If the estate of the decedent is the proper beneficiary under the life insurance policy or the retirement benefits plan then someone has to open a probate estate to claim the benefits. The value of the estate and the time since the date of death will determine what type of probate process you must go through to claim the life insurance or retirement benefits. To be appointed the personal representative of the estate (commonly known as the executor) you must petition the probate court. Preference is given to individuals with close a close familial relationship with the decedent. If you are the ex-spouse you may still be appointed as the personal representative, but you will have a harder time obtaining court approval.

          There are numerous ways to go through probate court and the fees and time required for the different processes vary greatly. If you have to go through the probate court to obtain the benefits under a life insurance policy or retirement benefits it is important to contact an attorney that knows the most efficient way through the probate process.