How the 10-year rule works
The SECURE Act created the rule for owners who died after December 31, 2019; before then, any individual heir could stretch withdrawals over their own life expectancy. It covers IRAs, including Roth IRAs, and defined contribution plans such as a 401(k) or 403(b), with a later start (deaths after 2021) for governmental and some collectively bargained plans.
The deadline counts calendar years, not days: the account must be empty by December 31 of the year that contains the 10th anniversary of the death. An owner who died at any point in 2025 therefore sets a deadline of December 31, 2035. Anything left after that date counts as a missed required distribution.
The rule applies to designated beneficiaries, meaning individuals named to inherit, who are not eligible designated beneficiaries: typically adult children, grandchildren, nieces, nephews and friends more than 10 years younger than the owner.
Two rules with similar names work differently. The five-year rule applies instead when the beneficiary is not a person, such as an estate, a charity or a non-qualifying trust, and the owner died before the required beginning date. The Roth five-year rule decides whether Roth earnings come out tax-free, not when the account must be empty.
Do you have to take RMDs every year under the 10-year rule?
It depends on whether the original owner had reached their required beginning date, the April 1 after the year they reached RMD age.
If the owner died before that date, or the account is a Roth IRA, there are no annual minimums. You can withdraw any amount in any year, including nothing until year 10, as long as the account is empty by the deadline. Roth owners count as dying before their required beginning date because they never face lifetime required minimum distributions.
If the owner died on or after that date, annual RMDs continue in years 1 through 9. Each is the prior year-end balance divided by the beneficiary’s single life expectancy, or by the owner’s remaining life expectancy if that is longer, with the divisor dropping by one each year. Final regulations published in 2024 confirmed this reading and apply from 2025.
For 2021 through 2024, IRS Notices 2022-53, 2023-54 and 2024-35 excused skipped annual amounts, so a beneficiary who took nothing in those years owes no excise tax for them, though those years still count toward the 10. From 2025 on, a missed annual RMD triggers the 25% excise tax, cut to 10% if corrected within two years.
Who is exempt, and when the clock starts later
Eligible designated beneficiaries, a group fixed on the date of death, can stretch an inherited IRA over their life expectancy instead of following the 10-year deadline. The rule still reaches them in three ways. An eligible beneficiary can generally choose the 10-year rule when the owner died before the required beginning date, trading annual minimums for flexibility. When a minor child of the owner turns 21, the age of majority in the final regulations, the child’s 10-year period begins, with annual payments continuing. And when an eligible beneficiary taking life-expectancy payments dies, whoever inherits from them must finish within 10 years of that death. The exempt group is:
- The owner’s surviving spouse.
- The owner’s minor child, until age 21.
- A disabled or chronically ill individual.
- Anyone not more than 10 years younger than the owner, such as a sibling close in age or an older friend.
How to plan withdrawals over the 10 years
With the whole pre-tax balance taxed within about a decade, timing is the main lever. Taking only the minimums, or nothing, until year 10 keeps money growing tax-deferred longer, but it can pile a large balance into one tax year and push much of it into higher tax brackets. Spreading the balance more evenly, or front-loading withdrawals into lower-income years such as a sabbatical or early retirement before Social Security starts, can cut the total tax. Heirs on Medicare should also watch IRMAA, which reacts to income two years later.
An inherited Roth IRA flips the logic: qualified withdrawals are tax-free, so waiting until the final year maximizes tax-free growth.
Owners can plan too. Roth conversions in the owner’s lower-bracket years move the tax from the heir to the owner at the owner’s rate. Leaving pre-tax money to charity, or giving through qualified charitable distributions after 70½, lets family inherit assets that carry less tax. Naming beneficiaries who qualify as eligible designated beneficiaries, where that fits the family, keeps the stretch available. These choices belong in a broader estate plan.
Common 10-year rule mistakes
The headline rule is simple, but its traps tend to surface years later, when they cost the most. Because the deadline is fixed from the owner’s death, lost years cannot be recovered, and a successor who inherits partway through keeps the same clock. Check these points in the first year after an inheritance, then write a year-by-year withdrawal schedule and review it each January while every option is still open:
- Taking only the minimums without pricing the final year; a younger heir’s minimums are small, so most of the balance can land in year 10.
- Skipping annual RMDs when the owner died on or after the required beginning date, on the assumption that the 2021–2024 waivers still apply.
- Assuming a successor gets a fresh 10 years when the first heir was already under the rule; the original deadline still applies.
