The Short Answer

In Florida, uncollected life insurance benefits are often either (1) still held by the insurance company awaiting a claim, or (2) turned over to the State of Florida as “unclaimed property.” Florida law sets rules for when life insurance proceeds are presumed unclaimed and requires insurers to take steps to locate beneficiaries, but proving entitlement (especially when paperwork is missing or the beneficiary designation is unclear) can be legally and factually complicated.

What Florida Law Says

Life insurance proceeds usually pass directly to the named beneficiary and do not go through probate. However, if the policy is payable to the estate (or there is no effective beneficiary), the proceeds may become an estate asset that must be handled through the probate process by the personal representative.

The Statute

The primary law governing unclaimed life insurance proceeds in this context is Fla. Stat. § 717.107.

This statute establishes that life insurance and annuity funds are generally presumed unclaimed if they remain unclaimed for more than 5 years after the insured’s death, and it also requires insurers—once they learn of a death—to take reasonable steps to pay proceeds to beneficiaries.

Separately, Florida also addresses when life insurance proceeds become part of the probate estate. See Fla. Stat. § 222.13, which explains that proceeds generally inure to the designated beneficiary, but if payable to the insured’s estate (or executors/administrators), they become estate property administered in probate.

If you want more background on how beneficiary designations affect probate, you may find this helpful: 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 rules, applying them to your family’s situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Under Fla. Stat. § 717.107, life insurance funds can be presumed unclaimed after specific time periods (often 5 years after death), which can affect where the money is held and how it is pursued.
• Burden of Proof: Insurers and the State typically require reliable proof of identity and entitlement (for example, showing you are the named beneficiary, or that you have authority to act for the estate if proceeds are payable to the estate).
• Exceptions and beneficiary issues: Problems like missing policies, outdated beneficiary designations, a deceased beneficiary, competing claims, or proceeds payable to the estate can shift the matter into probate and create disputes. (Related reading: What Happens to Life Insurance Proceeds With No Named Beneficiary in Florida?).

Trying to handle this alone can lead to delays, denials, or avoidable disputes—especially if probate authority is required or multiple family members claim the same benefit. A Florida probate attorney can quickly identify whether the claim should be made to an insurer, through Florida’s unclaimed property process, or through a probate estate administration, and can communicate with the insurer/state on your behalf.

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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.