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

How probate works in Miami-Dade County: the Clerk of the Court and Comptroller record, what the process costs, and how to file there.

What probate costsHow to fileDeath certificatesTransferring propertyLocal attorneys

Probate Court Record

Miami-Dade County Clerk of the Court and Comptroller

Miami-Dade County · 11th Judicial Circuit

Hours

Monday-Friday 9:00 AM-4:00 PM

Office

20 Northwest 1st Avenue, Miami, FL 33128

Self-represented filing

Allowed

Self-help forms

Court forms packet

Open in Google Maps

E-filing

Required for attorneysE-filing mandatory for attorneys since April 1, 2013. Optional for self-represented parties. Statewide Florida Courts E-Filing Portal for all circuit courts.

Self-represented filing

AllowedThe Eleventh Judicial Circuit's Probate Smart Forms page has a self-represented litigant section with summary administration instructions, checklists and petitions for testate, intestate and homestead cases. The Clerk's office helps self-represented filers only with small-estate petitions, wills on deposit and caveats, and cannot give legal advice or help complete forms.

Verified October 15, 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 Northwest 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. Creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

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 Northwest 1st Avenue, Miami. The court is part of the 11th Judicial Circuit.

The Clerk of the Court and Comptroller charges $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.

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.

Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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

Probate cases in Miami-Dade County, Florida are filed at the Clerk of the Court and Comptroller. The court sits in the 11th Judicial Circuit.

Beside the filing office, the court lists separate lines for Probate Court Office and Probate Division, Eleventh Judicial Circuit.

Can You File Without an Attorney?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

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 deposited with the Clerk within 10 days of death

The custodian of the will deposits it with the Clerk of the Court in the county and state where the decedent lived within 10 days after being informed of the death.

Source

Small-estate petitions (disposition of personal property without administration)

The Clerk takes a small-estate petition when no formal administration is needed, no real property is involved, the decedent lived in Miami-Dade County, and the assets are $6,000 or less and do not exceed the funeral bill. The petition is filed in person at the Probate Court Office or by mail with a self-addressed stamped envelope, after which a deputy clerk mails the forms and instructions. It needs a certified copy of the death certificate, the itemized funeral contract, the paid-in-full receipt, documentation of the assets and the filing fees, and assets are released only to the person who paid the funeral bill.

Source

Caveats and creditor claims

A caveat from an heir, interested party or creditor is accepted before a case is filed, and once the estate opens the Clerk writes to the caveator with the case number, the date letters issued and the names of the personal representative and attorney. The Clerk supplies the claim form once a case is opened, and filing a claim carries no fee.

Source

Proposed orders and notices of hearing carry the petition identifier

Under the Eleventh Circuit's Administrative Order 22-02, every proposed order and notice of hearing names, below its title, the docket index number or the e-filing number, full name and filing date of the petition or motion it relates to. Documents posted as PDFs on the circuit's Probate Smart Forms page are filed as PDFs.

Source

Records Access

Certified copies of probate records

Certified copies are ordered online after a case search, by mail to the Probate Correspondence Department at Suite 6.223, or in person at the Probate Court Office. In person the office takes cash, Visa, Discover, Mastercard, American Express, cashier's checks and money orders; by mail a cashier's check or money order payable to Clerk of the Courts; personal checks are not accepted.

Source

What to Bring

Filed with the opening petition at the Clerk of the Court and Comptroller: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estateFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Miami-Dade County

In Florida a death is registered locally, and in Miami-Dade County certified copies of the death certificate are issued by Florida Department of Health in Miami-Dade County, Vital Records as well as by Florida Department of Health - Bureau of Vital Statistics.

Vital Records Office Record

Local Registrar

Miami-Dade County · Florida Department of Health in Miami-Dade County, Vital Records

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

1350 Northwest 14th Street, Miami, FL 33125

Certified copies

At the counter

Open in Google Maps

Local rule

  • A legible copy of a valid driver license, passport, state-issued ID or military identification card accompanies every request. Walk-ins are also served at the North Dade and West Perrine locations.

Verified November 1, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Miami-Dade County · Miami-Dade County Medical Examiner Department

Office

1851 Northwest 10th Avenue, Miami, FL 33136

Serves this county

Miami-Dade County Medical Examiner Department (District 11)

Release of remains

1-305-545-2424 · Investigations Bureau

Cremation authorization

Signed by this office

Open in Google Maps

Mail and offices

Mail

Medical Examiner 1 Bob Hope Road Miami, FL 33136-1055

Verified November 1, 2026 · Source

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 Northwest 1st Avenue, Suite 5.246, Miami, FL 33128. Phone: 1-305-275-1155. Hours: Monday-Friday 9:00 AM-4:00 PM.

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, ePN, Hopdox, Simplifile and Swift-E Recording Services.

Recording Office Record

Clerk of the Circuit Court

Miami-Dade County

Hours

Monday-Friday 9:00 AM-4:00 PM

Office

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

Open in Google Maps

Fees

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 October 16, 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 AdministrationProbateProbate LitigationTrust Litigation

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 PlanningProbateProbate LitigationElder LawGuardianship

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 AdministrationProbateProbate 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 AdministrationProbateProbate 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 PlanningProbateElder LawGuardianshipand 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 AdministrationProbateProbate 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

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Data sourced from Florida statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Florida

Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.

How Do I Settle an Estate?

Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

Get the Answer

Hire a Florida Probate Attorney

Browse vetted Florida attorneys handling probate matters.

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Notify Banks & Financial Institutions

Each institution has a separate death claim process. Find yours below.

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BankUnited

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BMO

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Busey

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Bank serving the Southwest, Midwest, and more

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Cadence Bank

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Bank serving the Southeast, Southwest, and more

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