Florida Statute 222.13
“Life insurance policies; disposition of proceeds”
What it means
When a Florida resident dies with life insurance, the proceeds inure exclusively to the named beneficiary and are exempt from the claims of the insured's creditors — unless the policy or a valid assignment of it provides otherwise. The estate's debts do not touch the money.
The exception swallows careless planning: insurance payable to the insured or the insured's estate, or to executors, administrators, or assigns, becomes part of the estate — administered in probate like any other asset, and answerable to creditors. Paying as the statute directs discharges the insurer from further liability.
- Proceeds go exclusively to the named beneficiary, exempt from the insured's creditors.
- The policy itself, or a valid assignment, can give the proceeds away to creditors — the exemption is a default.
- Payable to the insured, the estate, or its executors, administrators, or assigns → the proceeds are estate assets, administered under Florida probate law.
- Payment as directed discharges the insurer; it is not responsible for how the money is applied afterward.
How it plays out
The most expensive beneficiary designation we see is “my estate.” It converts a creditor-proof payout into probate property that waits out administration and answers claims. A living named beneficiary keeps the money clear of both. We confirm beneficiaries on every policy early in a file, because a predeceased beneficiary with no contingent named often drops the proceeds into the estate by default — same result, and nobody chose it.
Where this shows up
Pages on this site where § 222.13 does real work:
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