Florida Probate Rule 5.400

Are life insurance proceeds subject to probate?

Short answer? No. But there are exceptions, of course.

Death benefits which are payable under your life insurance are not considered estate assets. This means they will not be distributed pursuant to your last Will. 

This may mean that, if you are not careful, your life insurance proceeds may go to the wrong people.

The life insurance company is obligated to pay the death benefits to whomever you named as the beneficiary (or beneficiaries).  You can change that beneficiary with your life insurance company by utilizing the company’s appropriate form for changing the beneficiary designation. This is separate and apart…

Read More