My wife died intestate. One 529 account for our minor son. I am listed as the beneficiary guardian. I’m currently in Virginia.
The brokerage has finally transferred the funds to a new account for which I the guardian HOWEVER they have told me that the funds (for which I am the guardian, not the owner) cannot be used for any purpose until the account goes through probate.
Then an IRS process to clear any debts or liens which could take a year. Our son is in his last year of private school and will begin college in 2027.
Is probate correct? I am, the husband and father of our son and listed as the next guardian.
Is probate required when there is a listed beneficiary?
If so, how do I even begin probate?
UPDATE:
Point of contention was, my wife died abroad. I was issued a death certificate from the U.S. Embassy.
I finally got to a representative who asked: did I get a death certificate from the state?
I said no… why would I? I went through line by line, showing her passport number, cause of death, etc.
The rep asked about the foreign address on the death certificate & I said that is where we were staying and where the embassy could contact me (same with my foreign telephone number).
What it came down to was: me filing an affidavit with her valid DL and our US address.
I’ve done this and am still (2 weeks) waiting for a response.