When Does a Trust or Estate Have to Withdraw an Inherited 401(k)?

An estate, a charity or a trust that is not a see-through trust inheriting a 401(k) has no life expectancy of its own: the account is emptied within five years where the owner died before the required beginning date, April 1 after the year the owner reached the applicable age (up to 7526 U.S.C. § 401(a)(9)(C)(v)(II)Verified Sep 16, 2026View source), and over the owner's remaining life expectancy where the owner died on or after it; a missed amount carries a 25%26 U.S.C. § 4974(a)Verified Sep 16, 2026View source tax.

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.

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Select the account type, enter the owner's dates of birth and death, and answer the questions about your relationship to the owner.

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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

General information about the federal distribution rules for an inherited retirement account, not tax or legal advice. The rules are applied as written in the Internal Revenue Code, the Treasury regulations and IRS guidance to the answers given. Plan documents, state income tax and facts not asked here can change the outcome. Consult a licensed tax professional for tax questions.

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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

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