The Short Answer

In Florida, assets with valid beneficiary designations (like many life insurance policies and many retirement accounts) usually pass outside probate directly to the named beneficiary. In many situations, those proceeds are also protected from the decedent’s creditors, but there are important exceptions—especially if the beneficiary is the estate, there is no beneficiary, or the designation fails.

What Florida Law Says

Florida generally treats properly designated beneficiary assets as non-probate transfers. That means they are typically paid directly to the beneficiary and are not controlled by the probate court the same way a solely-owned bank account or vehicle titled only in the decedent’s name would be.

The Statute

The primary law governing creditor access to life insurance proceeds is Fla. Stat. § 222.13.

This statute establishes that when a Florida resident dies with life insurance payable to a designated beneficiary, the proceeds generally inure exclusively to that beneficiary and are exempt from the insured’s creditors—but if the policy is payable to the insured’s estate (or to executors/administrators), the proceeds become a probate estate asset and are administered like other estate property.

Florida also addresses when certain death benefits paid to a trustee are treated as non-estate assets. See Fla. Stat. § 733.808, which provides that qualifying death benefits paid to a trustee (rather than to a personal representative) are generally not deemed part of the estate and are generally not subject to estate administration expenses and obligations to the same extent as probate assets.

For more background reading, see: Do Life Insurance Proceeds Avoid Probate in Florida If There’s a Named Beneficiary?

Why You Should Speak with an Attorney

Even when accounts have beneficiaries, applying the rules to a real family situation (like a death without a will, jointly owned real estate, and property in another jurisdiction) can get complicated fast. Outcomes often depend on:

• Strict Deadlines: Florida probate has short creditor-claim windows and notice requirements that can affect what gets paid, when, and from which assets.
• Burden of Proof: If a creditor argues a transfer should be pulled back into the estate (or challenges a beneficiary designation), the evidence and paperwork matter—account statements, plan documents, beneficiary forms, and policy language.
• Exceptions: Life insurance and retirement assets can lose “outside probate” protection if they are payable to the estate, if there is no valid beneficiary, if the beneficiary predeceased the insured and no contingent beneficiary exists, or if other legal issues apply (for example, competing claims, improper post-death transfers, or title problems with real property).

In your fact pattern, it’s also important to coordinate (1) any probate estate that may exist, (2) the planned sale of the co-owned house, and (3) any out-of-state land you own separately, so you don’t accidentally create avoidable disputes about what belongs to the estate and what does not.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.