The Short Answer

Sometimes, yes. In Florida, beneficiary designations can keep certain assets (like life insurance, annuities, and some benefit plans) out of probate, but they do not cover everything and they do not always solve control, creditor, or contingency problems that come up after death.

A properly drafted trust can work alongside beneficiary designations—often by having those benefits pay into the trust—so your overall plan is coordinated and less likely to break down when real-life complications occur.

What Florida Law Says

Florida recognizes that many assets transfer at death outside of probate by contract (for example, through a beneficiary designation). Florida law also allows death benefits to be payable to a trustee, so the trustee can administer and distribute those proceeds under the trust terms rather than having the proceeds paid outright to an individual beneficiary.

The Statute

The primary law governing this issue is Fla. Stat. § 733.808.

This statute establishes that death benefits (including life insurance, annuities, and certain benefit plan proceeds) may be made payable to a trustee of a trust that exists at the time of death, and that—unless paid to a personal representative under specific circumstances—those proceeds generally are not treated as part of the probate estate.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If no trustee makes a proper claim for certain death benefits within 6 months, the payor may pay the proceeds to the personal representative instead, which can pull the issue back into an estate administration problem. See Fla. Stat. § 733.808(3).
• Burden of Proof: Disputes can arise over whether a designation was valid, whether it was changed, or whether the plan documents control—issues that often require documentation, plan records, and careful legal analysis to avoid misdistribution and liability.
• Exceptions: Beneficiary designations do not automatically address what happens if a beneficiary is a minor, becomes incapacitated, predeceases you, is in a divorce/creditor situation, or if you want staged distributions. A trust can provide a management framework, but only if the trust terms and the beneficiary designations are coordinated correctly.

Trying to handle this alone can lead to unintended probate, inconsistent beneficiary outcomes, or disputes between family members and fiduciaries.

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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.