Miami Probate Attorney

Most people who call us about a Miami-Dade estate did not plan to become a personal representative. A parent has died, a will turned up in a desk drawer, and a bank or condo association wants to see court papers before it will talk to anyone. Florida law sets the framework for every estate, but the Eleventh Judicial Circuit, which serves Miami-Dade County alone, runs its Probate Division with its own forms, checklists and filing rules. Knowing them early saves weeks of rejected orders.

Communities we serve in Miami-Dade County

• Miami and Brickell
• Coral Gables
• Aventura
• Miami Beach
• Kendall and Pinecrest
• Hialeah and Doral
• Homestead

Where a Miami-Dade estate is opened

Probate cases are filed with the Clerk of the Court and Comptroller's Probate Court office at 20 NW 1st Avenue in downtown Miami. The circuit's Probate Division judges and staff work out of the same building, the Osvaldo N. Soto Miami-Dade Justice Center, Monday through Friday from 8:00 AM to 5:00 PM. The circuit reports six circuit judges and two general magistrates assigned to the division. Estate case numbers end in CP-02, and the circuit's online calendar shows the judge, hearing time and courtroom for a case once you have that number.

First step: deposit the original will

Section 732.901, Florida Statutes, requires whoever holds the original will to deposit it with the clerk within 10 days after learning of the death. The Miami-Dade Clerk asks that it be filed in the county where the person lived. The Clerk's published fee list does not show a charge for the deposit itself. Keep a copy for yourself, because the circuit's formal administration checklist later asks the attorney to confirm, by docket entry, that the original will and an authenticated death certificate are both on file.

What the Clerk charges to open a probate case

These are the Clerk's published court fees, not legal fees, and they can change. Certified copies of letters and orders are charged separately.

Smart Forms and checklists are not optional here

An administrative memorandum of the Probate Division requires every litigant to use the circuit's Probate Smart Forms when one exists for the order being requested. A proposed order that is not a Smart Form must carry a signed certification that no Smart Form was available, and every submission must certify that the probate checklists were reviewed. Orders without the certification may be rejected. A separate administrative order, AO 22-02, also requires the docket index number of the related filing on every proposed order and notice of hearing.

For a formal administration with a will and no bond, the circuit's checklist asks for these items before the proposed orders go to the judge through the court's courtMAP system:

1. An authenticated death certificate and the original will, both deposited with the Clerk.
2. The petition for administration.
3. Notarized waivers from everyone with equal or greater preference to serve, or proof of formal notice to them.
4. A petition for a restricted depository, unless the estate has no liquid assets.
5. An Affidavit of Heirs on the circuit's form E7.
6. The personal representative's oath and designation of a resident agent.
7. A Notice of Related Cases.
8. An oath of a witness to the will if the will is not self proving, and a notice of trust if one applies.

The restricted depository item matters to families: in many Miami-Dade estates, estate money sits in a court designated account and comes out only by court order.

Summary or formal administration

Summary administration is generally available when the non exempt estate is $150,000 or less, a limit raised from $75,000 by chapter 2026-57 effective July 1, 2026, or when the person died more than two years ago. The circuit publishes separate summary checklists for estates with a will, without a will, and with a homestead. Its Smart Forms page does not print a dollar limit, so older guides and printed packets are the more likely place to find the outdated figure. For very small estates, the Clerk also handles disposition without administration, which its published guidance limits to Miami-Dade residents whose assets are $6,000 or less and do not exceed the funeral bill.

Creditors, the homestead and selling a home

In a formal administration, creditors generally have three months from the first publication of the notice to creditors to file claims. The family home often needs its own order. The circuit publishes Smart Forms for petitions and orders determining homestead, a joinder and consent form, and written homestead instructions. A court determination tells title companies whether the house passed outside the estate as protected homestead, which affects whether it is exposed to creditor claims and who must sign a deed. If the house is not protected homestead and has to be sold, whether a court order is needed depends largely on the powers the will gives the personal representative.

Out of state personal representatives and family

Many Miami estates have children in New York, Texas or abroad. Under section 733.304, a personal representative who does not live in Florida must be a close relative, such as a child, parent, sibling or spouse, or a close relative of one of them. Every personal representative also files a designation of resident agent, and in Florida a personal representative generally must be represented by a Florida attorney. Most of the work can be done by mail, electronic signature and video.

Closing the estate

Once claims are resolved and the assets are distributed, the personal representative asks for discharge. The circuit's Smart Form for the order of discharge is form E8. Until that order is signed, the personal representative remains responsible for the estate.

How we work with Miami-Dade clients

Miami-Dade families can meet with an attorney at our Fort Lauderdale office or by phone or video. Your first consultation is free. We explain which administration fits, prepare the filings on the circuit's Smart Forms and checklists, publish the notice to creditors and see the estate through to discharge. Because the firm limits its caseload, you work directly with an attorney. For the statewide overview, see our Florida probate administration page. If you are planning your own estate, our Miami-Dade estate planning page covers wills, trusts and deeds. We also handle elder law, real estate and business matters in the county. Contact us to get started.