Short Answer

In North Carolina, annuities pass to the person named on the beneficiary form, not under your will. Marriage does not automatically change that designation. To change who inherits, contact your annuity company and submit its change-of-beneficiary form; the new designation is effective when the company records it. If you die while married, your spouse may still claim an elective share that can reach nonprobate assets, including annuities.

Understanding the Problem

You want to know how, under North Carolina law, you can change the beneficiary on your annuity after getting married. You own an annuity, and the current beneficiary is a relative. The decision is whether you, as the annuity owner, can and should update the beneficiary designation now that you are married.

Apply the Law

In North Carolina, a beneficiary designation controls who receives an annuity at your death. Marriage does not override or update that contract. To change the recipient, the annuity owner must submit the issuer’s form and receive confirmation that the change has been recorded. Separately, a surviving spouse can claim an “elective share” within the estate proceeding after death, and that calculation can include certain nonprobate assets such as annuities.

Key Requirements

• Owner authority: Only the annuity owner can change the beneficiary, and the issuer must accept and record the change.
• Use the issuer’s process: Complete and submit the company’s change-of-beneficiary form; keep written confirmation.
• Spousal consent when required: Some employer or qualified annuities require notarized spousal consent to name a non‑spouse beneficiary.
• Contract limits: If a beneficiary is irrevocable, the contract is annuitized, or it’s a structured settlement owned by another party, changes may be restricted.
• Elective share reality: Even with a non‑spouse beneficiary, a surviving spouse may claim an elective share that can reach nonprobate assets, including annuities.

What the Statutes Say

• North Carolina Gen. Stat. § 30-3.1 (Right to elective share) – Gives a surviving spouse a right to claim a share of the decedent’s assets.
• North Carolina Gen. Stat. § 30-3.2 (Definitions, Total Net Assets) – Defines the assets considered, including certain nonprobate transfers like annuities.
• North Carolina Gen. Stat. § 30-3.4 (Procedure and timing) – Sets the six‑month deadline after estate letters to file an elective share claim.
• North Carolina Gen. Stat. § 31-5.3 (Effect of marriage on wills) – Marriage does not revoke a will, illustrating that life events do not automatically change testamentary documents.

Analysis

Apply the Rule to the Facts: You funded an annuity and currently list a relative as beneficiary. As the owner, you can change that by submitting your annuity company’s beneficiary-change form; until it’s accepted and recorded, the relative remains first in line. If the annuity is tied to an employer plan, expect to provide your spouse’s written consent to name someone else. Regardless of your choice, your spouse may assert an elective share at your death that can include annuities.

Process & Timing

1. Who files: Annuity owner. Where: Directly with the annuity company (by portal, mail, or secure upload per its instructions). What: The issuer’s Change of Beneficiary form and any required proof (e.g., marriage certificate, spousal consent if applicable). When: As soon as possible after marriage; the change is effective when the company records it.
2. Wait for written confirmation or updated contract endorsement; follow up if you do not receive confirmation within a reasonable time (processing times vary by issuer).
3. Save the confirmation with your estate records and review contingent beneficiaries to avoid unintended gaps.

Exceptions & Pitfalls

• Owner vs. annuitant confusion: Only the owner can change beneficiaries; check your contract’s “Owner” box.
• Irrevocable or annuitized contracts: An irrevocable beneficiary or an annuitized contract may limit changes.
• Employer/qualified annuities: Federal rules often require notarized spousal consent to name a non‑spouse.
• Structured settlement annuities: If someone else owns the contract, you may not have authority to change beneficiaries.
• Paperwork gaps: A form sent but not accepted or confirmed by the issuer may leave the old beneficiary in place.
• Coordination issues: Your will does not control annuities; align beneficiary forms with your overall plan and contingents.

Talk to a Estate Planning Attorney

If you’re dealing with updating annuity beneficiaries after marriage and want to coordinate them with your broader estate plan, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.