- Treating an estate or a non-qualifying trust as if it had 10 years, when the five-year rule may require the account to be emptied sooner.
Illustrative numbers
An adult son inherits $600,000 from his mother, who died in 2025 at 80
- Year the clock starts
- Year of the owner’s death; or the year a minor child of the owner turns 21; or the year a stretching eligible beneficiary died
- Annual RMD in years 1–9
- Prior December 31 balance ÷ remaining life expectancy, required only if the owner died on or after the required beginning date
Years 1–9 are the calendar years after the year the clock starts; whatever remains must come out in year 10.
Balance on December 31, 2025$600,000
Son’s Table I factor at 53 in 202633.4, longer than his mother’s remaining 10.2
2026 minimum: $600,000 ÷ 33.4$17,964.07
Divisors for 2027 through 203432.4 down to 25.4
Minimums for 2026–2034, with no growthAbout $161,677
Still to withdraw by December 31, 2035About $438,323
Because his mother was past her required beginning date, annual minimums apply. With no investment growth each one works out to the same $17,964.07, so taking only the minimums leaves about 73% of the account for 2035, and any growth makes that final withdrawal larger. Withdrawing roughly a tenth of the balance each year instead spreads the income tax more evenly across the decade.
At a glance
When the 10-year rule applies and what it requires
| Situation | Annual RMDs in years 1–9? | Empty by December 31 of |
|---|---|---|
| Adult child inherits; owner died before the required beginning date | No | The 10th year after death |
| Adult child inherits; owner died on or after the required beginning date | Yes | The 10th year after death |
| Non-eligible beneficiary inherits a Roth IRA | No | The 10th year after death |
| Eligible beneficiary chooses the rule; owner died before the required beginning date | No | The 10th year after death |
| Owner’s minor child turns 21 | Yes, payments continue | The 10th year after turning 21 |
| Successor inherits from a stretching eligible beneficiary | Yes, payments continue | The 10th year after that beneficiary’s death |
| Owner died in 2019 or earlier | Old stretch rules apply | Not subject to the rule |
Put it in your plan
10-year rule in MoneyWhatIf
MoneyWhatIf models the 10-year rule on an investment card set to an inherited IRA or Roth kind. Deadline mode forces whatever remains out in the clock’s final year, though the plan can draw on it sooner if spending needs it. Spread mode divides the balance by the years remaining, and RMD mode adds annual life-expectancy minimums before the deadline. Enter the years left on your own clock, because an account already held starts its remaining clock in the first plan year. The app does not decide which rule applies to you.
Common questions
10-year rule FAQs
Does the 10-year rule apply to inherited Roth IRAs?
Yes. A beneficiary who is not an eligible designated beneficiary must empty an inherited Roth IRA by December 31 of the 10th year after the owner’s death. Because Roth owners have no lifetime RMDs, they are treated as dying before their required beginning date, so there are no annual minimums in years 1–9. Qualified withdrawals are tax-free, which makes letting the money grow until the final year a common approach.
Does the 10-year rule apply to a surviving spouse?
Not automatically. A surviving spouse is an eligible designated beneficiary who can treat the IRA as their own, roll it over, or stretch withdrawals over their life expectancy. If the owner died before their required beginning date, a spouse who stays a beneficiary may choose the 10-year rule instead. When a spouse who kept the account as a beneficiary later dies, the next heirs generally must empty it within 10 years of the spouse’s death.
Is the 10-year rule really 10 years?
Not exactly. The deadline is December 31 of the 10th calendar year after the death, not the 10th anniversary itself, and withdrawals can also be taken in the year of death. An heir who inherits early in a year can therefore spread taxable income across as many as 11 tax years, while a death in late December leaves about 10. For a minor child of the owner, the 10 years run from the year the child turns 21.
What is the penalty for missing the 10-year deadline?
Any amount left in the account after the deadline is treated as a missed required distribution. The excise tax is 25% of the shortfall, cut to 10% if you withdraw it and correct it within two years, and it is reported on Form 5329. The same excise applies to a missed annual RMD in years 1–9. The IRS can waive it if the shortfall came from reasonable error and you are taking steps to fix it.
Does the 10-year rule apply to an inherited 401(k)?
Yes. It covers defined contribution plans such as 401(k) and 403(b) plans as well as IRAs, for participants who died after 2019, with a delayed start for governmental and certain collectively bargained plans. The plan’s own document sets its options, which may be narrower than the law allows, so many non-spouse beneficiaries move the money by direct rollover into an inherited IRA, which keeps the same deadline.