Miami-Dade Probate Court: What You Need to Know Before Filing

Miami-Dade County is the largest and most complex probate jurisdiction in Florida. If your spouse or parent lived in Miami, Coral Gables, Hialeah, Miami Beach, Homestead, or anywhere else in the county, the estate goes through the 11th Judicial Circuit Court. Volume is high, rules are strict, and the clerk's office enforces local requirements that differ from the rest of Florida in important ways.

Here is the practical information you need before starting a Miami-Dade probate proceeding.

The 11th Judicial Circuit: Volume and Localized Rules

Miami-Dade's probate division handles one of the highest caseloads in the state. The practical consequences: hearing dates run further out than in smaller counties, processing times are longer, and clerical errors in your filing will slow everything down further.

Miami-Dade operates under its own set of local Administrative Orders from the Chief Judge of the 11th Circuit. These orders require localized Smart Forms for the Petition for Administration and related filings. While the Florida Probate Rules provide the legal framework, the local forms control the formatting requirements. Using a generic statewide petition template without adapting it to Miami-Dade's specifications often results in rejection.

Where to File and the Will Deposit Rule

Miami-Dade probate cases are filed at:

Richard E. Gerstein Justice Building (Osvaldo N. Soto Justice Center) 1351 NW 12th Street, Miami, FL 33125

The probate division is on the 6th floor. Unlike some Florida counties that accept e-filed original wills, Miami-Dade requires the original physical will to be hand-delivered to the clerk's office. You cannot drop it in a mail slot or courier box — it must be presented at the counter on the 6th floor and recorded by the clerk.

Florida Statute §732.901 requires the custodian of the original will to deposit it with the clerk within 10 days of learning about the death. In Miami-Dade, that means a trip to the justice center. Bring a certified death certificate or the deceased's Social Security number. The clerk issues a receipt confirming the deposit.

If the estate later requires formal probate, the original will is already on file with the court.

Filing Through the E-Portal

Most probate filings in Miami-Dade proceed through the Florida Courts E-Filing Portal. Petitions, proposed orders, notices, and inventories are submitted electronically. However, the court's local Smart Forms must be used — downloaded from the 11th Circuit's official website and filled in according to their formatting specifications.

The proposed personal representative (in formal administration) must submit the Affidavit of Heirs and, in many cases, additional localized certifications required under 11th Circuit administrative orders. Confirm with the clerk or a local probate attorney which specific supplementary forms are currently required before filing.

Probate Thresholds and Procedures in Miami-Dade

Disposition Without Administration For very small estates: the deceased had no real estate in their sole name, and total non-exempt personal property does not exceed preferred funeral expenses plus final medical costs from the last 60 days. The order is typically issued in 2 to 4 weeks.

Summary Administration Effective July 1, 2026, Florida CS/HB 1337 raised the summary administration threshold from $75,000 to $150,000 in non-exempt assets. Homestead, up to $20,000 in household furnishings, two vehicles, and 529 accounts are excluded from that calculation.

If the deceased has been dead for more than two years, summary administration is available regardless of asset value, because all unsecured creditor claims are barred by F.S. §733.710.

In Miami-Dade, summary administration filings must use the court's Smart Forms. High caseload means review may take longer than the typical 4-to-8-week Florida average.

Formal Administration Required for non-exempt estates over $150,000, real estate management situations, contested matters, or creditor disputes. A personal representative is appointed and must be represented by a Florida-licensed attorney under Probate Rule 5.030 in virtually all cases.

Filing Fees and Publication Costs

Standard Florida filing fees apply:

• Formal administration: approximately $399–$401
• Summary administration (estate over $1,000): approximately $345
• Disposition without administration: approximately $232

Publication of the Notice to Creditors in Miami-Dade: the standard newspaper for legal notices in Miami-Dade is the Daily Business Review. Publication rates in Miami-Dade are among the highest in Florida — higher than the statewide average of $150 to $300.

High-Volume Hearing Schedules

Uncontested hearings in Miami-Dade probate take longer to schedule than in smaller Florida circuits. This affects the overall timeline for both summary and formal administrations. If time is a constraint — for example, a property tax exemption deadline of March 1, or a benefit claim window closing — file early and calendar the hearing date as soon as the court assigns it.

Many routine uncontested hearings are handled via Zoom rather than in-person appearances. Confirm the specific hearing format with the clerk's office or the assigned judge's division at the time of scheduling.

Notice to Creditors in Miami-Dade

In summary administrations where the deceased has been dead less than two years, publication of the Notice to Creditors is optional under F.S. §735.2063. Given the higher publication costs in Miami-Dade, some families are tempted to skip it. The risk: heirs remain personally liable to unknown creditors for up to two years after the date of death, up to the value of the assets received.

In formal administration, publication in a Miami-Dade approved newspaper is mandatory. Known or reasonably ascertainable creditors must also be served directly.

Homestead Property in Miami-Dade

If the estate includes the deceased's primary residence, a Petition to Determine Homestead Status must be filed with the probate court. Miami-Dade title companies require a court Order Determining Homestead before they will insure a sale or refinance. The homestead process in Miami-Dade follows the same Florida statutory framework as the rest of the state, but the localized forms and court schedule mean additional lead time.

The Bilingual Reality of Miami-Dade Probate

Miami-Dade has one of the largest Spanish-speaking populations in the United States. While Florida court proceedings are conducted in English, the clerk's office has Spanish-speaking staff. If Spanish is your primary language and you are navigating probate without an attorney, the clerk can assist with procedural questions. However, all official filings must be in English.

Miami-Dade County Property Appraiser

Property tax exemptions — the $5,000 Widow/Widower exemption and the 100% first responder/disabled veteran exemption — are filed with the Miami-Dade County Property Appraiser. The deadline is March 1. This is separate from the probate court and must be filed independently.

Resources

• 11th Judicial Circuit: www.jud11.flcourts.org
• Florida Courts E-Filing Portal: myflcourtaccess.com
• Miami-Dade County Property Appraiser: www.miamidade.gov/pa

For a complete map of Florida survivor benefits — covering both the Miami-Dade probate process and the parallel benefit claims at state and federal agencies — the Florida Survivor Benefits Navigator provides a county-aware, step-by-step guide to everything a surviving spouse needs to claim.

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