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I am assuming (which may or may not be what you are referring to) that you are asking about the Early Distribution penalty from an IRA or a qualified plan (like a 401(k)). Distributions from either an IRA, SEP, SIMPLE IRA* and SARSEP Plans or from a qualified plan like a 401(k) plan after death of the participant/IRA owner are excepted from the 10% early distribution penalty.
Please see this IRS webpage.
"Death" means a distribution paid to a beneficiary after the IRA participant dies. Unless you received this distribution as beneficiary of someone else who died, this penalty exception does not apply to you.
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