How do you access state retirement or insurance benefits in North Carolina when no beneficiary is named on the account? - Florida
The Short Answer
In Florida, if a retirement plan or insurance-type death benefit has no valid living beneficiary (or the designation fails), the benefit is often paid to the decedent’s estate—which usually means a probate case is required so a court-appointed personal representative can collect it.
Because these benefits are controlled by the account contract and overlapping state/federal rules, it’s common for the payor (plan administrator/insurer) to require formal probate authority before releasing funds.
What Florida Law Says
Many “death benefits” (including life insurance and certain plan benefits) are designed to pass outside probate when a beneficiary is properly named. But when there is no trustee/beneficiary who can claim, Florida law provides a pathway for payment to the personal representative of the estate—meaning the estate administration becomes the collection mechanism.
The Statute
The primary law governing this issue is Fla. Stat. § 733.808.
This statute establishes that certain death benefits may be payable to a trust, and if no trustee makes a proper claim (or there will be no trustee), the obligor may pay the proceeds to the personal representative (unless otherwise provided by agreement).
For life insurance specifically, Florida also recognizes that when proceeds are payable to the insured’s estate (or otherwise end up payable to the estate), they become probate assets administered by the personal representative under Florida probate law. See Fla. Stat. § 222.13.
If the benefit is held in a transfer-on-death/beneficiary form registration (common with some securities accounts), and no beneficiary survives, Florida law provides the asset belongs to the estate. See Fla. Stat. § 711.507.
If your question is really about a decedent who worked in North Carolina or had a “state” plan there, you still may need Florida probate (if the decedent was a Florida resident), and sometimes ancillary administration or additional documentation depending on where the plan is administered and what the plan terms require.
Related reading: How do I find out if I’m a life insurance beneficiary in Florida? and Do 401(k) and life insurance beneficiary accounts avoid probate in Florida?.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Some benefits have claim windows, and Fla. Stat. § 733.808 references a 6-month period tied to trustee claims in certain situations—timing and paperwork can affect where payment is directed.
- Burden of Proof: The plan administrator/insurer typically requires proof of death, proof of authority (letters of administration), and proof of who is legally entitled—especially when no beneficiary is named.
- Exceptions: Federal law and plan terms can override state rules for some retirement plans, and Florida’s rules can also change outcomes if a former spouse is involved or if the asset type is treated differently by contract.
Trying to handle this alone can lead to delays, denials, or paying the wrong party—creating disputes that are expensive to fix after the money is released.
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.
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.