Florida Statute 222.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.13

222.13 Life insurance policies; disposition of proceeds.—

(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the insured or to the insured’s estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured’s estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured’s estate.

(2) Payments as herein directed shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments.

History.—s. 1, ch. 1864, 1872; RS 2347; s. 1, ch. 4555, 1897; s. 1, ch. 5165, 1903; GS 3154; RGS 4977; CGL 7065; s. 1, ch. 29861, 1955; s. 1, ch. 59-333; s. 1, ch. 63-230; s. 1, ch. 70-376; s. 51, ch. 71-355; s. 1202, ch. 95-147.

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Amendments to 222.13

Annotations, Discussions, Cases:

Cases Citing Statute 222.13

Total Results: 23

Carter v. Carter

88 So. 2d 153

Supreme Court of Florida | Filed: Jun 6, 1956 | Docket: 1461849

Cited 40 times | Published

the designated beneficiary and further that Section 222.13, Florida Statutes, F.S.A., controls distribution

Ulery v. Asphalt Paving, Inc.

119 So. 2d 432

District Court of Appeal of Florida | Filed: Apr 7, 1960 | Docket: 451246

Cited 18 times | Published

Appellants claim to derive their interests under Section 222.13, Florida Statutes 1957, F.S.A.,[1] the pertinent

Asphalt Paving, Inc. v. Ulery

149 So. 2d 370

District Court of Appeal of Florida | Filed: Jan 29, 1963 | Docket: 1479824

Cited 11 times | Published

theory that they were the beneficiaries (under Section 222.13, Florida Statutes[1]) of two $25,000 insurance

In Re Estate of Seaton

18 So. 2d 20, 154 Fla. 446, 1944 Fla. LEXIS 730

Supreme Court of Florida | Filed: May 12, 1944 | Docket: 3262192

Cited 11 times | Published

that such proceeds inured to her by virtue of Section 222.13, Florida Statutes, 1941. Certain motions were

Morey v. Everbank

93 So. 3d 482, 2012 WL 3000608, 2012 Fla. App. LEXIS 11876

District Court of Appeal of Florida | Filed: Jul 24, 2012 | Docket: 60310614

Cited 8 times | Published

below, the Trustee relies on this language in section 222.13(1), Florida Statutes (2008): Whenever any person

In Re Wines

113 B.R. 787, 1990 Bankr. LEXIS 744

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 16, 1990 | Docket: 1837021

Cited 5 times | Published

under the state constitution of the predecessor of § 222.13, Florida Statutes,[11] the Act of *792 1872, chapter

Hamilton v. Liberty National Life Insurance Co.

207 So. 2d 472

District Court of Appeal of Florida | Filed: Feb 28, 1968 | Docket: 463314

Cited 4 times | Published

take", and the estate was denied recovery. F.S. § 222.13, F.S.A. provides that insurance proceeds shall

Swenszkowski v. Compton

662 So. 2d 722, 1995 WL 619184

District Court of Appeal of Florida | Filed: Oct 10, 1995 | Docket: 1683558

Cited 3 times | Published

virtue of the credit life insurance. Thus, section 222.13(1), Florida Statutes (1989), does not bar Swenszkowski's

In Re Morrison

403 B.R. 895, 21 Fla. L. Weekly Fed. B 723, 2009 Bankr. LEXIS 1027, 2009 WL 1059190

United States Bankruptcy Court, M.D. Florida | Filed: Mar 2, 2009 | Docket: 1462375

Cited 2 times | Published

also claimed the interest as exempt pursuant to § 222.13 and § 222.14 of the Florida Statutes. (Doc. 71)

In Re Zeitz

171 B.R. 903, 1994 Bankr. LEXIS 1422

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 23, 1994 | Docket: 1458464

Cited 2 times | Published

of a life insurance policy. While under Florida Statute 222.13, the proceeds of a life insurance policy

In Re Bezares

383 B.R. 796, 21 Fla. L. Weekly Fed. B 247, 2007 Bankr. LEXIS 4577, 2007 WL 5037681

United States Bankruptcy Court, M.D. Florida | Filed: Dec 6, 2007 | Docket: 1081898

