How to File a Life Insurance Claim: What Beneficiaries Need to Know
Filing a life insurance claim can feel overwhelming, especially during a time of grief. While the process may seem straightforward on the surface, delays and denials are common when paperwork is incomplete or when insurers find discrepancies. That’s why it’s important to understand not just the steps involved, but also the potential pitfalls that can occur along the way. Our life insurance attorneys help beneficiaries file claims the right way and fight back when insurance companies create unnecessary obstacles.
Whether you’re dealing with a recent loss or an older policy that’s only now coming to your attention, knowing how to approach the claims process can make a major difference in how quickly and successfully you receive the death benefit.
Step-by-Step Guide to Filing a Life Insurance Claim
Filing a claim involves several critical steps. Each step must be handled with care to avoid unnecessary delays or denials. Here’s a detailed breakdown of how the process works:
1. Obtain the Death Certificate
The death certificate is a mandatory document in every life insurance claim. It verifies the date, time, location, and cause of death. Funeral homes typically provide several certified copies, or they can be obtained from your local health department or state registrar. Always request multiple copies, as other institutions (like banks or pension administrators) may also require one.
2. Locate the Policy Documents
To initiate the claim, you’ll need the original life insurance policy or at least know the insurer’s name and policy number. In some cases, beneficiaries may be unaware that a policy exists or where it’s stored. Check the decedent’s financial files, safe deposit boxes, or online records. If necessary, contact former employers or use a policy locator service.
3. Notify the Insurance Company
Contact the insurer directly or speak with the agent who issued the policy. Let them know about the death and request the appropriate claim forms. Many companies also offer online claim initiation, but it's wise to document every communication in writing or via email.
4. Complete the Claim Forms Carefully
Life insurance claim forms typically ask for information about the policyholder, the beneficiary, and the cause of death. Include a certified copy of the death certificate and any other required documentation, such as identification, medical records (in contested cases), or proof of relationship. Double-check all entries for accuracy to prevent delays.
5. Submit the Claim and Supporting Documents
Once completed, submit your claim either by mail, through a secure online portal, or by fax, depending on the insurer’s preferences. Keep copies of everything you send, and get proof of delivery if submitting by mail.
6. Prepare for Follow-Up Requests
The insurance company may contact you to clarify information or request further documentation. This is especially common if the death occurred within the policy’s contestability period (usually the first two years). Stay responsive, but do not provide more than is necessary—especially without legal guidance if there are any concerns about a possible denial.
7. Receive the Death Benefit
If the claim is approved, the insurer will issue payment based on the terms of the policy. Beneficiaries often have the option to receive a lump-sum payout or annuity-style payments. Review your options carefully, and consult a financial advisor if needed to decide which is best for your situation.
What Can Delay or Complicate a Life Insurance Claim?
While the process may seem administrative, several issues can turn a simple claim into a legal battle. Common complications include:
The insurer alleges material misrepresentation on the application
The death occurred during the contestability period
A beneficiary designation is outdated or disputed
The insurer questions whether the death was accidental or intentional
The policy lapsed due to missed premium payments
The insurer requests excessive documentation or stalls communication
If you face any of these challenges, it’s critical to involve a life insurance attorney right away. Insurers often test whether beneficiaries will simply accept a denial or delay. Legal representation signals that you intend to enforce your rights.
Do You Need an Attorney to File a Life Insurance Claim?
Not always—but if there’s any uncertainty about the policy’s status, the cause of death, or beneficiary disputes, legal help can be essential. Attorneys can review the policy language, gather necessary documents, communicate with the insurer, and, if needed, litigate to obtain the payout. Even when the claim seems straightforward, professional guidance can accelerate the process and reduce the risk of costly errors.
FAQ: Filing Life Insurance Claims
How long do I have to file a life insurance claim after someone dies? Most insurers recommend filing within 60 to 90 days, but there’s often no strict legal deadline. Delays may be permitted with valid reasons, especially if the beneficiary wasn’t aware of the policy.
Can I file a claim without the original policy document? Yes. As long as you know the insurer’s name, they can locate the policy using the deceased’s personal information. However, having the policy number can expedite the process.
What if I can’t find the insurance company or agent? You can use the NAIC’s Life Insurance Policy Locator or contact state insurance regulators for assistance. A lawyer can also help track down forgotten or unclaimed policies.
What if the death occurred outside the United States? The process becomes more complex, but claims can still be filed. You’ll need a translated, certified foreign death certificate and potentially more documentation.
What if multiple people claim to be the rightful beneficiary? This can lead to an interpleader lawsuit, where the insurer asks the court to decide who receives the payout. Legal help is crucial in these situations to protect your interests.
How long does it take to get paid after filing a claim? Most valid claims are paid within 30 to 60 days, but disputes or missing documents can extend this timeline.
Can an insurer deny my claim after initially approving it? It’s rare, but not impossible. If new information comes to light—like evidence of fraud or a misstatement on the application—they may attempt to rescind the policy or delay payment.
Will the claim be denied if the insured died by suicide? That depends on the timing. Most policies exclude suicide only within the first one or two years. After that, suicide is generally covered.
What should I do if my claim is denied? Contact a life insurance attorney immediately. Do not accept the denial without review. Many denials are overturned once challenged with the right evidence and legal arguments.
Can I sue the insurance company if they delay or deny the claim unfairly? Yes. If the insurer acts in bad faith—by stalling, denying without cause, or failing to investigate properly—you may have grounds for legal action, including punitive damages.
What if the policy lapsed before death? If the lapse was caused by missed payments, the claim may be denied. However, if the insurer failed to notify the policyholder properly or withheld information, the lapse may be contestable.
What documents are typically required to file a claim? At minimum: the death certificate, a completed claim form, identification for the beneficiary, and the policy document (if available). More may be needed in complex cases.
Can I file a claim on a group life insurance policy from work? Yes. Contact the employer’s HR department or the group policy administrator. Group policies have different procedures but are still subject to many of the same protections.
Is a life insurance payout taxable? Generally, no. Life insurance proceeds paid to a beneficiary are typically not subject to federal income tax. However, exceptions apply in certain situations involving estates or interest earnings.
What happens if the beneficiary is a minor or has died? If the named beneficiary is a minor, the funds may go into a court-supervised trust or be handled by a guardian. If the beneficiary has died, the payout may go to a contingent beneficiary or the estate.