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Annuities and Estate Planning: Where They Fit Next to a Will or Trust

An annuity generally passes by its beneficiary designation, not by your will, so it goes straight to the named person and usually skips probate. The trade is tax treatment: unlike a house or a brokerage account, an annuity's gain gets no step-up in basis at death, and the beneficiary owes ordinary income tax on it.

A will is a letter to a judge. It explains what you want done with the things that need somebody’s permission to move.

A beneficiary designation is a shipping label. It does not need permission, and it does not need a judge. The carrier reads the name on the label and sends the package.

That distinction is the entire reason annuities behave strangely inside an estate plan. They are not controlled by the document most people think controls everything, and the form that does control them is usually a single page somebody filled out years ago and never looked at again.

This is general education, not legal advice. Estate law and probate procedure are state law, and the right structure depends on your family, your documents, and your state. Work with an attorney licensed in your state and your own tax professional. What this guide covers is how the annuity contract itself behaves, so you can arrive at that meeting knowing the right questions.

Does your will control who gets your annuity?

Generally no. An annuity is a contract, and the contract names a beneficiary. When you die, the insurer pays the person named on file, and the will has nothing to say about it as long as a living beneficiary is properly designated.

Beneficiary designation

The form on file with the insurer. It controls the death benefit and operates independently of your will.

Will

Directs the assets that pass through your probate estate. An annuity with a valid living beneficiary usually is not one of them.

Revocable living trust

Controls assets titled to the trust or payable to it. An annuity is only inside that system if the trust is named as owner or beneficiary.

Contingent beneficiary

The backup, and the most commonly blank line on the form. If the primary beneficiary dies first and the contingent line is empty, the contract may default to your estate.

That default is the part worth circling. When a contract has no valid living beneficiary, most contracts pay the estate, and the moment it lands in the estate, it becomes exactly what the beneficiary form was designed to avoid.

What happens when the beneficiary form and the will disagree?

The beneficiary form generally wins. This is the single most expensive misunderstanding in this whole subject, and it usually surfaces after a remarriage, a divorce, or a death in the family that nobody circled back to.

A common and avoidable outcome. Someone names a spouse as beneficiary in 2009. The marriage ends in 2016. The will written in 2018 leaves everything to the children. Nobody updates the annuity. At death, the carrier pays the person on the form, and the children’s remedy is a lawsuit rather than a phone call. The fix takes fifteen minutes while you are alive and is close to impossible afterward.

Review beneficiary designations on every contract at least whenever something changes in the family, and keep the carrier’s written confirmation. Our guide to annuity beneficiary designations covers how the form is structured and the fields people leave blank.

Do annuities avoid probate?

Usually yes, when a living beneficiary other than the estate is named. The death benefit is paid under the contract rather than distributed by the court, which typically means faster access and no public filing.

  • A named living person receives it directly, generally within weeks of the carrier receiving a death certificate and a claim form.
  • It stays out of the public record, unlike a probated will, which is a public document.
  • Creditor and administrative claims against the estate do not automatically reach money that never entered the estate, though this is a state-law question for your attorney.
  • Naming the estate as beneficiary reverses all of the above. The money lands in probate on purpose, and the timing advantage disappears.
  • A no-beneficiary contract does the same thing by accident. Blank forms and predeceased beneficiaries are the usual cause.

Our guide to whether annuities go through probate walks through the conditions in more detail.

Do heirs get a step-up in basis on an inherited annuity?

No. This is the tax cost of the convenience, and it catches families who assume every inherited asset arrives with a clean slate. An annuity’s gain is treated as income in respect of a decedent, so it gets no basis adjustment at death under Internal Revenue Code section 1014(c), and the beneficiary pays ordinary income tax on the gain when it comes out.

