assets are give to those named in the Will. But IRA’s, and other retirement accounts (such as Roth IRA’s, 401-K’s, 403-B’s, and the like) have named beneficiaries. The companies who administer these assets are contractually bound to give these assets to the named beneficiaries on those contracts. No possiblity of fraud; no probate.   If evil nephew Fred asks Vanguard to give him the IRA, Vanguard won’t, unless Fred is the named beneficiary for that account. One caveat: if you named ‘my estate’ as the beneficiary, that would require a probate of retirement assets, so don’t do that.