Estate distribution options when decedent was in RMD phase

Suppose 87-y.o. IRA owner passes, naming their estate as sole beneficiary (yes, I know – generally a bad idea, but it is what it is).

Does the estate have an out-in-five option, or is it limited to either lump-sum or the decedent’s remaining RMD schedule?

I recognize that the estate could take the RMD schedule and then accelerate payments to “empty” in five years. But suppose the estate had an interest in deferring for four years and then lump-summing out the entire amount in year five.

My gut tells me that out-in-five is still allowable, but a.) my gut is sometimes wrong; and b.) even if I am right, I cannot seem to pin down language in a Q&A to support the position.

Any thoughts or direction would be much appreciated. Please and thank you.



The 5-year rule never applies after the required beginning date for RMDs, as is the case here.  Because the beneficiary is not an individual, beneficiary RMDs in this case are required each year based on the life expectancy of the decedent in the year of death, reduced by 1 for each subsequent year.
The beneficiary is also required to take the decedent’s year-of-death RMD if not competed by the decedent (except for 2020 for which RMDs were waived).

The 5 year rule is not an option in this case, so there is no way to avoid annual RMDs over the remaining LE of the decedent per Sec 401(a)(9)(A)(ii). Of course, if this had been a Roth IRA for which all deaths are prior to the RBD, the 5 year rule would apply. The Secure Act had no effect on this situation with no designated beneficiary.

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