How do I access life insurance proceeds for a minor beneficiary under North Carolina probate? - Florida
The Short Answer
In Florida, life insurance proceeds usually do not go through probate if there is a named beneficiary—even if that beneficiary is a minor. However, because a minor generally cannot legally receive and manage the funds directly, the insurer will typically require a court-appointed guardian of the minor’s property (or a properly named trustee) before releasing the money.
What Florida Law Says
Florida law treats most life insurance proceeds as a non-probate transfer when the policy names a beneficiary. That means the proceeds “inure exclusively” to the designated beneficiary and are not administered through the estate—unless the policy is payable to the insured, the insured’s estate, or the insured’s personal representative.
The Statute
The primary law governing this issue is Fla. Stat. § 222.13.
This statute establishes that when a Florida resident dies with life insurance, the proceeds generally belong to the person designated in the policy, but if the policy is payable to the insured’s estate (or personal representative), the proceeds become part of the probate estate and are administered under Florida probate law.
Florida also expressly allows life insurance proceeds to be paid to a trustee (including a trust created under a will once admitted to probate), which can be an important planning tool when the beneficiary is a minor. See Fla. Stat. § 733.808.
Related reading: Do life insurance proceeds avoid probate in Florida if there’s a named beneficiary?
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to a minor beneficiary situation is rarely simple. Legal outcomes often depend on:
- Policy beneficiary wording: If the beneficiary designation is missing, unclear, or lists the estate, the proceeds may be pulled into probate under Fla. Stat. § 222.13, changing who has authority to claim the funds.
- Who can legally receive the money for the child: Even if the child is the rightful beneficiary, insurers commonly require letters of guardianship or a trustee to accept and manage the proceeds, which can trigger a guardianship proceeding under Florida’s guardianship laws (Chapter 744).
- Trust vs. guardianship decisions: If a trust is (or can be) the payee under Fla. Stat. § 733.808, that may avoid ongoing court supervision that can come with managing a minor’s property through guardianship.
Because the “right person” to claim the proceeds (and the paperwork the insurer will accept) depends on the policy, the family situation, and whether probate is open, it’s easy to lose time or create avoidable court involvement without legal guidance.
Related reading: Can I delay a minor beneficiary’s inheritance until age 18 in Florida to avoid a guardianship or supervised account?
Get Connected with a Florida Attorney
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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.