Florida Statutes

Fla. Stat. § 222.13 (2025)

Life insurance policies; disposition of proceeds.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1944–2024 · leading case: Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012).

Sort: Relevance Newest Treatment

Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012). · cites it 10× “808(1) does not mention section 222.13, “there is no indication by the Legislature that the terms of Section 733.”

Carter v. Carter, 88 So. 2d 153 (Fla. 1956). · cites it 8× “The petitioner-widow contends that her acquittal in the criminal proceeding precludes any assault on her right to receive the proceeds of the insurance policy as the designated beneficiary and further that Section 222.13, Florida Statutes, F.S.A., controls distribution of the…”

Ulery v. Asphalt Paving, Inc., 119 So. 2d 432 (Fla. 1st DCA 1960). · cites it 10× “Appellants claim to derive their interests under Section 222.13, Florida Statutes 1957, F.”

Asphalt Paving, Inc. v. Ulery, 149 So. 2d 370 (Fla. 1st DCA 1963). · cites it 5× “Their claim of subrogation is based on the theory that they were the beneficiaries (under Section 222.13, Florida Statutes [1] ) of two ,000 insurance policies on Ulery's life, who prior to death had assigned the policies to Westfield and Orr, respectively, as collateral…”

In re Est. of Alworth, 151 So. 2d 478 (Fla. 1st DCA 1963). · cites it 7× “In construing the same statute which was in effect at the time the four above cited decisions were rendered, the court: “Section 222.13, Florida Statutes, F. S.A.”

In re Est. of Weymer, 199 So. 2d 495 (Fla. 4th DCA 1967). · cites it 6× “Upon hearing the guardian maintained that the proceeds from the insurance policy were not specifically bequeathed and in accordance with F.S.A. § 222.13 were the property of his ward.”

Miami Beach First Nat'l Bank v. Horner, 188 So. 2d 386 (Fla. 3d DCA 1966). · cites it 5× “The pertinent subsection of § 222.13 Fla.Stat., F.S.A. is as follows: “(2) Whenever any person residing in the state shall die leaving surviving no child or spouse, and leaving insurance on his life for the benefit of the estate of the insured or payable to the estate or to the…”

In Re Zesbaugh, 190 B.R. 951 (Bankr. M.D. Fla. 1995). · cites it 9× “This leaves for consideration the Debtor’s claim of exemption of the proceeds of the life insurance policies which, according to the Debtor, are exempt pursuant to Fla.Stat. §§ 222.13 and 222.14. It should be noted at the outset that Fla.”

Hamilton v. Liberty Nat'l Life Ins. Co., 207 So. 2d 472 (Fla. 2d DCA 1968). · cites it 3× “F.S. § 222.13, F.S.A. provides that insurance proceeds shall pass outside probate and inure to the benefit of the children and surviving spouse.”

In Re Est. of Seaton, 18 So. 2d 20 (Fla. 1944). · cites it 2× “Seaton, deceased, petitioning the Court for leave to take possession of the proceeds of the four policies of insurance in her individual personal capacity, upon the ground that such proceeds inured to her by virtue of Section 222.13, Florida Statutes, 1941. Certain motions were…”

In Re Wines, 113 B.R. 787 (Bankr. S.D. Florida 1990). · cites it 2× “at 689 -690: ■ Sections 1 and 2, article 9, of the [Florida] Constitution of 1868, provided for an exemption of homestead real estate and the improvements thereon, “owned by the head of a family residing in this State,” “together with one thousand dollars’ worth of personal…”

Swenszkowski v. Compton, 662 So. 2d 722 (Fla. 1st DCA 1995). · cites it 2× “Thus, section 222.13(1), Florida Statutes (1989), does not bar Swenszkowski's claim.”

Show all 26 citing cases →

— 222.13(1) — 2 cases

Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012). “808(1) does not mention section 222.13, “there is no indication by the Legislature that the terms of Section 733.”

Swenszkowski v. Compton, 662 So. 2d 722 (Fla. 1st DCA 1995). “Thus, section 222.13(1), Florida Statutes (1989), does not bar Swenszkowski's claim.”

— 222.13(2) — 1 case

Miami Beach First Nat'l Bank v. Horner, 188 So. 2d 386 (Fla. 3d DCA 1966). “The pertinent subsection of § 222.13 Fla.Stat., F.S.A. is as follows: “(2) Whenever any person residing in the state shall die leaving surviving no child or spouse, and leaving insurance on his life for the benefit of the estate of the insured or payable to the estate or to the…”

— 222.13(3) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.