Asset Basis at death What the heir owes
Taxable brokerage account Stepped up to date-of-death value under IRC 1014 Tax only on growth after the date of death
Nonqualified deferred annuity No step-up. Original owner’s basis carries over Ordinary income tax on the gain above that basis
Traditional IRA or qualified annuity No step-up. Generally no basis at all Ordinary income tax on distributions
Life insurance death benefit Not applicable Generally income-tax-free to the beneficiary

Two things follow from that table. First, a $400,000 annuity and a $400,000 brokerage account are not equivalent bequests, and a plan that treats them as interchangeable is quietly unequal. Second, if federal estate tax was actually paid on the annuity, the beneficiary may be able to claim an income tax deduction for the estate tax attributable to that income under section 691(c). Ask your tax professional, because it is missed routinely.

The beneficiary form buys your family speed. It does not buy them a step-up.

How fast does a beneficiary have to take the money?

That depends on whether the annuity is qualified or nonqualified, and on who the beneficiary is. The deadlines are set by different parts of the law and they are not interchangeable.

10 years
Deadline for most non-spouse beneficiaries of a qualified annuity, SECURE Act
5 years
Default deadline for most nonqualified annuity beneficiaries, IRC 72(s)
$15,000,000
Federal estate tax basic exclusion per person for 2026, IRS Rev. Proc. 2025-32
Situation Governing rule Typical options
Surviving spouse, qualified annuity SECURE Act, eligible designated beneficiary Treat as their own or stretch over life expectancy
Non-spouse, qualified annuity, death after 2019 SECURE Act 10-year rule Empty the account within 10 years of death
Other eligible designated beneficiaries, such as a disabled or chronically ill person, or a minor child of the owner SECURE Act exceptions Life expectancy payments, with rules that change when a minor reaches majority
Surviving spouse, nonqualified annuity IRC 72(s) Spousal continuation, keeping the contract intact
Non-spouse, nonqualified annuity IRC 72(s) Full distribution within 5 years, or life expectancy payments beginning within one year of death

The SECURE Act’s 10-year rule applies to qualified accounts. It does not apply to nonqualified annuities, which keep their own section 72(s) schedule. Our guides to spouse versus non-spouse inherited annuities and to annuity death benefit tax go deeper on each path.

Should a trust own an annuity, or be named as its beneficiary?

Sometimes, but never casually, because both moves can cost the family things the contract would otherwise have given them. Trust ownership and trust beneficiary status raise different issues.

Trust as owner

Under Internal Revenue Code section 72(u), an annuity held by an entity that is not a natural person generally loses its tax deferral, and the income becomes currently taxable. There is an exception where the contract is held by a trust as agent for a natural person, and the IRS has recognized that exception in private rulings, but it is fact-specific and depends on how the trust is drafted.

Trust as beneficiary

Naming a trust can achieve control over how and when heirs receive money, which is often the point when beneficiaries are young or vulnerable. The cost is flexibility: a trust cannot use spousal continuation, and payout timing depends on how the trust is drafted and whether it qualifies as a see-through trust.

Trust drafted before the SECURE Act

Older trust language written around a lifetime stretch may not behave as intended under the 10-year rule. This is a review item, not a hypothetical.

Every one of those is a drafting question for an estate attorney working with your actual documents. The point of this section is not to tell you what to do. It is to make sure “just name the trust” never gets said casually in a meeting again.

Is the annuity part of your taxable estate?

Generally yes. Skipping probate is not the same as leaving your estate, and the death benefit is typically included in your gross estate for federal estate tax purposes even though the money never passes through the court.

For 2026, the federal estate tax basic exclusion amount is $15,000,000 per person, per IRS Rev. Proc. 2025-32, following the change made by the One Big Beautiful Bill Act signed in July 2025. That figure means federal estate tax is not the operative concern for most households. State estate and inheritance taxes are a separate question with their own thresholds, and that one belongs to your attorney.

Where do annuities genuinely help an estate plan?

They help most where speed, simplicity, and a named recipient matter more than tax efficiency.

