§ 26.1-33-40 — Avails of life policy payable to deceased or to the deceased's heirs, personal representatives, or estate - Exemption - Distribution

personal representatives, or estate - Exemption - Distribution.
The avails of a life insurance policy or of a contract payable by any mutual aid or benevolent
society, when made payable to the deceased, to the personal representatives of the deceased,
to the deceased's heirs, or to the deceased's estate, is not subject to the debts of the decedent
upon the death of the insured or member of the society except by special contract. The avails
must be inventoried as a part of the estate of the decedent and must be considered as part of
the general assets of the estate. The insured may transfer the avails of the life insurance policy
or contract either by will or by contract. Nothing contained in this section affects, in any manner,
any life insurance policy or beneficiary certificate which is made payable to a designated
person, including the spouse of the insured, or to persons or to members of a family designated
as a class, such as "all children" or "all brothers and sisters", even though the members of the
class are not designated by name; or permits any insured to dispose of the avails of a contract
by a mutual or fraternal society by will to anyone who could not be a beneficiary in the contract
under the charter or bylaws of the society.