Cited 1 times | Published

the Supreme Court of Florida considered Florida Statute 222.13, the life insurance policy exemption, and

In Re Zesbaugh

190 B.R. 951, 9 Fla. L. Weekly Fed. B 288, 1995 Bankr. LEXIS 1914, 1995 WL 787907

United States Bankruptcy Court, M.D. Florida | Filed: Nov 20, 1995 | Docket: 1559612

Cited 1 times | Published

insurance policies which is governed by Fla.Stat. § 222.13. This Statute, (emphasis supplied) expressly exempts

In Re Estate of RLB

259 So. 2d 206, 1972 Fla. App. LEXIS 7085

District Court of Appeal of Florida | Filed: Mar 15, 1972 | Docket: 471606

Cited 1 times | Published

other surviving children, entitled under F.S. § 222.13 F.S.A. to receive the policy proceeds. The County

W.C. Bass & Sons, Inc. v. Gilman

677 So. 2d 338, 1996 Fla. App. LEXIS 6519, 1996 WL 334306

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 64766305

Published

final summary judgment. We affirm because Florida Statute 222.13(1)(1993) clearly exempts life insurance

Crossley v. Travelers Insurance Co.

314 So. 2d 607, 1975 Fla. App. LEXIS 13656

District Court of Appeal of Florida | Filed: Jun 20, 1975 | Docket: 64547386

Published

heir *609under the intestate laws and Fla.Stat. § 222.13 (1973). The trial court determined the issue in

In re Estate of Hunt

222 So. 2d 272, 1969 Fla. App. LEXIS 5806

District Court of Appeal of Florida | Filed: Apr 29, 1969 | Docket: 64509657

Published

children in equal portions pursuant to Fla.Stat. § 222.13, F.S.A. After a hearing, the county judge entered

In re Estate of Weymer

199 So. 2d 495, 1967 Fla. App. LEXIS 4893

District Court of Appeal of Florida | Filed: Jun 8, 1967 | Docket: 64501115

Published

specifically bequeathed and in accordance with F.S.A. § 222.13 were the property of his ward. The guardian further

Miami Beach First National Bank v. Horner

188 So. 2d 386, 1966 Fla. App. LEXIS 5096

District Court of Appeal of Florida | Filed: Jun 28, 1966 | Docket: 64497360

Published

interpretation of section 222.13(2) Fla.Stat. 1963, F.S.A. We reverse. The pertinent subsection of § 222.13 Fla.Stat

Thomas v. Nuckols

157 So. 2d 712

District Court of Appeal of Florida | Filed: Nov 21, 1963 | Docket: 60216637

Published

which the chancellor construed and applied F.S. § 222.13, F.S.A., relating to the disposition of proceeds

In re Estate of Alworth

151 So. 2d 478, 1963 Fla. App. LEXIS 3556

District Court of Appeal of Florida | Filed: Apr 2, 1963 | Docket: 60210897

Published

7065, Compiled General Laws of Florida 1927, and § 222.13, Florida Statutes 1941. No material amendments

Ruza v. Estate of Ruza

132 So. 2d 308

District Court of Appeal of Florida | Filed: Aug 10, 1961 | Docket: 60198111

Published

ground that the order entered improperly ignored section 222.13, Fla.Stat., F.S.A. which provides, among other

In re Estate of Mitchell

96 So. 2d 661, 1957 Fla. LEXIS 3578

Supreme Court of Florida | Filed: Jul 10, 1957 | Docket: 64489399

Published

sought to have the exemptions provided by F.S. § 222.13, F.S.A., applied to the life insurance policies

Pacific Mut. Life Ins. v. Jones

100 F. Supp. 466, 1951 U.S. Dist. LEXIS 3958

District Court, N.D. Florida | Filed: Oct 16, 1951 | Docket: 65997978

Published

provisions of the will. The applicable Statute, Section 222.13 F.S.A.1941, is as follows : “Whenever any person