How Does Probate Work in Miami-Dade County, Florida?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. Whether probate is needed in Miami depends on how the estate's assets were titled and the overall value. The Clerk of the Court and Comptroller accepts filings in person and requires e-filing for attorneys.
The Probate Process in Miami-Dade County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Miami, probate runs through the Clerk of the Court and Comptroller at 20 NW 1st Avenue, Miami. The court sits in the 11th Judicial Circuit.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Florida intestacy law when there is no will.
Most Florida estates take 9 monthsFla. Stat. § 733.402Verified May 7, 2026 to 12 monthsFla. Stat. § 733.402Verified May 7, 2026 to move through this process. The 3 monthsFla. Stat. § 733.702Verified May 7, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Clerk of the Court and Comptroller
Probate cases in Miami-Dade County are filed with the Clerk of the Court and Comptroller, located at 20 NW 1st Avenue, Miami, FL 33128. The clerk's office is open Monday - Friday, 9:00 AM - 4:00 PM. Reach the clerk at 305-275-1155.
Attorneys must e-file in Miami-Dade County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
The original will and codicils must be physically delivered to the Clerk's Probate Court Office (20 NW 1st Avenue, Miami) within 10 days after being informed of the death. Probate division forms are provided through the Eleventh Judicial Circuit. The Clerk's Probate Court Office assists self-represented filers only with small-estate petitions, wills on deposit, and caveats; a small-estate petition may be filed in person or by mail.
First Steps After a Death in Miami-Dade County
Handling an estate in Miami-Dade County, Florida means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Clerk of the Court and Comptroller at 20 NW 1st Avenue, Miami. The court is part of the 11th Judicial Circuit.
Probate matters here are routed through the Probate Division. Knowing which office handles what saves time during the first few weeks.
Miami-Dade County has local procedures worth knowing before you start: Original will delivered to the Probate Court Office within 10 days of death; Probate forms provided through the Eleventh Judicial Circuit.
Do I Need Probate?
Whether probate is necessary in Miami depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Clerk of the Court and Comptroller at 20 NW 1st Avenue, Miami. The court sits in the 11th Judicial Circuit.
Miami-Dade County has local procedures that affect when and how to file: Original will delivered to the Probate Court Office within 10 days of death; Probate forms provided through the Eleventh Judicial Circuit.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Clerk of the Court and Comptroller.
Florida has a low threshold for simplified procedures — only estates under $0Fla. Stat. § 733.402Verified May 7, 2026 qualify. Most estates in Miami with real property will require full probate through the Clerk of the Court and Comptroller.
See what portion of this estate may require probate:
Opening probate at the Clerk of the Court and Comptroller requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Who Inherits Without a Will?
Who inherits depends on whether there's a valid will. Without one, Florida intestacy laws determine the distribution—and the results sometimes differ from what families expect.
Enter the family details to see who inherits under Florida law:
Surviving spouses in Florida can elect to take 30%Fla. Stat. §§ 732.2065, 732.2135Verified May 7, 2026 of the estate regardless of the will. This election must be filed at the Clerk of the Court and Comptroller within 180 daysFla. Stat. §§ 732.2065, 732.2135Verified May 7, 2026 of receiving probate notice.
Florida provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The Clerk of the Court and Comptroller can approve a family allowance of up to $18,000Fla. Stat. § 732.403Verified May 7, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Creditors must be notified through newspaper publication in Miami-Dade County for 2Fla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710Verified May 7, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 3 monthsFla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710Verified May 7, 2026 from first publication.
Florida has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Florida recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Fla. Stat. § 732.403
- Fla. Stat. § 733.402
- Fla. Stat. § 733.702
- Fla. Stat. §§ 732.2065, 732.2135
- Fla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710
Data sourced from Florida statutes and official state code. How we research.
Frequently Asked Questions
The Clerk of the Court and Comptroller for Miami-Dade County is located in Miami, Florida. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Florida typically closes in 6–9 months. Average estates run 9–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Miami-Dade County tracks the state range unless the docket is unusually backed up.
Not every death triggers probate. Assets held in a living trust, jointly-owned property, and accounts with named beneficiaries pass outside probate. Use the Florida probate decision tool to see what applies.
When there is no will, Florida's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Miami-Dade County probate court applies the state rules without variation. See who inherits in Florida for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Miami-Dade County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Clerk of the Court and Comptroller
Miami-Dade County
Paper Filing Available
E-Filing Optional
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