Miami Gardens Probate Court Records

Probate court records for Miami Gardens are filed and maintained through Miami-Dade County, which is served by the 11th Judicial Circuit. When a Miami Gardens resident dies with assets in their name, their estate goes through the probate process at the Miami-Dade County Courthouse in downtown Miami. This page covers how to find those records, what types of cases exist, how much it costs to file, and where to get help if you need it. The Miami-Dade Clerk of Courts maintains a public online portal where you can search estate cases by name or case number.

Which County Handles Probate for Miami Gardens

Miami Gardens is in Miami-Dade County. All probate cases for Miami Gardens residents go to the Miami-Dade County Courthouse. The county is part of the 11th Judicial Circuit of Florida, one of the largest court systems in the state. Clerk Juan Fernandez-Barquin oversees all probate filings made in the county.

The courthouse is located in downtown Miami, roughly 12 miles south of Miami Gardens. Parking near the courthouse can be tight on weekday mornings, so plan extra time if you go in person. The probate division is inside the main courthouse building. See the full Miami-Dade County probate records page for more county-level detail.

The 11th Circuit Court website provides general information on court procedures and forms. You can get an overview of what the circuit handles at jud11.flcourts.org.

The official Miami Gardens city site does not handle probate directly, but residents can confirm residency details and get city contact information at miamigardensfl.gov.

How to Search Probate Records in Miami Gardens

The Miami-Dade Clerk of Courts runs an online case search system. You can search probate records by the name of the deceased person, the name of the personal representative, or a case number if you have one. The search tool is free to use. Most records are public under Florida law, though some financial documents in estate cases, like inventories and accountings, are confidential.

To search online, go to miami-dadeclerk.com and look for the case search or public records search section. You can search by party name. The system covers probate cases filed in Miami-Dade County. If you are looking for an older case, records may not be in the online system. For older filings, you may need to call or visit the clerk's office directly.

The clerk's office visit the courthouse at 73 W Flagler St, Miami, FL 33130. Bring the full name of the deceased and an approximate year of death if you can. Staff can search older physical records on request. Copies of records typically cost $1.00 per page, and certified copies cost more.

The 11th Circuit's online search portal is another place to look for case status and docket information once you have a case number. Visit jud11.flcourts.org for links to case lookup tools.

Types of Probate Cases

Florida law sets out several ways to handle a deceased person's estate, depending on what they owned and how long ago they died. Miami-Dade County handles all three main types for Miami Gardens residents.

Formal Administration is the standard process for estates worth more than $75,000. It involves court oversight, a personal representative, notice to creditors, and a formal close of the estate. This process takes at least four months because Florida law gives creditors that long to file claims. An attorney is required for most formal administrations.

Summary Administration is available for smaller estates. If the total estate value is $75,000 or less, or if the person died more than two years ago, the family may use this shorter process. Summary Administration is faster and costs less. A petition is filed, and if no issues come up, the court can order distribution within weeks rather than months.

Disposition Without Administration is for the simplest cases. If the deceased had no real property and only left behind money to cover funeral expenses and final medical bills, and the total is under $6,000, no formal probate may be needed at all. The family can get a court order to release those funds without opening a full probate case.

Some assets never go through probate at all. Property held jointly with right of survivorship, retirement accounts with named beneficiaries, life insurance policies, and assets held in a trust all pass outside of probate. This is worth knowing because it affects what actually needs to go through the Miami-Dade court system.

Probate Filing Fees

Filing fees in Miami-Dade County are set by the state and apply the same way for Miami Gardens residents as for anyone else in the county. The fee is based on the value of the estate.

For estates valued at $1,000 or less, the filing fee is $235. For estates between $1,001 and $2,500, the fee is $270. Estates between $2,501 and $10,000 pay $300. Estates between $10,001 and $25,000 pay $355. Estates between $25,001 and $75,000 pay $405. For estates worth more than $75,000, the fee is $405 plus an additional $3.00 for every $1,000 over $75,000. There is a cap on total fees.

Additional costs apply throughout the process. These include a filing fee for the inventory, fees to record the final judgment, costs to publish a notice to creditors in a local newspaper, and fees for copies or certified copies of documents. Attorneys' fees are set separately and can be significant for larger estates.

For the current fee schedule, call the Miami-Dade Clerk's office at (305) 275-1155 or check miami-dadeclerk.com. Fees can change, and it is good to confirm the current amounts before filing.

Wills and the Deposit Requirement

Florida law requires that anyone in possession of a will must deposit it with the clerk of the circuit court within 10 days of learning of the person's death. This is set out in Florida Statutes section 732.901. Failing to deposit a will can lead to legal liability. Depositing a will does not automatically open a probate case. It just places the will on file with the court.

Miami Gardens residents file wills with the Miami-Dade County Clerk. The will goes on record and is available to interested parties. If probate is later opened, the will becomes part of that case file.

All wills filed with the clerk become public records at the time of filing or when probate begins. The Florida Probate Code, covered in Chapters 731 through 735 of the Florida Statutes, governs the full probate process in Miami Gardens and across the state.

Legal Resources for Miami Gardens Residents

Probate can be complex, and many families find that working with an attorney saves time and prevents costly mistakes. Several resources are available to Miami Gardens residents who need legal help with estate matters.

The Florida Bar's lawyer referral service can connect you with a probate attorney in Miami-Dade County. Visit floridabar.org to search for lawyers by practice area and location. The Bar also has a fee arbitration program if there is a dispute about attorney fees in a probate matter.

Legal Services of Greater Miami provides free civil legal help to income-eligible residents. Estate and probate matters sometimes qualify depending on circumstances. Visit lsgmi.org to learn more about eligibility and how to apply for services.

The 11th Circuit Court also has a self-help center at the courthouse for people who are not represented by an attorney. Staff can provide general information and help you understand forms. They cannot give legal advice, but they can point you in the right direction. Check jud11.flcourts.org for self-help center hours.

Florida Courts also maintains a statewide self-help site at flcourts.gov where you can download standard probate forms and read plain-language guides on the process.

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The 11th Judicial Circuit Court website at jud11.flcourts.org covers all circuit-level court operations for Miami-Dade County, including the probate division that handles Miami Gardens estates.

The Miami Gardens city homepage at miamigardensfl.gov confirms the city's location in Miami-Dade County and provides local government contact information.

The Miami-Dade Clerk of Courts at miami-dadeclerk.com is where probate filings for Miami Gardens are processed and where you can search records online.

The clerk site is the main access point for anyone searching estate cases tied to a Miami Gardens address.

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