"It really depends. I think it depends if they've named a beneficiary generally here in Florida, if the surviving spouse is still alive, the 401k is going to pass to the surviving spouse. However, if there is no surviving spouse, and if there weren't any beneficiaries named on the 401k, then this is likely going to go through probate and you're going to have to open a probate just to distribute the proceeds from the 401k."