Florida Statutes § 733.808

Death benefits; disposition of proceeds

2026 Florida Statutes.

Amended 2026 Florida StatutesSee what changed

  1. (1)
    Death benefits of any kind, including, but not limited to, proceeds of:
    1. (a)
      An individual life insurance policy;
    2. (b)
      A group life insurance policy;
    3. (c)
      A benefit plan as defined by s. 710.102;
    4. (d)
      An annuity or endowment contract; and
    5. (e)
      A health or accident policy, (2) Death benefits of any kind, including, but not limited to, proceeds of:
      1. (a)
        An individual life insurance policy;
      2. (b)
        A group life insurance policy;
      3. (c)
        A benefit plan as defined in s. 710.102;
      4. (d)
        An annuity or endowment contract; and
      5. (e)
        A health or accident policy, (3) In the event no trustee makes proper claim to the proceeds from the insurance company or other obligor within a period of 6 months after the date of the death of the insured, employee, annuitant, owner, or participant, or if satisfactory evidence is furnished to the insurance company or obligor within that period that there is, or will be, no trustee to receive the proceeds, payment shall be made by the insurance company or obligor to the personal representative of the person making the designation, unless otherwise provided by agreement with the insurer or obligor during the lifetime of the insured, employee, annuitant, owner, or participant.
  2. (4)
    Unless the trust agreement, declaration of trust, or will expressly refers to this subsection and directs that it does not apply, death benefits payable as provided in subsection (1), subsection (2), or subsection (3), unless paid to a personal representative under the provisions of subsection (3), shall not be deemed to be part of the decedent’s estate and shall not be subject to any obligation to pay the expenses of the administration and obligations of the decedent’s estate or for contribution required from a trust under s. 733.607(2) to any greater extent than if the proceeds were payable directly to the beneficiaries named in the trust.
  3. (5)
    The death benefits held in trust may be commingled with any other assets that may properly come into the trust.
  4. (6)
    This section does not affect the validity of any designation of a beneficiary of proceeds previously made that designates as beneficiary the trustee of any trust established under a trust agreement or declaration of trust or by will.

History

History.—s. 1, ch. 74-106; s. 38, ch. 77-87; s. 158, ch. 2001-226; s. 7, ch. 2005-101; s. 5, ch. 2014-127.