The Short Answer

In Florida, life insurance proceeds are generally paid to the beneficiary who was alive at the insured’s death. If that beneficiary later dies before the insurer issues payment, the proceeds typically become an asset of the beneficiary’s estate and are claimed by that beneficiary’s personal representative (unless the policy names a contingent beneficiary or a trust/other payee controls).

What Florida Law Says

Florida law focuses on who the policy designates to receive the proceeds at the insured’s death. If there is a living designated beneficiary at the time the insured dies, the proceeds generally “inure” to that beneficiary rather than becoming part of the insured’s probate estate. If the policy is payable to the insured’s estate (or has no living beneficiary at the insured’s death), the proceeds are treated differently and may be administered through probate.

The Statute

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

This statute establishes that life insurance proceeds generally belong to the person designated in the policy, but if the proceeds are payable to the insured or the insured’s estate (or similar), then the proceeds become part of the insured’s estate and are administered in probate.

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: Policies often require a claim and “due proof of death” within a stated period (commonly at least 30 days after death), and delays can trigger alternative payee provisions in the policy. See Fla. Stat. § 627.513.
• Burden of Proof: The insurer may require documentation showing (1) the insured’s death, (2) the beneficiary’s survival status at the insured’s death, and (3) who has legal authority to receive funds if the beneficiary later died (often the beneficiary’s estate representative).
• Exceptions: The outcome can change if there is a contingent beneficiary, a trust is named (or a trustee is involved), or the policy’s “facility of payment” language allows payment to other persons in limited situations. Trust-related designations can also affect whether proceeds bypass probate. See Fla. Stat. § 733.808.

Trying to handle this alone can lead to avoidable disputes between the insured’s family and the beneficiary’s heirs, insurer delays, or a payment being routed to the wrong party—problems that can be costly to unwind.

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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.