  • Liquidity that arrives fast. A death benefit paid on a claim form can cover final expenses while the rest of the estate is still being sorted out.
  • A surviving spouse’s income does not pause. Spousal continuation on a nonqualified contract keeps the contract intact rather than forcing a taxable event during the worst month of someone’s life.
  • Privacy. The transfer is a contract payment, not a public filing.
  • No market risk in the settlement window. A fixed contract does not need to be sold into whatever the market is doing the week someone dies.
  • A clean way to name unequal shares. Percentages on a beneficiary form are simpler to administer than instructions a court has to interpret.

Where do annuities get in the way?

They get in the way when they are treated as interchangeable with other assets, or when the paperwork drifts out of sync with the plan.

  • No step-up in basis. Heirs inherit the tax bill along with the money. Plan the bequest knowing that.
  • Stale beneficiary forms. Divorce, death, and remarriage all invalidate assumptions the form does not know about.
  • The estate named as beneficiary. It undoes the probate advantage and can accelerate the income tax deadline.
  • Illiquidity while you are alive. Surrender charges do not care about your estate plan, and money committed to a contract is not available for gifting or funding a trust.
  • Trust language written for a world that ended in 2019. The SECURE Act changed the payout math that many older trusts were built around.
  • A contract nobody knows about. If your executor cannot find the policy, the beneficiary form protects no one. Keep a written inventory with the carrier names and contract numbers.

How soon are you retiring?

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Moving forward

An annuity is not the center of an estate plan and it was never meant to be. It is one asset with an unusual property: it carries its own shipping label, and that label outranks the letter you wrote to the judge.

Which means the highest-value hour you can spend on this is not choosing a product. It is pulling every beneficiary designation you have, reading the primary and contingent lines out loud, and confirming they still say what you would want them to say if the worst happened next month. Then take the list to an attorney licensed in your state, because the pieces that need legal judgment genuinely need it.

If the annuity part of that picture is the piece you are unsure about, our annuity taxes guide covers the rules in more depth, and our short Find My Advisor questionnaire matches you with a verified Certified Annuity Advisor licensed in your state who can read the actual contract with you. No pressure, no obligation. Nothing here is legal or tax advice.

Want a straight answer from a real person?

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Frequently asked questions

Does a will override an annuity beneficiary designation?
Generally no. The beneficiary designation on file with the insurer controls the death benefit, and the annuity passes under the contract rather than through the will. A will directs only the assets in your probate estate. This is why an outdated beneficiary form can send money to a former spouse regardless of what a newer will says.
Do annuities go through probate?
Usually not, when a living beneficiary other than the estate is named. The insurer pays the beneficiary directly on a claim, typically within weeks, without a court proceeding or a public filing. If the beneficiary line is blank, if the named beneficiary died first with no contingent named, or if the estate itself is named, the contract generally does land in probate.
Do you get a step-up in basis on an inherited annuity?
No. An annuity’s gain is income in respect of a decedent and receives no basis adjustment at death under Internal Revenue Code section 1014(c). The beneficiary pays ordinary income tax on the amount above the original owner’s investment in the contract. If federal estate tax was paid on it, a section 691(c) income tax deduction may be available.
Should I put my annuity in a trust?
That is a question for an estate attorney, and the answer is often no by default. Under section 72(u), an annuity owned by a non-natural person generally loses tax deferral, with a fact-specific exception where a trust holds the contract as agent for a natural person. Naming a trust as beneficiary is a different decision, and it can cost a surviving spouse the continuation option.
How long does a beneficiary have to take money from an inherited annuity?
It depends on the contract type. Most non-spouse beneficiaries of a qualified annuity must empty the account within 10 years under the SECURE Act. Nonqualified annuities follow Internal Revenue Code section 72(s), which generally requires full distribution within five years or life expectancy payments beginning within one year of death. Surviving spouses have additional options under both.
Is an annuity included in my taxable estate?
Generally yes. Avoiding probate is not the same as leaving your estate, and the death benefit is typically included in the gross estate for federal estate tax purposes. For 2026 the federal basic exclusion amount is $15,000,000 per person, per IRS Rev. Proc. 2025-32, so federal estate tax is not the operative issue for most families. State-level estate and inheritance taxes are a separate question for your attorney.
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