Miami-Dade County Probate Court Records

Miami-Dade County probate court records are maintained by the Clerk of Courts under Clerk Juan Fernandez-Barquin, covering formal and summary estate administrations, will deposits, guardianship proceedings, and related civil matters for Florida's most populous county. The 11th Judicial Circuit covers Miami-Dade County exclusively, with all circuit probate resources focused on this single county. This page explains how to search records, which probate process applies to a given estate, and how to contact the clerk's office or the 11th Circuit Probate Operations Division for specific case needs.

Miami-Dade Clerk of Courts - Probate Division

The Miami-Dade Clerk of Courts handles probate filings for the county. The main probate filing location is at the Richard E. Gerstein Justice Building in downtown Miami. Clerk Juan Fernandez-Barquin oversees operations, and the office processes a very high volume of estate cases given the county's size.

The clerk's office website offers online access to case information and public documents. Most probate documents are public records. However, inventories and accountings filed in estates are confidential under Florida law. In addition, Florida law prohibits the Clerk from placing an image or copy of a court file on a publicly available Internet Web site, so physical access or a formal copy request may be needed for certain documents.

The Miami-Dade Clerk homepage is a good starting point. It links to the online case search system, probate division contacts, and filing fee schedules. The site is available in English and Spanish, which reflects the county's bilingual community.

From this page you can access the case search portal, look up filing fees, and find the right division for your type of case, whether probate, guardianship, or mental health proceedings.

11th Circuit Probate and Guardianship Registry

The 11th Judicial Circuit operates a Probate and Guardianship Registry that is distinct from the clerk's case management function. This registry coordinates attorney appointments for court-supervised cases including guardianship, Baker Act, Marchman Act, incapacity proceedings under Chapter 744, and cases under Chapters 393, 394, and 415 of Florida Statutes.

Registry enrollment is open from January 1 through April 30 each year. Attorneys who want to participate must be members in good standing of the Florida Bar. They must also enter into a JAC contract under Section 27.40 of Florida Statutes. These contracts run through June 30 of each year and must be renewed by July 1 to maintain active registry status.

If you are an attorney seeking appointment in Miami-Dade probate or guardianship matters, contact the registry directly at ProbateRegistryApp@jud11.flcourts.org. The 11th Circuit website contains enrollment forms, contract requirements, and current registry policies.

The registry page also lists which judges preside over probate and guardianship divisions, useful if you need to direct correspondence or motions to the correct judge.

The 11th Circuit court website covers the full range of circuit services in Miami-Dade County. Because this circuit covers only Miami-Dade, all its resources are concentrated on this one county's caseload.

You can find hearing schedules, judge assignment information, and links to e-filing guidance from the 11th Circuit site at jud11.flcourts.org.

How to Search Miami-Dade Probate Records

The Miami-Dade Clerk of Courts maintains an online case search tool where you can look up probate cases by name or case number. Public case information includes filing dates, party names, docket entries, and hearing dates. Document images may be available for some records depending on the case type and filing date.

To search, go to the Miami-Dade Clerk's website and select the case search option. Enter the decedent's name or the case number if you have it. Probate cases are typically filed as Circuit Civil matters in Miami-Dade. You may also search by the name of the personal representative or petitioner if you know it.

For records not available online, you can request copies in person at the probate division counter at 73 West Flagler Street, Suite 133. Certified copies carry a fee. Call (305) 275-1155 to confirm current copy fees and whether a specific record is available for inspection before making the trip.

The Florida Association of Court Clerks and Comptrollers maintains a statewide Find-a-Clerk directory. If you are unsure which county handled an estate, this tool can help identify the right clerk's office.

The Find-a-Clerk page at flclerks.com/page/findaclerk lists contact details for all 67 Florida county clerk offices, including Miami-Dade.

Types of Probate in Miami-Dade County

Florida law provides three main probate processes, and which one applies depends on the estate's size and how long ago the person died. All three are filed with the Miami-Dade Clerk of Courts.

Formal Administration

Formal administration applies 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 requires appointment of a personal representative, notice to creditors, an inventory, and a final accounting. The process is supervised by the circuit court and typically takes six months to two years, sometimes longer for complex estates. An attorney is required in most formal administration cases in Florida.

Summary Administration

Summary administration is available when the estate's gross value is $75,000 or less, or when the decedent has been dead for two or more years. It is a shorter process with fewer court filings. No personal representative is appointed. Instead, interested parties file a petition listing the assets and proposed distribution. The court issues an order of summary administration if the petition is in order. This process can often be completed in a matter of weeks rather than months.

Disposition of Personal Property Without Administration

When an estate consists only of personal property (no real estate) and its value is $6,000 or less, a family member may petition for disposition without administration. This is the simplest process and does not require a formal court case. It is most often used to collect a small bank account or a vehicle. The clerk's office can provide the correct form for this request.

Under Florida Statutes Chapter 733, the procedures for all three types of probate are set out in detail. Chapter 733 governs personal representatives, creditor claims, and distribution of estate assets.

Probate Filing Fees and Costs

Miami-Dade County charges filing fees for probate cases under the statewide fee schedule set by Florida law. Formal administration filing fees are based on the estimated value of the estate. Summary administration petitions carry a separate flat fee. The clerk's office can provide the current fee schedule on request, or you can find it on the Miami-Dade Clerk website.

In addition to filing fees, expect costs for certified copies of letters of administration or court orders. These are typically $1.00 per page plus a certification fee. Service of process fees apply when formal notice must be served on heirs or creditors. Attorney fees in formal administration cases are governed by Florida Statutes Section 733.6171, which sets a schedule based on the estate's value.

Some costs cannot be predicted in advance. Creditor claims, disputes among heirs, or the need to sell real property can all extend a case and add costs. Summary administration is generally less expensive because it skips many of the formal steps.

Legal Resources for Miami-Dade Probate

Several resources are available to people dealing with probate matters in Miami-Dade County. The Florida Courts website at flcourts.gov provides self-help resources, court forms, and information on the probate process statewide. Many of the approved Florida Supreme Court forms for probate can be downloaded at no cost.

The Dade County Bar Association and the Miami-Dade chapter of the Florida Bar Lawyer Referral Service can connect you with a probate attorney if you need one. Legal Services of Greater Miami provides free civil legal help to low-income residents, including some probate and estate matters. Call their intake line to find out if your situation qualifies.

Florida law generally requires an attorney in formal administration cases when the estate has more than a minimal value or when there are creditor disputes. In summary administration, some people do file without an attorney, but the process can still be complex depending on the assets involved.

Cities in Miami-Dade County

Miami-Dade County includes dozens of incorporated cities and unincorporated communities. All probate cases from across the county are filed with the Miami-Dade Clerk of Courts, regardless of which city the decedent lived in. Cities with their own pages on this site include Miami, Hialeah, Miami Gardens, Doral, Miami Beach, and Homestead. Other communities in the county include Coral Gables, North Miami, North Miami Beach, Kendall, Cutler Bay, Aventura, Opa-locka, Sweetwater, and Palmetto Bay. Residents of all these areas file probate cases with the same clerk's office at 73 West Flagler Street in Miami.

Nearby Counties

Miami-Dade County borders Broward County to the north, and Monroe County to the south. Collier County is to the northwest. Each neighboring county has its own clerk of courts and probate division.