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Miami-Dade Probate Information Sheet

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Miami-Dade Probate Information Sheet

Detailed Information About Probate in Miami-Dade County

All matters relating to estates in Miami-Dade County are governed by the Probate Division, which is located in Room 238 of the Miami-Dade County Courthouse at 73 West Flagler Street, Miami, Florida 33130. It is open Monday through Friday from 9 AM to 5:00 PM.

Although all probate matters are governed by Chapters 731-735 of the Florida Probate Code, the Miami-Dade County Probate Division maintains its own comprehensive set of local procedures. An individual who wishes to open a new file or reopen a file for the disposition of an estate must provide the Clerk’s Office with a filing fee and certain specified documents, both of which are determined by the applicable probate process – see below:

Filing Fees

  • If the probate proceeding concerns only the disposition of personal property (i.e. no real estate or title transfers) valued at less than $6,000, the estate qualifies for disposition without administration. The filing fee is $232.00.
  • If the probate proceeding is not for personal property, but the decedent has been dead for more than two years or the assets subject to probate are valued at less than $75,000, the estate qualifies for an abbreviated probate process called Summary Administration. The filing fee is $236.00 if the assets are valued at less than $1,000; otherwise, it is $346.00. It should be noted that under summary administration, the beneficiaries of the estate remain liable to the decedent’s creditors for up to two years after the decedent’s death unless a Notice to Creditors is Published or served upon each creditor.
  • All other estates must be disposed of via a lengthier and more in-depth probate process called formal administration which generally takes six to nine months. The filing fee is $401.00.

Summary Administration

A Petition for Summary Administration can be filed by any beneficiary, a person nominated as the personal representative in the decedent’s will, or by an attorney representing that petitioner(s). If a petitioner chooses to proceed without an attorney, they will need to research the requirements for doing so and find the necessary forms.  Below is a summary of the requirements for filing a Summary Administration.

  • § 735.201–735.202, Fla. Stat.
  • Filing Fee: $346 (assets greater than $1,000)
  • Filing Fee:$236 (assets less than $1,000)
  • Probate Assets must be (1) greater than $1,000 and less than $75,000 (excluding exempt property) or (2) the decedent has been dead for more than 2 years
  • Submit a Petition for Summary Administration
  • Submit the Original Will (if applicable)
  • Submit an Order Admitting Will (if applicable)
  • Provide Proof of Paid Funeral Expenses & Last Medical Expenses
  • Provide Proof of Payment for Nursing Home Expenses Incurred
  • Provide an original Death Certificate
  • Provide an Order of Summary Administration
  • Provide the correct court-directed mandatory checklist

Please note, if there is homestead property then additional requirements may be necessary, including formal notice requirements to creditors and a hearing before the court.

For more information, see our detailed information about Florida Summary Administration.

How to Proceed with Formal Administration of a Florida Will:

After the Will is admitted to court, the judge must sign Letters of Administration appointing and authorizing a personal representative to act on behalf of the decedent’s estate. The personal representative is then responsible for sending a Notice of Administration to persons interested in the decedent’s estate (surviving spouse, beneficiaries, etc.) and a Notice to Creditors to all known creditors of the decedent. He must also publish the Notice to Creditors in a local print medium to identify any unknown creditors, in which such creditors are told that they have 90 days to file a claim with the court or else surrender their right to collect on the debt.

Assets are then collected and the decedent’s debts and taxes are paid. After all assets have been distributed, the estate is closed and the personal representative is relieved of his duties.

If you are interested in finding out more information about a Miami-Dade County Probate, I advise you to consult an experienced Probate Attorney or, alternatively, thoroughly study of the Florida Probate Code here.

Read: Transfer of Real Estate After Death

Sample Probate Pleadings

Probate cases can be complicated because they require the filing of many different documents with the Court. For example, the one document which is always filed when seeking to open a formal probate administration is the Petition for Administration. We have compiled other sample probate pleadings which provide a true sense of the work involved in any Florida probate case.

Topics Related to Florida Probate Law include:

More Probate Links of Interest:

Also See: Probate Frequently Asked Questions

Want to Know More?

To learn more from Larry and to see all of the probate matters he can help with, read his Probate Lawyer page.

 

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