What Happens to an Annuity When the Beneficiary Dies
The annuity contract determines what happens to the money after the beneficiary's death
When an annuity owner dies, the contract itself does not end automatically. Instead, the annuity's terms — specifically the payout option chosen when the contract was written — dictate what happens next. Some annuities stop paying out entirely and the remaining balance goes to the insurance company. Others continue paying to a named beneficiary, or return the unused balance to the deceased's estate. The outcome depends entirely on which payout structure was selected at purchase.
This is why the original annuity contract matters more than almost any other document. If you are the beneficiary of someone's annuity, or if you own an annuity and want to know what your heirs will receive, you need to locate that contract and read the payout option section. The insurance company that issued the annuity can also tell you what happens under the specific terms.
Key Takeaways
- Life-only annuities stop paying when the owner dies, and any remaining balance stays with the insurance company — no money goes to heirs.
- Joint-and-survivor annuities continue paying to a surviving spouse or named beneficiary after the owner's death, usually at a reduced rate.
- Period-certain annuities may provide payments for a set number of years; if the owner dies before that period ends, payments continue to the beneficiary for the remaining years.
- The insurance company will need a death certificate and proof of the beneficiary's identity before releasing any remaining funds or continuing payments.
- Inherited annuities have different tax rules than other inherited assets, and the beneficiary may owe income tax on distributions.
Life-Only Annuities: What the Owner Receives, the Insurance Company Keeps
A life-only annuity (also called a straight-life annuity) pays the owner a fixed amount each month for as long as they live. The moment the owner dies, the payments stop completely. Any money remaining in the annuity — the balance that has not yet been paid out — belongs to the insurance company and does not go to heirs or an estate.
This structure offers the highest monthly payment because the insurance company is betting on how long the owner will live. If the owner lives longer than average, they receive more total money. If they die sooner, the insurance company keeps the difference. Because of this risk to heirs, life-only annuities are less common than they once were, and many financial advisors recommend them only for people with no dependents or significant other assets.
If you own a life-only annuity and want your heirs to receive something after you die, you would need to choose a different payout option before you start taking payments. Once payments begin, the structure cannot be changed.
Joint-and-Survivor Annuities: Payments Continue to a Spouse or Named Beneficiary
A joint-and-survivor annuity pays the owner during their lifetime and then continues paying a surviving spouse or other named beneficiary after the owner's death. The monthly payment to the survivor is usually smaller than what the original owner received — often 50 percent or 75 percent of the original amount, depending on the contract terms.
This is the most common choice for married couples or owners who want to leave income to a dependent. The surviving beneficiary receives payments for the rest of their life, just as the original owner did. The insurance company continues making monthly deposits to the beneficiary's bank account or mailing checks, depending on how the annuity was set up.
The beneficiary does not have to do anything to "set up" the continuation of payments — the insurance company's records automatically trigger the switch. However, the beneficiary should notify the insurance company of the owner's death by sending a death certificate so the company can update its records and may support payments continue without interruption.
Period-Certain Annuities: may provide Payments for a Fixed Number of Years
A period-certain annuity guarantees payments for a specific number of years — commonly 10, 15, or 20 years — regardless of whether the owner is alive. If the owner dies before the period ends, the remaining payments go to the named beneficiary for the rest of that may provide period.
For example, if an owner purchased a 20-year period-certain annuity and died after 7 years, the beneficiary would receive the same monthly payment for the remaining 13 years. Once the 20-year period is complete, all payments stop and the annuity is exhausted.
This structure protects heirs from losing the entire remaining balance if the owner dies early. It also typically offers a higher monthly payment than a joint-and-survivor annuity because the insurance company's obligation is limited to a set number of years rather than potentially decades of survivor payments.
What the Beneficiary Must Do After the Owner's Death
The beneficiary's first step is to notify the insurance company of the owner's death. Contact the company using the phone number on the annuity statement or contract, or visit the company's website to find the claims or beneficiary services department. Have the annuity contract number and the owner's Social Security number ready.
The insurance company will request a certified copy of the death certificate. You can obtain this from the county clerk's office or vital records department in the county where the death occurred. Most insurance companies require an original or certified copy, not a photocopy. Some will accept electronic copies if they are certified by the vital records office.
The insurance company may also ask for proof of the beneficiary's identity — a driver's license or passport — and a completed claim form. Processing times vary by company but typically take two to four weeks. During this time, the company verifies the death and confirms the beneficiary's identity before releasing funds or resuming payments.
Tax Consequences for the Beneficiary
Inherited annuities are subject to income tax, unlike some other inherited assets. The beneficiary must pay income tax on any distributions they receive, whether those are monthly payments or a lump-sum withdrawal of the remaining balance. The tax is owed on the earnings portion of the annuity — the money the original investment grew into — not on the owner's original contributions.
The insurance company will send the beneficiary a 1099-R form each year showing how much was distributed and how much of that is taxable. The beneficiary reports this income on their federal tax return. The tax rate depends on the beneficiary's overall income and tax bracket for that year.
If the beneficiary chooses to take a lump-sum payment of the entire remaining balance instead of receiving monthly payments, they will owe income tax on all the earnings in that single year, which could push them into a higher tax bracket. Some beneficiaries prefer to take monthly payments over time to spread the tax burden across multiple years.
What Happens If There Is No Named Beneficiary
If the annuity owner did not name a beneficiary on the contract, or if the named beneficiary died before the owner, the remaining balance becomes part of the owner's estate. The estate's executor or administrator must file a claim with the insurance company, providing a copy of the death certificate and proof of their authority to act on behalf of the estate.
The remaining balance is then distributed according to the owner's will, or according to the state's intestacy laws if there is no will. This process is slower than direct beneficiary payment because it goes through probate court, and it may result in additional legal fees and delays.
This is why financial advisors recommend reviewing the beneficiary designation on an annuity every few years, especially after major life events like marriage, divorce, or the birth of children. Updating the beneficiary takes only a phone call or a form to the insurance company and costs nothing.
Frequently Asked Questions
Can a beneficiary refuse to inherit an annuity?
Yes. A beneficiary can disclaim their interest in the annuity, which means the funds pass to the next named beneficiary or to the estate. This is sometimes done for tax reasons or if the beneficiary does not want the responsibility. The disclaimer must be made in writing to the insurance company within a specific time frame, usually nine months after the owner's death. Consult a tax professional before disclaiming, as there may be tax consequences.
What if the beneficiary is a minor?
The insurance company will not release funds directly to a minor. Instead, the funds are held in trust or released to a court-appointed guardian or conservator. The parent or guardian can then manage the annuity on the minor's behalf. Some annuities allow the funds to be held in a custodial account until the minor reaches age 18 or 21, depending on state law.
Can the beneficiary change the payout option after inheriting?
This depends on the annuity contract. Some contracts allow the beneficiary to elect a different payout option, such as taking a lump sum instead of monthly payments. Others require the beneficiary to continue with the original payout structure. Check the contract or ask the insurance company what options are available.
Is there a time limit to claim the annuity after the owner dies?
There is no federal time limit, but state laws vary and the insurance company's own policies may set important date. It is best to notify the company as soon as possible after the owner's death. Delaying could result in missed payments or complications if the beneficiary cannot be located later.
What if the owner and beneficiary die in the same accident?
Most annuity contracts include a survivorship clause stating that the beneficiary must survive the owner by a certain number of days — often 30 or 60 days — to inherit. If both die at the same time or the beneficiary dies within that period, the funds go to the next named beneficiary or to the estate. Check the contract to see what survivorship requirement applies.
This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.