The Short Answer

Under Florida law, if a life insurance policy has no living named beneficiary (or is payable to the insured/estate), the proceeds are typically treated as part of the decedent’s probate estate and are handled by the court-appointed personal representative. That means the money is usually distributed under Florida probate rules (and may be exposed to estate administration issues) rather than paid directly to a person outside probate.

What Florida Law Says

Florida generally honors the beneficiary designation on a life insurance policy. But when the policy is payable to the insured, the insured’s estate, or similar estate representatives—or when there is no effective beneficiary designation—the proceeds are treated as an estate asset “for all purposes” and must be administered through probate by the personal representative.

The Statute

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

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

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 proceeds are payable to a trustee (or intended to be paid to a trust), Florida law can trigger a time-sensitive claim window—such as the 6-month period referenced in Fla. Stat. § 733.808—that can affect who receives payment.
• Burden of Proof: Insurers often require clear documentation of who is legally entitled to the proceeds (policy terms, beneficiary records, probate letters, and proof of death). Disputes can arise if multiple people claim entitlement or if paperwork is incomplete.
• Exceptions: The outcome can change if the policy language provides a default beneficiary scheme, if a beneficiary died around the same time as the insured (see Fla. Stat. § 732.601), or if the proceeds were meant to pass to a trust or under a will-based trust arrangement (see Fla. Stat. § 733.808).

Trying to handle this alone can lead to delays, denied claims, or the proceeds being routed into probate (or distributed) in a way you did not expect. A probate attorney can review the policy language, confirm whether the proceeds must be administered through the estate, and help prevent avoidable disputes among heirs or claimants.

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.