401k participant dies - who are we dealing with?

[Santo Gold]

We have a 401k plan participant who passed away recently.  Her spouse died a few years ago and there is no beneficiary named.

In this case then we would deal with her estate.

But how (far) and what verification is needed to determine who is responsible?  I assume we would need to see a copy of her will to see who is the named executor which would settle that.

But (gulp) if there is no will, what would be the procedure?  We can't just have a family member jump in without any verification and work everything out through them?

Thank you

[Kevin C]

That's a question that needs be directed to an attorney familiar with applicable state law.

I'm the executor of my Dad's estate.  After the court hearing to approve me as executor, the court provided a Letters Testamentary that shows I'm the executor of the estate.  I'm in Texas, but would expect something similar in other states. The client's legal counsel should be able to tell them what kind of documentation is needed to show who represents the estate. If the participant didn't have enough assets to justify opening an estate, most states have rules for dealing with small estates without formally opening an estate. Again, the client's legal counsel should be able to assist.

Just being named in the will as the executor doesn't necessarily mean they are the executor.  At least in my state, the executor has to be approved by the court, if an estate is opened. Approval may just be a formality, but I did have to agree to it.