Importance of Reviewing and Updating Beneficiary Designations

Is it possible for an executrix of a decedent’s estate to change a beneficiary of that decedent’s IRA who predeceased the decedent?

Here are the facts:

An individual had named her sister (16%), and her brother and his wife (42% each) as primary beneficiaries of her IRA . Sister died in 2006; brother died in January 2018; she died in February 2018. No children exist. Ordinarily this would leave her sister-in-law as sole surviving primary beneficiary. Problem is the IRA custodian (Pershing) requires death certificates for all three. However, the town the sister resided in at the time of her death refuses to provide a copy of her death certificate to the sister-in-law as she is not a blood relative. And without this the IRA custodian will not pay the sister’s share of the IRA, meaning it could escheat to the state (NJ). Is there a remedy for this, i.e. a legal way for the sister-in-law to also inherit the deceased sister’s share? I would appreciate you thoughts on this.



The executrix has no authority to change the listed beneficiaries of the decedent.  The rest of the problem is a local/state issue in NJ, assuming that Pershing has correctly interpreted the default provisions in the IRA beneficiary clause. The info you posted suggests that the remaining beneficiary is to inherit the entire account in these circumstances.  Sounds like the death certificate for the sister that passed in 2006 is the issue. If so, perhaps the person that handled that sister’s estate has the certificate needed. If not, an estate attorney in NJ should be able to secure the certificate or provide advice on how to secure it.  Good advice about frequently verifying beneficiaries on all your accounts while living, although this death certificate issue is probably not one of the reasons for that you would normally think of  first off.



Unlike in some states, death certificates are not public records in New Jersey.  The deceased sister’s executors or the law firm that handled her estate may have one, or if not the deceased sister’s executors can get one.  The other choice in New Jersey is to get a court order.



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