Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Florida law, if a decedent owns a life insurance policy but has not named a beneficiary or all named beneficiaries have predeceased the insured, the proceeds become part of the decedent’s estate. You enforce distribution through probate. Here’s how:
- Verify absence of a valid beneficiary. Review the policy and insurer records to confirm no living beneficiary designation exists.
- Open a probate proceeding. File a petition for administration in the circuit court of the county where the decedent resided. See Fla. Stat. § 733.101 (link).
- Appoint a personal representative. The court will appoint someone—often the nearest heir or nominated individual—to administer the estate. See Fla. Stat. § 733.301.
- Inventory the policy. The personal representative lists the life insurance proceeds as an estate asset. See Fla. Stat. § 733.605.
- Notify the insurer and obtain funds. Present the court-issued Letters of Administration to the insurer. If the insurer resists payment, file a motion to compel under Fla. Stat. § 733.712.
- Pay debts and expenses. The personal representative pays valid claims, funeral expenses, and administrative costs per Fla. Stat. § 733.707.
- Distribute the balance per intestacy rules. After obligations, the remaining proceeds pass to heirs under Florida’s intestate succession statute, Fla. Stat. § 732.102 (link).
Key statutes include:
- Fla. Stat. § 732.702 – Effect of beneficiary designation (link).
- Fla. Stat. § 732.703 – Property not effectively disposed of by will (link).
Helpful Hints
- Gather all insurance documents and correspondence before probate.
- Check for any handwritten or electronic beneficiary updates.
- Keep heirs informed to avoid disputes during administration.
- Compile and file creditor claims promptly to prevent excess estate expenses.
- Work closely with your personal representative to streamline court filings.