What to Do When Someone Dies in Miami-Dade County, Florida

Probate in Miami-Dade County runs through the Clerk of the Court and Comptroller: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Miami-Dade County, settling their estate runs through the Clerk of the Court and Comptroller. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Clerk of the Court and Comptroller

Miami-Dade County · 11th Judicial Circuit

Address

20 NW 1st AvenueMiami, FL 33128

Hours

Monday - Friday, 9:00 AM - 4:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

County forms

Departments

  • Probate Division305-349-7492

Most populous county in Florida.

Verified July 3, 2026 · Source

How Probate Works 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-Dade County, 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 months to 12 months to move through this process. The 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Miami-Dade County

What probate costs in Miami-Dade County, Florida comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of the Court and Comptroller at 20 NW 1st Avenue, Miami. The court is part of the 11th Judicial Circuit.

Probate matters are handled through the Probate Division. Filing and payment go through these offices, not the main clerk window.

Florida charges $399Fla. Stat. § 28.2401(1)(g), (3)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Clerk of the Court and Comptroller (https://www.myflcourtaccess.com/). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

Attorney fees in Florida are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.

Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Fla. Stat. § 733.402Verified Sep 8, 2026View source of estate value annually.

Probate in Florida typically runs 9 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Clerk of the Court and Comptroller

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.

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 Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Clerk of the Court and Comptroller is realistic.

For a full cost comparison and filing checklist, see the 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.

Source

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. A small-estate (Disposition of Personal Property Without Administration) petition applies when the decedent was a Miami-Dade resident and assets do not exceed $6,000.

Source

Miami-Dade County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Statement of Claim

Download

Filing a creditor claim against an estate

Petition to Open Safe Deposit Box

Download

Request to open a decedent's safe deposit box

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.

Transferring Property in Miami-Dade County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.

Deeds and other real property documents for Miami-Dade County are recorded with the Clerk of the Circuit Court at 20 NW 1st Avenue, Suite 5.246, Miami, FL 33128. Phone: 305-275-1155.

The Clerk of the Circuit Court charges $10 for the first page plus $9 for each additional page.

Miami-Dade County accepts electronic recording through CSC, e-Docs Solutions, eRecording Partners Network (ePN), Hopdox, Simplifile.

Recording Office Record

Clerk of the Circuit Court

Miami-Dade County · County Recorder

Address

20 NW 1st Avenue, Suite 5.246Miami, FL 33128

E-recording

Available via CSC, e-Docs Solutions, eRecording Partners Network (ePN), Hopdox, Simplifile
Visit recorder website →

Recording fees

Base fee (first page)$10
Each additional page$8.5

Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)

Verified September 4, 2026 · Source

Probate Attorneys Serving Miami-Dade County

Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Miami-Dade County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Florida uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Miami-Dade County firms typically follow the schedule for routine work and negotiate on complex matters.

A probate attorney files the petition with the Clerk of the Court and Comptroller, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmFort Lauderdale, FL

Adrian Philip Thomas, P.A.

Since 2002 · Serves 3 counties

Fort Lauderdale probate litigation firm serving Broward, Miami-Dade, and Palm Beach counties. Handles contested estate and trust matters -- will contests, undue influence and breach of fiduciary duty claims, trust accountings -- alongside probate and trust administration. Serving clients since 2002, with $250 million in verdicts and settlements reported.

PracticesTrust AdministrationProbate LitigationTrust LitigationProbate Administration

Office
1000 Corporate Drive, Suite 300Fort Lauderdale, FL 33334
Free consultation

FirmMiami, FL

Bryant Law Firm

Serves 3 counties

Miami probate firm serving Miami-Dade, Broward, and Collier counties, with a second office in Weston. Handles probate administration and probate litigation, guardianship and Baker Act matters, elder abuse and fraud recovery, and wills and trusts. Serving clients since 1998; Spanish spoken.

PracticesEstate PlanningProbate LitigationElder LawGuardianshipProbate Administration

Office
5201 Blue Lagoon Drive, Suite 800Miami, FL 33126
Free consultation

FirmNorth Miami, FL

Chepenik Trushin LLP

Serves 2 counties

North Miami firm serving Miami-Dade and Broward counties. Handles probate administration and probate litigation, trust administration and trust disputes, will contests built on undue influence or lack of testamentary capacity, guardianship, and elder law. Spanish spoken.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 3 more

Office
12550 Biscayne Blvd, Suite 805North Miami, FL 33181

Solo PracticePlantation, FL

Daniel T. Fleischer, P.A.

Since 2012 · Serves 3 counties

Plantation solo practice with Boca Raton and Aventura offices, serving Broward, Palm Beach, and Miami-Dade counties. Handles formal, summary, and ancillary administration for personal representatives, beneficiaries, creditors, and corporate fiduciaries, plus trust administration and probate and trust litigation. Daniel T. Fleischer has practiced estate and probate law since 2001 and is AV rated.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 8 more

Office
7805 SW 6th CtPlantation, FL 33324
Free consultation

Solo PracticeMiami, FL

Denise Jomarron Legal Group

Serves 1 county

Miami solo practice serving Miami-Dade County families through the county probate division. Handles formal and summary probate administration, guardianship, special needs trusts, and Medicaid planning alongside wills and revocable trusts. Denise Jomarron has practiced since 2009 and was named a Super Lawyers Rising Star in Elder Law for three consecutive years.

PracticesEstate PlanningElder LawGuardianshipSpecial Needs Planningand 2 more

Office
4300 Biscayne Blvd., Suite 305Miami, FL 33137
Free consultationVirtual consultations

FirmCoral Gables, FL

Dunwody White & Landon, P.A.

Serves 3 counties

Coral Gables firm whose practice is confined to trusts and estates, with companion offices in Naples and West Palm Beach. Handles estate planning, trust and estate administration, and probate and trust litigation for Miami-Dade, Collier, and Palm Beach families, alongside estate taxation and business planning.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 2 more

Office
550 Biltmore Way, Suite 810Coral Gables, FL 33134
See all 36 firms serving Miami-Dade County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Florida statutes and official state code. How we research.