The Short Answer

In Florida, life insurance proceeds usually go directly to the named beneficiary (outside of probate), but families often don’t know which company issued the policy or who is listed. If the policy is payable to the estate (or there is no valid beneficiary), the proceeds may become a probate asset—so a probate attorney can help you determine where the money should go and who has legal authority to request information.

What Florida Law Says

Most life insurance is designed to transfer at death by beneficiary designation, meaning it typically does not pass through the probate estate. However, if the policy is payable to the insured’s estate (or to “executors/administrators”), it is treated as an estate asset and is handled through probate administration.

The Statute

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

This statute establishes that life insurance generally “inures” to the benefit of the person designated in the policy, but if the proceeds are payable to the insured or the insured’s estate (or similar), the proceeds become part of the probate estate and are administered by the personal representative.

Separately, Florida’s unclaimed property law can come into play if benefits were never claimed. Florida law presumes certain life insurance funds unclaimed after a period of time and requires reporting/delivery to the state in qualifying situations. See Fla. Stat. § 717.107.

For additional background, you may find helpful: How Do I Find and Claim Uncollected Life Insurance Benefits in Florida After a Parent Dies? and How Can Heirs Find and Claim a Deceased Relative’s Unclaimed Property in Florida?.

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:

• Authority to get information: Insurers often will not disclose policy details to family members without proper documentation (and if the policy is payable to the estate, the personal representative is typically the person with legal standing to act).
• Beneficiary problems: Disputes can arise if a beneficiary designation is missing, outdated, ambiguous, or if someone alleges undue influence or an invalid change.
• Where the proceeds must go: Under Fla. Stat. § 222.13, proceeds payable to the estate become probate assets—potentially affecting creditor issues, distributions, and timelines.

When significant money is involved, a small mistake (or contacting the wrong entity without the right authority) can cause delays, denials, or disputes among heirs. A Florida probate attorney can quickly assess whether probate is needed, who should be appointed, and how to pursue policy information and benefits without creating avoidable legal problems.

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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.