Overview
Empower Retirement is the second-largest retirement plan provider in the United States, serving over 18 million individuals and managing approximately $1.5 trillion in assets. When an account holder passes away, the estate representative or named beneficiary must notify Empower to freeze the account and initiate the claim process.
This guide covers Empower's Beneficiary Support Services, the specific notification forms required, and the timeline for claiming 401(k) or IRA assets. Empower operates nationally, but specific distribution rules for retirement accounts will depend on the plan rules and the relationship of the beneficiary to the deceased (e.g., spouse vs. non-spouse).
This guide provides informational guidance only. It is not legal advice, and SwiftProbate is not a law firm. Laws and institutional procedures change — verify current requirements directly with Empower and consider consulting a qualified attorney.
Notification Process
How to Notify Empower of a Death
Step 1: Gather Initial Information
Before contacting Empower, have the following ready:
- Decedent's full legal name and date of birth
- Date of death
- Social Security number
- Account numbers (if known)
- Your name and relationship to the decedent
- Trust or estate documents (if the beneficiary is a trust or estate)
Step 2: Submit the Death Notification Form
Empower recommends submitting a written notification to immediately limit account access and prevent unauthorized activity.
- Download the Death Notification Template from the Empower website (or request it by phone).
- Complete the form with the decedent's details and the notifier's contact information.
- Fax the form to 1-866-633-5212 OR
- Mail it to:
Empower
P.O. Box 173764
Denver, CO 80217-3764
Step 3: Call Beneficiary Support Services
Once you are ready to proceed with the claim, contact Empower's dedicated team:
- Phone: (866) 442-3888
- Hours: Mon–Fri, 7 AM – 5 PM MST
When you reach an agent, they will:
- Verify the decedent's information.
- Confirm the named beneficiaries on file.
- Explain the specific claim options available (lump sum, inherited IRA, etc.).
- Send the appropriate Beneficiary Claim Form packet.
Step 4: Submit Required Documents
Mail the completed claim forms and the death certificate to the address provided in your packet.
Regular Mail:
Empower
P.O. Box 173764
Denver, CO 80217-3764
Overnight/Express Mail:
Empower
8515 E. Orchard Rd.
Greenwood Village, CO 80111
Step 5: Wait for Processing
After Empower receives your documents, the standard processing time is approximately 30 days (one month) for document review and claim finalization.
Required Documents
Documents Empower Requires
The exact documents depend on whether you are a named beneficiary or representing the estate.
Always Required
| Document | Details |
|---|---|
| Certified death certificate | Must be an original certified copy (photocopies may be accepted if faxing, but originals are preferred for legibility) |
| Beneficiary Claim Form | Provided by Empower after the initial call |
| Government-issued photo ID | Copy of driver's license or passport of the claimant |
If the Beneficiary is a Trust
| Document | Details |
|---|---|
| Trust Certification | Identifying the successor trustee |
| Trust Abstract or Agreement | Relevant pages showing the trust name, date, and trustee powers |
If the Beneficiary is the Estate (No Named Beneficiary)
| Document | Details |
|---|---|
| Letters Testamentary / Administration | Court-issued documents appointing the executor/administrator |
| EIN (Employer Identification Number) | For the estate (required to open an estate account) |
Spousal Beneficiaries
| Document | Details |
|---|---|
| Marriage Certificate | May be requested if the name on the account does not match the current legal name |
Account Types
How Empower Handles Different Account Types
401(k) / 403(b) / Workplace Plans
Workplace plans are governed by the specific rules of the employer's plan document.
- Spouses: Can typically roll over funds to their own IRA, an inherited IRA, or take a lump sum.
- Non-Spouses: Generally limited to an Inherited IRA (subject to the 10-year distribution rule) or a lump sum.
- Timeline: ~30 days for processing.
Individual Retirement Accounts (IRAs)
- Named Beneficiaries: Can open an Inherited IRA directly with Empower or transfer to another custodian.
- No Beneficiary: Assets typically default to the estate, requiring probate documents to claim.
- Timeline: ~30 days for processing.
Brokerage / Personal Wealth Accounts
These accounts may be frozen upon notification. If held jointly (JTWROS), the surviving owner can remove the decedent's name with a death certificate. If held individually, they will likely require probate documents or a small estate affidavit depending on state law.
Timeline: Varies by state probate requirements.
State Considerations
How Your State Affects the Empower Process
Empower operates nationally, but state probate laws apply if the account has no named beneficiary or is payable to the estate.
- Beneficiary Designations Override Wills: If a valid beneficiary is named on the Empower account, the funds bypass probate and state courts entirely.
- Community Property States: In states like CA, TX, and AZ, a surviving spouse may have a claim to a portion of the account even if they are not the named beneficiary.
- Small Estate Affidavits: If the account falls to the estate and is below your state's small estate threshold, you may be able to use a Small Estate Affidavit instead of full probate.
Key State Variations
| State | Small Estate Threshold | Community Property? | Notable Rules |
|---|---|---|---|
| California | $184,500 | Yes | Spousal property petitions available |
| Texas | $75,000 | Yes | Muniment of Title is a faster probate option |
| Florida | $75,000 | No | "Summary Administration" for small estates |
| New York | $50,000 | No | Voluntary Administration for small estates |
For detailed probate requirements, see our state and county probate guides.
Timelines
How Long Empower Takes to Release Funds
| Account Type | Estimated Timeline | Key Factor |
|---|---|---|
| Named Beneficiary (401k/IRA) | ~30 days | Includes mailing, review, and processing |
| Spousal Rollover | ~15–30 days | Faster if rolling to an existing Empower account |
| Estate Claim (Probate) | 3–6+ months | Depends on court issuance of Letters Testamentary |
| Trust Claim | 30–45 days | Requires review of trust documents by legal team |
Note: Empower states that "on average, the claim process takes one month" for you to gather documents and for them to review and process the request.
Tips & Pitfalls
Common Pitfalls and Tips
Do Not Fax Unreadable Documents
Empower accepts faxes for some forms, but death certificates often have security features that make them turn black or unreadable when faxed. Mail the original certified copy to ensure it is accepted.
Check for "Per Stirpes" Designations
If a primary beneficiary has predeceased the account holder, check if the designation was "per stirpes" (passes to their children) or "per capita" (shared among survivors). Empower's legal team will determine the correct payout based on the plan documents.
The 10-Year Rule (SECURE Act)
Most non-spouse beneficiaries inheriting a retirement account after 2019 must withdraw all funds within 10 years. Consult a tax professional before requesting a lump sum, as it is fully taxable in the year received.
Keep the Case Number
When you first call Beneficiary Support, ask for a case or reference number. Use this on all correspondence to speed up processing.
RMDs (Required Minimum Distributions)
If the decedent was over age 73 and had not taken their RMD for the year of death, the beneficiary must take it to avoid a 25% IRS penalty.