Search Miami Probate Court Records

Miami-Dade County Handles Probate for Miami Residents

Probate is filed in the county where the deceased person lived, not at the city level. Miami residents file at the Miami-Dade County Courthouse. The Probate Division is in Room 238. The clerk who manages all filings is Juan Fernandez-Barquin, the Miami-Dade Clerk of Courts.

The 11th Judicial Circuit covers Miami-Dade County only. It is one of the busiest judicial circuits in the state, and its probate division handles a high volume of cases each year. Attorneys who practice in probate here must enroll in the Probate Registry each year. The enrollment window runs from January 1 through April 30. For full county details, see the Miami-Dade County probate records page.

The courthouse sits in downtown Miami near Flagler Street. Parking is limited, so plan ahead. The clerk's office does accept filings by mail for certain case types, and some documents can be filed electronically through the Florida Courts E-Filing Portal.

How to Search Miami Probate Records

The Miami-Dade Clerk of Courts offers an online case search at the clerk's official website. You can search by name, case number, or filing date. Most records from open cases are available to view without charge online. Closed or older cases may require a visit to the courthouse or a written request.

The 11th Circuit's court website at jud11.flcourts.org provides general probate information, local administrative orders, and links to forms. For case-level searches, you will use the clerk's portal rather than the circuit's site.

For lead image reference, visit the 11th Circuit's official court portal.

The 11th Circuit site lists local rules, fee schedules, and contact information for each division of the court, including probate.

Copies of documents cost $1.00 per page for plain copies. Certified copies are $2.00 for the first page and $1.00 for each page after that. If you need a certification seal, that is an additional fee. You can request copies in person, by mail, or through the online portal. Mail requests should include a check made out to the Miami-Dade Clerk of Courts and a self-addressed stamped envelope.

For the clerk's main search portal, visit the official site.

The clerk's online system lets you search by decedent name, case number, or attorney name. Results show the case type, filing date, and current status.

Types of Probate Cases Filed in Miami-Dade

Florida law sets out several ways to handle a decedent's estate. Which one applies depends mainly on the estate's total value and how long ago the person died. Miami-Dade sees all three main types regularly.

Formal Administration is required when the estate's gross value exceeds $75,000 and the person died less than two years ago. This is the full probate process. It involves appointing a personal representative, notifying creditors, filing an inventory, paying debts, and distributing what remains to beneficiaries. Formal administration takes at least a few months. In Miami-Dade, it commonly runs six months to a year, sometimes longer if the estate is complex.

Summary Administration is a faster option. It applies when the estate is worth $75,000 or less, or when the person died two or more years ago. There is no personal representative appointed. The court issues an order of summary administration that directs how assets are distributed. This process can wrap up in a matter of weeks.

Disposition Without Administration is the simplest form. It is available only when the estate has no real property and the only assets are funds needed to cover the deceased person's final expenses, such as medical bills and funeral costs. The total must be under roughly $6,000. The clerk can handle this without a judge in many cases.

Wills must be deposited with the clerk within 10 days of the testator's death under Florida Statute section 732.901. This applies even if no probate case is opened right away. The will becomes a permanent court record once deposited.

Probate Filing Fees in Miami-Dade County

Filing fees are set by Florida statute and are uniform across counties for most case types. Miami-Dade may have some local fees on top of state minimums. Below are the standard ranges you can expect.

For formal administration, the filing fee scales with the value of the estate. Small estates may pay as little as $300 to $400 in court costs. Larger estates can pay well over $1,000 in filing fees alone. Additional fees apply for things like filing the inventory, petitions to sell real property, and objections.

Summary administration filings generally cost less. The base filing fee is typically in the $200 to $300 range. If there is a will to be admitted, there may be a small additional charge for that filing.

Disposition without administration has a minimal fee, often under $50. The clerk can confirm exact amounts at the time of filing. Fee waivers are available for those who qualify based on income. Ask the clerk's office about the process for requesting a waiver.

Keep in mind that court filing fees are separate from attorney fees. Attorney fees in probate are governed by Florida Statute section 733.6171, which sets a schedule based on estate value. Fees are also separate from personal representative compensation, which follows a similar statutory schedule.

Legal Resources and Self-Help for Miami Probate

Probate can be done without an attorney in some cases, especially summary administration for small estates. But formal administration is complex, and most people benefit from legal help.

The Florida Courts Self-Help Center at flcourts.gov has forms and instructions for several probate case types. These are the official forms approved for use in Florida courts.

The Florida Bar Lawyer Referral Service can connect you with a licensed probate attorney. You can reach them at (800) 342-8011 or visit the Florida Bar's website. Many attorneys offer a free or low-cost initial consultation.

For those who cannot afford an attorney, Legal Services of Greater Miami provides civil legal aid to qualifying residents. Their main number is (305) 576-0080. They handle some estate and probate matters depending on the situation and available resources.

The Miami-Dade Public Library also has a legal resources section and can help you find self-help materials. Some library branches offer access to legal databases. Library staff cannot give legal advice, but they can point you to the right resources.

For general information about what city resources look like, the official city site is a useful starting point.

The City of Miami's site does not handle probate directly, but it links to county and court resources that Miami residents need.

The Probate Process for Miami Estates

When someone who lived in Miami dies, the process for handling their estate follows Florida's Probate Code, which is found in Chapters 731 through 735 of the Florida Statutes. Here is a general outline of how formal administration works in Miami-Dade.

First, the person who wants to open the estate files a petition with the Miami-Dade Probate Division. This is usually a family member or the named executor in the will. The petition asks the court to admit the will (if there is one) and to appoint a personal representative.

The court issues Letters of Administration once the personal representative is approved. These letters give the representative legal authority to act on behalf of the estate. Banks, title companies, and other institutions require them before releasing assets.

The personal representative must then notify creditors. There is a formal notice process. Creditors have a set window of time, typically three months from the date of first publication of notice, to file claims against the estate. Claims filed after that window are generally barred.

After creditors are handled, the representative files an inventory of the estate's assets with the clerk. Note that inventories and accountings filed in probate are confidential under Florida law. They are not available to the general public.

Once all debts are paid and any disputes resolved, the representative files a final accounting and a petition for discharge. The court reviews and, if everything is in order, closes the case. The estate's assets then pass to the beneficiaries named in the will or, if there is no will, according to Florida's intestate succession laws.

Timelines vary widely. A simple formal administration with no disputes might close in four to six months. Contested cases can take years. Summary administration is much faster, often wrapping up in four to eight weeks from the date of filing if everything is in order.