Overview
Miami-Dade County is Florida's most populous county, with over 2.7 million residents. The Eleventh Judicial Circuit Court, Probate Division handles all estate matters for individuals who were domiciled in Miami-Dade County at the time of death. As the largest probate court in Florida, it processes a high volume of estate filings each year.
Florida probate law provides two primary pathways: Formal Administration (required for estates valued over $75,000 or when the decedent passed away less than two years ago) and Summary Administration (available for estates valued at $75,000 or less, or when the decedent has been dead for more than two years). Miami-Dade County also handles Disposition of Personal Property Without Administration for very small estates.
Florida has no state estate tax or inheritance tax. However, the personal representative (Florida's term for executor) must be either a Florida resident or a close relative of the decedent. The surviving spouse has the right to an elective share of 30% of the augmented estate, and Florida homestead property carries special constitutional protections that may exempt it from probate entirely.
E-filing is mandatory in Miami-Dade County through the Florida Courts E-Filing Portal. The Probate Division operates within the Miami-Dade County Courthouse in downtown Miami.
This guide provides an informational overview of the Miami-Dade County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change, so verify current requirements with the court or an attorney.
Courthouse Information
Miami-Dade County Courthouse — Probate Division
The Probate Division of the Eleventh Judicial Circuit Court is located in the Miami-Dade County Courthouse in downtown Miami.
Address: 73 W. Flagler Street, Miami, FL 33130
Phone: (305) 349-7260
Hours: Monday through Friday, 8:30 AM to 5:00 PM
Probate Clerk's Office: Room 303
The Probate Division handles estates, guardianships, and trust matters. Miami-Dade County has multiple probate judges who are assigned cases based on a divisional system.
Parking and Access
The courthouse is accessible via Metrorail (Government Center Station) and Metrobus routes. Paid parking garages are available nearby. Visitors should plan for security screening at the building entrance. Bring a valid photo ID.
Filing Process
Step 1: Determine the Type of Administration
Before filing, determine which probate pathway is appropriate:
- Formal Administration: Required for estates with assets exceeding $75,000, or when the decedent passed away less than two years ago. This is the most common type of probate in Miami-Dade County.
- Summary Administration: Available when the estate value is $75,000 or less (excluding exempt property), or when the decedent has been dead for more than two years regardless of value.
- Disposition Without Administration: For estates consisting only of exempt property or assets insufficient to cover funeral expenses and reasonable medical bills of the last 60 days.
Step 2: E-File the Petition
Miami-Dade County requires e-filing for all probate petitions through the Florida Courts E-Filing Portal (myflcourtaccess.com). Self-represented filers and attorneys must use this system.
Include with your petition:
- Original will (if applicable) — the original must be deposited with the clerk
- Certified death certificate
- Petition for Administration (Florida Probate Rules Form)
- Oath of Personal Representative
- Designation of Resident Agent (if personal representative lives outside the county)
- Filing fee payment
Step 3: Notice to Creditors
Once the court issues Letters of Administration, the personal representative must:
- Publish a Notice to Creditors in an approved newspaper for two consecutive weeks
- Serve known or reasonably ascertainable creditors with a copy of the notice
- The creditor claims period is 3 months from the date of first publication
Step 4: Letters of Administration
After reviewing the petition and any objections, the court issues Letters of Administration (for intestate estates) or Letters Testamentary (for testate estates). The personal representative can then act on behalf of the estate.
Step 5: Administration and Closing
The personal representative must:
- File an inventory of estate assets within 60 days
- Pay valid creditor claims and estate expenses
- File a final accounting with the court
- Petition for discharge after distributing remaining assets to beneficiaries
For summary administration, no personal representative is appointed. The court enters an order of summary administration directing distribution of assets to the entitled parties.
Local Requirements
Miami-Dade County-Specific Procedures
- E-filing is mandatory for all probate filings through the Florida Courts E-Filing Portal (myflcourtaccess.com).
- Original wills must be deposited with the clerk's office. The original will should not be stapled, highlighted, or have any attachments affixed with tape.
- Notice to Creditors must be published in a Miami-Dade County newspaper approved for legal notices for two consecutive weeks.
- Inventory of estate assets must be filed within 60 days of the personal representative's appointment.
- Accounting is required before the estate can be closed.
Homestead Property
Florida's homestead protections are particularly relevant in Miami-Dade County's real estate market. Under the Florida Constitution:
- Homestead property generally cannot be devised if the decedent is survived by a spouse or minor child (subject to certain exceptions)
- The surviving spouse may elect a life estate in the homestead or a one-half interest as tenants in common
- Homestead is exempt from forced sale and most creditor claims
Elective Share
The surviving spouse may claim an elective share of 30% of the augmented estate. The election must be filed within the earlier of six months after receiving the Notice of Administration or two years after the decedent's death.
Personal Representative Requirements
Florida law requires the personal representative to be either:
- A Florida resident, or
- A spouse, sibling, parent, child, or other close relative of the decedent (even if a non-resident)
Non-resident, non-related individuals generally cannot serve as personal representative in Florida.
Timeline & Fees
Filing Fees (Miami-Dade County)
- Formal Administration petition: approximately $395
- Summary Administration petition: approximately $340 (estates over $1,000) or $230 (estates $1,000 or less)
- Disposition Without Administration: approximately $230
- Notice to Creditors publication: approximately $150-$300 (varies by newspaper)
- Certified copies of Letters: approximately $2.00 per page
- Recording fees: vary by document
Fees are set by Florida statute (Chapter 28, Florida Statutes) and may be updated. Contact the clerk's office for the current fee schedule.
Payment Methods
The clerk's office accepts cash, checks, money orders, and credit/debit cards. E-filing payments are processed electronically with a convenience fee.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple formal estates (no disputes, limited assets): 6-9 months
- Average formal estates: 9-12 months
- Complex or contested estates: 12 months to several years
The minimum timeline for formal administration is driven by the 3-month creditor claims period from the date of first publication of the Notice to Creditors. Miami-Dade County's high filing volume may add processing time compared to smaller counties.
Local Resources
Miami-Dade County Probate Court Resources
- Clerk of Courts — Probate: miamidadeclerk.gov
- E-Filing Portal: myflcourtaccess.com
- Eleventh Judicial Circuit: jud11.flcourts.org
- Florida Probate Rules: Available through the Florida Bar website
Legal Aid and Attorney Referrals
- Legal Aid Society of Miami-Dade County: (305) 579-5733
- Dade County Bar Association Lawyer Referral Service: (305) 371-2220
- Florida Bar Lawyer Referral Service: 1-800-342-8011
Publication
- Daily Business Review: Miami-Dade County's primary legal newspaper for probate notices
- Miami Times: Approved for legal notices in Miami-Dade County