The Short Answer

Usually, no. In Florida, life insurance proceeds generally pass directly to the named beneficiary and are not treated as a probate asset.

However, the proceeds can become part of the probate estate if the policy is payable to the decedent’s estate (or similar wording), or if a beneficiary designation fails and the policy defaults to the estate.

What Florida Law Says

Life insurance is typically a “non-probate” transfer when there is a valid, living named beneficiary. That means the insurance company pays the beneficiary under the contract, and the personal representative generally does not collect or distribute those funds through the probate case.

The Statute

The primary law governing this issue is Fla. Stat. § 222.13.

This statute provides that life insurance generally “inures” to the benefit of the person designated in the policy, but if the proceeds are payable to the insured’s estate (or to the insured’s executors/administrators/assigns), then the proceeds become part of the estate and are administered in probate.

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 a trust is the beneficiary (or a will-based trust is intended to receive the proceeds), Florida law can impose timing issues—for example, if no trustee makes a proper claim within 6 months in certain situations, payment may be made to the personal representative instead. See Fla. Stat. § 733.808.
• Burden of Proof: Disputes often turn on what the policy actually says (primary vs. contingent beneficiary, whether the beneficiary is living, whether a change-of-beneficiary was properly completed, and whether there was an assignment of the policy).
• Exceptions: Even with a named beneficiary, issues like divorce-related revocation rules, beneficiary disqualification, or competing claims can change who receives the proceeds and whether probate becomes involved. (For example, Florida’s “slayer” rule can disqualify a beneficiary in certain cases. See Fla. Stat. § 732.802.)

Trying to handle this alone can lead to avoidable delays, family conflict, or a result that doesn’t match what the decedent intended—especially when the policy beneficiary designation is unclear or outdated.

If you want more context on a common problem area, see: What Happens to Life Insurance Proceeds With No Named Beneficiary in Florida?

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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.