When Does a Trust or Estate Have to Withdraw an Inherited 401(k)?
Enter the owner's dates of birth and death to see which federal distribution rules apply to a 401(k), 403(b), or governmental 457(b) plan account inherited by a trust or estate, the calendar year by which the account must be emptied, whether a withdrawal is required each year, the first-year deadlines, and what a missed withdrawal costs.
Valid under state law, irrevocable at the owner's death, beneficiaries identifiable from the trust instrument, and documentation provided to the plan by the deadline.
See which withdrawal rules apply
Select the account type, enter the owner's dates of birth and death, and answer the questions about your relationship to the owner.
Deadline year by which the account must be emptied
Annual withdrawals and whether they are required
First-year dates and the tax for a missed withdrawal
This tool applies the federal distribution rules as written in the Internal Revenue Code, the Treasury regulations, and IRS guidance to the answers given. It is not tax or legal advice. Plan documents, state income tax, and facts not asked here can change the outcome. Consult a tax professional for a specific situation.
Frequently Asked Questions
When it meets four requirements: it is valid under state law; it is irrevocable, or becomes irrevocable at the owner's death; its beneficiaries with respect to the account are identifiable from the trust instrument; and the documentation is provided to the plan administrator by October 31 of the year after the year of death. The trust's beneficiaries, not the trust, are then treated as the designated beneficiaries.
A designated beneficiary must be an individual, so an estate, a charity, or a trust that does not meet the see-through requirements is not one. For a death before the required beginning date the entire account must be distributed by the end of the calendar year that includes the fifth anniversary of death. For a death on or after that date, annual withdrawals continue over the owner's remaining life expectancy.
Yes. A defined contribution plan may specify that the 10-year rule applies to some or all eligible designated beneficiaries, or may let the employee or beneficiary elect between the 10-year rule and life expectancy payments. When the plan has no such provision, an eligible designated beneficiary takes life expectancy payments. The plan document decides.
Beneficiaries are determined as of September 30 of the year after the year of death. If separate accounts for each beneficiary are established by the end of that calendar year, the rules apply separately to each; if not, the aggregate distribution for later years is determined without the separate account rule.
25% of the amount that should have been withdrawn but was not, paid by the beneficiary. The rate drops to 10% when the missed amount is withdrawn from the same plan and a return reflecting the tax is filed, both inside the correction window, which ends at the earliest of a notice of deficiency, an assessment, or the last day of the second taxable year after the year the tax applies to. The IRS may waive the tax for reasonable error on a Form 5329 request, and the regulation waives it automatically in two cases.
Inherited 401(k) rules
- Other beneficiaries: Surviving Spouse · Non-Spouse Beneficiary · Child
- Trust or Estate inheriting another account type: Inherited Traditional IRA · Inherited Roth IRA
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