The Short Answer

In Florida, life insurance proceeds usually pass outside probate to the beneficiary listed with the insurer. But if a beneficiary change was started and not properly completed under the policy’s requirements, the insurer may treat the prior beneficiary designation as controlling—or, if there is no valid beneficiary, the proceeds may be payable to the estate, which can pull the money into probate.

What Florida Law Says

Beneficiary rights in life insurance are largely controlled by the policy contract and Florida insurance statutes. Florida law contemplates that an insured can change beneficiaries by giving the insurer written notice, and many policies also require the insurer to record/endorse the change before it is binding. When a change is “incomplete,” disputes often turn on whether the insured satisfied the policy’s requirements enough for the change to be effective.

The Statute

The primary law governing this issue is Fla. Stat. § 627.617.

This statute requires life insurance contracts to include a provision that the insured can change the beneficiary by giving the insurer written notice (and that the beneficiary’s consent is not required unless the designation is irrevocable).

Also important is that policies may state a change is not binding on the insurer until it is endorsed/recorded by the insurer. See Fla. Stat. § 627.512.

Finally, if the policy is payable to the insured’s estate (or there is no valid beneficiary and the policy’s default payout goes to the estate), the proceeds can become a probate asset. See Fla. Stat. § 222.13.

If you want more background on when life insurance typically avoids probate, see: Do Life Insurance Proceeds Avoid Probate in Florida If There’s a Named Beneficiary?

Why You Should Speak with an Attorney

While the statutes give the general rule, applying it to an “incomplete” beneficiary change is rarely simple. Legal outcomes often depend on:

• Strict Policy Requirements: Under Florida law, beneficiary changes are made by giving the insurer written notice, but the policy may also require insurer endorsement/recording before the change is binding. See Fla. Stat. § 627.617 and § 627.512.
• Burden of Proof: If you are challenging a payout (or trying to enforce a change that wasn’t processed), you may need evidence showing what was submitted, when it was submitted, and whether the insured had the right to change beneficiaries (for example, whether a designation was irrevocable).
• Probate vs. Non-Probate Consequences: If there is no valid beneficiary and the proceeds become payable to the estate, the money may be administered in probate and potentially exposed to estate administration issues. See Fla. Stat. § 222.13.

These disputes can move quickly because insurers may pay the “last recorded” beneficiary, or they may freeze payment if competing claims are made. A Florida probate attorney can evaluate the policy language, the change paperwork, and the estate posture to protect your rights and pursue the correct recipient of the proceeds.

Related: How Can I Fix a Wrong Life Insurance Payout in Florida?

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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.