What Happens to Your Retirement Account When You Die?
Schedule A consultationWhat Happens to Your Retirement Account When You Pass Away?
Whether your retirement account is a 401K or an IRA, it is likely to be one of your largest assets by the time you retire.
A retirement account is also an important part of a comprehensive estate plan. But what happens to the balance of this account
after your passing?
Beneficiaries
When your retirement account was created, you completed a beneficiary form. The person listed as the beneficiary will receive
the remaining balance in the account. It is important to keep this information updated, especially since major life events
can occur over the many years the account exists.
Avoiding Probate
One major benefit of having a named beneficiary is that the account can avoid probate — the legal process of administering an estate.
Avoiding probate allows funds to transfer more quickly, helping beneficiaries meet immediate needs.
Spousal Rights
Many retirement plans require that a spouse be named as the primary beneficiary. Some plans allow you to name another beneficiary
only if your spouse gives written, notarized consent. This is why it is essential to review all beneficiary forms — for both
retirement accounts and life insurance — after major life events such as marriage, divorce, childbirth, or purchasing a home.
Consequences for a Beneficiary
A beneficiary will have several options for handling the account, depending on whether they are a surviving spouse.
Common options include:
- Rolling the funds into their own retirement plan (for surviving spouses);
- Cashing out the account completely;
- Electing to continue treating the account as the deceased spouse’s account.
An estate planning attorney can help ensure that your retirement plan aligns with your overall estate plan and long-term goals.
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Our Practice Areas in Colorado Springs and Denver
At Hammond Law Group, we focus on helping Colorado families build strong, forward-looking estate plans that protect assets and preserve family harmony.
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Getting Started Has Never Been Easier — Attend a Workshop or Webinar
At Hammond Law Group, we believe that the foundation of good estate planning lies in knowledge and understanding. Our approach starts with education. Join our highly informative workshop on wills, trusts, estate planning, and more, where we provide you with comprehensive information to get you started in designing your personalized plan.
By attending our workshop or webinar, you not only … exclusive offer of a complimentary consultation with an experienced attorney
(a $500-750 value).
Our workshops fill up quickly so reserve your seat today.
Your Experienced Estate Planning & Elder Law Advisors
We have a team-centered approach. While each client’s family works with one attorney, our attorneys regularly discuss the design of our plans with each other in order to ensure we’re doing everything possible to help you meet your goals.
In addition, each client works primarily with one paralegal, who gets to know you and your estate plan intimately through the design and
implementation process. The biggest complaint people have about
lawyers is lack of communication, and by working as a team we have
virtually eliminated this complaint for our clients.
Learn more about our family and then let us learn more about yours.

Meet Hammond Law Group Team
At Hammond Law Group, our estate planning attorneys work together to create meaningful, lasting estate plans for Colorado families. Each member of our team shares a commitment to personal connection, clear communication, and compassionate service.
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Questions or Schedule A Consultation? Click to Call (719) 520-1474
Questions or Schedule A Consultation? Click to Call (719) 520-1474
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(719) 520-1474
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