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Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.
Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death.Utah Code § 75-2-803; § 75-2-804; § 31A-22-413; § 78B-5-505(1)(n), (2)(a)–(b); § 75-6-301 et seq.; § 75-6-401 et seq.Verified May 27, 2026 These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.
Yes. Utah automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities.Utah Code § 75-2-803; § 75-2-804; § 31A-22-413; § 78B-5-505(1)(n), (2)(a)–(b); § 75-6-301 et seq.; § 75-6-401 et seq.Verified May 27, 2026 However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.
Yes. Utah provides full statutory protection for inherited IRAs from creditors.Utah Code § 75-2-803; § 75-2-804; § 31A-22-413; § 78B-5-505(1)(n), (2)(a)–(b); § 75-6-301 et seq.; § 75-6-401 et seq.Verified May 27, 2026 After the Supreme Court's Clark v. Rameker (2014) decision ruled inherited IRAs are not protected under federal bankruptcy law, state-level protections became the primary shield.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Utah automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).
When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Utah's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Utah inheritance calculator.
No. Utah does not default to per stirpes for beneficiary designations.Utah Code § 75-2-803; § 75-2-804; § 31A-22-413; § 78B-5-505(1)(n), (2)(a)–(b); § 75-6-301 et seq.; § 75-6-401 et seq.Verified May 27, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.
In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.
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This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-05-27
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