Do railroad survivor benefits avoid probate?

Yes. Because railroad survivor benefits come from the federal law and not from the estate of the deceased, the benefits are not probated. This means the benefits can be accessed without having to go through a probate court.

Railroad survivor benefits stem from the Railroad Retirement Act. That Act is a Federal law meant to provide retirement/disability annuities for qualified railroad employees and their spouses. The Act also provides survivor benefits for the surviving spouse and unmarried children if at the time of death the employee was insured under the Act.

Because the survivor benefits come from the Act and not from the estate of the deceased, the benefits are not probated. Put differently, the Florida probate court has no jurisdiction over railroad survivor benefits. The benefits come from a federal law, but the probate code is a state code. And federal law preempts state law whenever they contradict. Therefore, if the federal acts provides for what happens at death (and it does), then the state has no authority to say otherwise.

This is a big benefit. It means that the survivor does not have to get a court involved to receive survivor benefits. And the railroad employee does not need to direct what happens to the benefits in a last will and testament.