The Short Answer

In Florida, you generally only deposit life insurance proceeds into the probate estate if the policy is payable to the decedent’s estate (or to the personal representative/executor in that capacity) or otherwise ends up payable to the personal representative under Florida law. If the policy names a living beneficiary (or a trust), the proceeds typically do not go into the estate account and are handled outside probate.

What Florida Law Says

Whether a life insurance payout belongs in the probate estate depends on who is legally entitled to receive it under the beneficiary designation. Florida law treats life insurance proceeds as belonging to the named beneficiary, but if the policy is payable to the insured’s estate (or to the insured’s “executors/administrators”), then the proceeds become an estate asset that the personal representative administers like other probate property.

If the policy is payable to a trustee (for example, a trust named in the policy or created by a will), Florida law also recognizes that structure and directs payment to the trustee rather than the probate estate in many situations.

The Statute

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

This statute establishes that life insurance proceeds generally inure to the benefit of the person designated in the policy, but if the insurance is payable to the insured or the insured’s estate (or to executors/administrators), the proceeds become part of the estate and must be administered by the personal representative under Florida probate law.

Relatedly, Florida also addresses when death benefits can be paid to a trust (and when they may instead be paid to the personal representative in certain circumstances). See Fla. Stat. § 733.808.

Why You Should Speak with an Attorney

Even when everyone agrees the money “should go to the estate,” the details matter. A personal representative has fiduciary duties and must handle estate funds in a way that protects beneficiaries and creditors, and mistakes can create personal liability or delay closing the estate.

• Strict Deadlines: If the proceeds are payable to a trustee and no trustee makes a proper claim within a statutory window, the insurer may pay the personal representative instead, changing how the funds must be administered. (See Fla. Stat. § 733.808(3).)
• Burden of Proof: Banks and insurers often require specific documentation (letters of administration, death certificate, policy language, and payee information). If the payee is wrong (estate vs. individual vs. trust), depositing the funds into the wrong place can trigger disputes.
• Exceptions: Many life insurance proceeds are not estate assets when there is a valid beneficiary designation, and treating them as estate funds can create conflict with the rightful beneficiary and complicate creditor issues. (See Fla. Stat. § 222.13.)

If you’re trying to “deposit the payout into the estate,” the first legal question is whether the estate is actually entitled to receive it. A Florida probate attorney can review the policy designation, coordinate with the insurer, and make sure the funds are handled in a way that complies with probate duties and reduces the risk of later objections.

For more context on the personal representative’s role, you may also find this helpful: What Are an Executor’s (Personal Representative’s) Responsibilities During Probate in Florida?.

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.

Find a Florida Attorney Now

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.