Inherited Empower 401(k): Beneficiary Claim Guide
Empower administers thousands of employer plans, and its default paperwork can steer a beneficiary toward a lump-sum check — the single most expensive mistake a non-spouse beneficiary can make.
This guide covers the claim call, the direct-transfer language to insist on, and the RMD clock that starts the year after death.
The one mistake that cannot be undone
A non-spouse beneficiary has NO 60-day rollover. If the plan cuts a check in your name and you deposit it, the entire account becomes taxable income that year — there is no Rev. Proc. self-certification, no IRS letter, no fix. The ONLY safe move is a direct trustee-to-trustee transfer into a properly titled inherited IRA. If anyone offers to "just send you a check," stop the call and get help first.
Full rules: what non-spouse beneficiaries can and cannot do →
What to expect from Empower
Beneficiary services: 1-855-756-4738 (former Empower Retirement); 1-800-345-2345 (Prudential-acquired plans) · Mon-Fri 8am-10pm ET, Sat 9am-5:30pm ET
Ordinary transfer processing: 10-14 business days (paper-based) — death claims add a document-review stage on top, so budget extra weeks beyond that.
Empower quirks that also bite beneficiary transfers:
- Empower acquired Prudential's full-service retirement business in 2022 and MassMutual's in 2021 — if your old plan was at either, it's now on the Empower platform and the login is at empower-retirement.com (not the Prudential or MassMutual portal).
- Empower defaults to mailing a paper check to YOU unless you specifically request a 'direct rollover, custodian-to-custodian wire'. If you accept a check made out to you, 20% is mandatorily withheld and you have 60 days to deposit the gross amount (the 20% comes out of your pocket until tax-time refund).
- Some Empower plans require your former employer to countersign the rollover request — this can add 5-7 days if HR is slow. Call HR before you call Empower so they have your request on file.
How to claim, step by step
- 1
Order 3–5 certified copies of the death certificate — Empower and every other institution will each want one.
- 2
Call Empower's beneficiary-services line and ask for the "death claim" or "beneficiary distribution" package for the specific plan. Have the deceased's SSN, date of death, and your ID ready.
- 3
Ask Empower to CONFIRM you are the beneficiary of record before discussing options — plan documents control, not the will.
- 4
Before signing anything, decide the destination: a properly titled inherited IRA (e.g., “Jane Doe, deceased, FBO John Doe, beneficiary”). Titling errors are treated as full distributions.
- 5
Insist on a DIRECT trustee-to-trustee transfer into the inherited IRA. Decline any option that mails you a check payable to you personally.
- 6
Get the transfer confirmation in writing, then calendar your RMD obligations for the current year — the deceased's year-of-death RMD may still be due.
Your distribution clock (2026 rules)
- Most non-spouse beneficiaries must empty the account within 10 years of the death — and if the owner had already started RMDs, annual withdrawals are required in years 1–9 (enforced since 2025, with a 25% excise tax behind them).
- The deceased's year-of-death RMD may still be due on YOUR calendar while the claim processes.
Full 10-year-rule breakdown with a worked year-by-year example →
Common questions
Will Empower just mail me a check?
Empower's distribution paperwork defaults toward mailed checks more than most custodians — its ordinary rollovers are known for it. For a NON-SPOUSE beneficiary, a check payable to you personally is irreversibly taxable the moment it's cut. Insist, in writing, on a direct trustee-to-trustee transfer to a properly titled inherited IRA, and explicitly decline any lump-sum or check option on the election form.
Which Empower number do I call?
Use the number on the deceased's participant statement, not a generic search result — Empower administers thousands of employer plans and death-claim routing differs by plan. Some plans also require the former employer's sign-off before Empower releases anything, which adds a leg most guides don't mention.
Questions about your situation?
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Educational information, current to the July 2024 final regulations as enforced in 2026 — not tax, legal, or financial advice. Beneficiary elections are frequently irreversible; verify with your own CPA or estate attorney before acting. Estate deadlines (including the 9-month federal estate-tax election window) exist — consult the estate's attorney.