Florida Statutes
Fla. Stat. § 733.808 (2025)
Death benefits; disposition of proceeds.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.808 Death benefits; disposition of proceeds.—
(1) Death benefits of any kind, including, but not limited to, proceeds of:
(a) An individual life insurance policy;
(b) A group life insurance policy;
(c) A benefit plan as defined by s. 710.102;
(d) An annuity or endowment contract; and
(e) A health or accident policy,
may be made payable to the trustee under a trust agreement or declaration of trust in existence at the time of the death of the insured, employee, or annuitant or the owner of or participant in the benefit plan. The death benefits shall be held and disposed of by the trustee in accordance with the terms of the trust as they appear in writing on the date of the death of the insured, employee, annuitant, owner, or participant. It shall not be necessary to the validity of the trust agreement or declaration of trust, whether revocable or irrevocable, that it have a trust corpus other than the right of the trustee to receive death benefits.
(2) Death benefits of any kind, including, but not limited to, proceeds of:
(a) An individual life insurance policy;
(b) A group life insurance policy;
(c) A benefit plan as defined in s. 710.102;
(d) An annuity or endowment contract; and
(e) A health or accident policy,
may be made payable to the trustee named, or to be named, in a written instrument that is admitted to probate as the last will of the insured, the owner of the policy, the employee, owner, or participant covered by the plan or contract, or any other person, whether or not the will is in existence at the time of designation. Upon the admission of the will to probate, the death benefits shall be paid to the trustee, to be held, administered, and disposed of in accordance with the terms of the trust or trusts created by the will.
(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.
(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.
(5) The death benefits held in trust may be commingled with any other assets that may properly come into the trust.
(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.—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.
Note.—Created from former s. 736.172.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1991–2024 · leading case: Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012).
Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012). “While the mere fact that life insurance proceeds are payable to a trust, rather than directly to a natural person, does not deprive them of their exempt status, 4 section 733.808(1), Florida Statutes (2008), *486 makes it clear that life insurance proceeds payable to a trust…”
Loewer v. New York Life Ins., 773 F. Supp. 1518 (M.D. Fla. 1991). “736(4)(b) and Fla.Stat. § 733.808 (1985). The Florida Legislature did not explicitly set out its intent regarding when the limitations period should begin to run under the statute of limitations listed under § 95.”
Loewer v. New York Life Ins., 805 F. Supp. 956 (M.D. Fla. 1992). “In support of this claim Plaintiff relies on Florida Statutes, section 733.808(2) which provides, in pertinent part, that death benefits of any kind, including, but not limited to, proceeds of an individual or group life insurance policy [m]ay be made payable to the trustee…”
Ozimkoski v. Comm'r, 2016 T.C. Memo. 228 (Tax Ct. 2016). “'s IRA assets during the pendency of probate litigation.”
The Nw. Mut. Life Ins. Co. v. Cross (M.D. Fla. 2024). “§ 733.808 (4). Therefore, the motion to dismiss is denied as to the rescission claim in Count I.”
— 733.808(1) — 1 case
Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012). “While the mere fact that life insurance proceeds are payable to a trust, rather than directly to a natural person, does not deprive them of their exempt status, 4 section 733.808(1), Florida Statutes (2008), *486 makes it clear that life insurance proceeds payable to a trust…”
— 733.808(2) — 1 case
Loewer v. New York Life Ins., 805 F. Supp. 956 (M.D. Fla. 1992). “In support of this claim Plaintiff relies on Florida Statutes, section 733.808(2) which provides, in pertinent part, that death benefits of any kind, including, but not limited to, proceeds of an individual or group life insurance policy [m]ay be made payable to the trustee…”
— 733.808(3) — 1 case
Loewer v. New York Life Ins., 773 F. Supp. 1518 (M.D. Fla. 1991). “736(4)(b) and Fla.Stat. § 733.808 (1985). The Florida Legislature did not explicitly set out its intent regarding when the limitations period should begin to run under the statute of limitations listed under § 95.”
— 733.808(4) — 1 case
Morey v. Everbank, 93 So. 3d 482 (Fla. 1st DCA 2012). “While the mere fact that life insurance proceeds are payable to a trust, rather than directly to a natural person, does not deprive them of their exempt status, 4 section 733.808(1), Florida Statutes (2008), *486 makes it clear that life insurance proceeds payable to a trust…”
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