How Do I File Probate in Miami-Dade County, Florida?
A step-by-step guide to filing at the Clerk of the Court and Comptroller—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Miami-Dade County, Florida, you can file at the Clerk of the Court and Comptroller in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 11th Judicial Circuit.
Filings here are routed through the Probate Division. Confirm with the office which intake handles the petition type you're filing.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Miami-Dade County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Clerk of the Court and Comptroller is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full Miami-Dade County Self-Filing Assessment.
Miami-Dade County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Original will delivered to the Probate Court Office within 10 days of death
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.
Document Requirements
Probate forms provided through the Eleventh Judicial Circuit
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.
In-Person Filing
The Clerk of the Court and Comptroller is located at 20 NW 1st Avenue, Miami, FL 33128. Phone: 305-275-1155. Hours: Monday - Friday, 9:00 AM - 4:00 PM.
What to Bring
To file at the Clerk of the Court and Comptroller you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
Additional resources, forms, and fee schedules are available on the Clerk of the Court and Comptroller website.
Frequently Asked Questions
You open probate by filing a petition with the Clerk of the Court and Comptroller in Miami-Dade County, attaching the original will (if any), the death certificate, and the filing fee ($395). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Miami-Dade County uses the standard Florida probate forms — the court's website lists the current versions.
Florida permits self-representation, but formal probate procedures make it impractical for most families. The Clerk of the Court and Comptroller staff can accept filings but cannot give legal advice. Check the Florida self-filing assessment before deciding.
Yes. The Clerk of the Court and Comptroller in Miami-Dade County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Clerk of the Court and Comptroller
Miami-Dade County
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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