Usually not. When a Florida resident dies, life insurance payable to a named beneficiary belongs to that beneficiary and is exempt from the claims of the insured’s creditors, unless the policy or an assignment provides otherwise (§ 222.13). The beneficiary claims it directly from the insurer with a death certificate.
Insurance goes through probate when it is payable to the insured, the insured’s estate, or the estate’s representatives. It then becomes an estate asset, administered like any other and available to the estate’s creditors (§ 222.13).
When insurance ends up in the estate
- The policy names “my estate” as beneficiary.
- All named beneficiaries died before the insured, and the policy’s default is the estate.
- No beneficiary was ever named.
Policies payable to a trust
Insurance may be made payable to the trustee of a trust, including a trust created by the insured’s will. Florida law then treats it as passing to the trustee rather than through the estate, and generally keeps it free of estate debts to the same extent as if paid to an individual (§ 733.808).
Former spouses
If the insured divorced after naming the spouse as beneficiary, the designation is generally void and the proceeds pass as if the former spouse had died first (§ 732.703). There are important exceptions: policies under employer plans governed by federal law, designations a divorce decree required, and designations made after the divorce.
Minor beneficiaries
An insurer cannot pay a child directly. Parents may receive up to $15,000 in total for a minor without court appointment (§ 744.301(2)); larger amounts typically go to a custodian named in the beneficiary designation (§ 710.104), a trust, or a court-appointed guardian.
Cash value during life
The cash surrender value of a Florida resident’s life insurance policy is also generally protected from the insured’s creditors (§ 222.14).
What changes the answer
- Who is named as primary and contingent beneficiary, and whether they are living
- Whether the policy is through an employer plan
- Whether the insured was divorced after naming a beneficiary
- Whether a beneficiary is a minor
An example
A father has a $250,000 policy naming his two adult sons equally, and a $20,000 policy naming “my estate.” His estate has more debts than assets. Each son receives $125,000 directly from the insurer, and his creditors cannot reach it. The $20,000 policy is paid to the personal representative and used to pay estate debts in their statutory order.
Common mistakes
- Assuming the will controls who receives the insurance
- Naming “my estate” as beneficiary, which exposes the proceeds to creditors and probate
- Naming a minor directly without a custodian or trust
- Not updating the beneficiary after a divorce, marriage, or death
What to gather
- The policy or the insurer’s contact information and policy number
- Certified death certificates
- The current beneficiary designation (the insurer can confirm it)
- Any divorce decree or marital agreement mentioning the policy
Next step
Contact each insurer, ask who the current beneficiaries are, and request its claim form. If the estate is the beneficiary, the personal representative will need letters to collect.
Related guidance
- Do retirement accounts require probate?
- What if a beneficiary is a minor?
- Do beneficiaries inherit estate debts?
- Why is probate required?
Sources: Florida Statutes § 222.13, § 222.14, § 710.104, § 732.703, § 733.808, and § 744.301 (2026). Checked on October 23, 2026.