Miami-Dade County Probate Court Guide

Jurisdiction and Case Volume

With a population exceeding 2.7 million residents, Miami-Dade's probate division processes thousands of new cases annually. The division is organized into multiple sections, each presided over by a circuit judge who handles probate, guardianship, and trust matters. Cases are assigned based on the decedent's last known address within the county, and each section maintains its own procedural calendar.

• Miami-Dade's Probate Division is part of the Eleventh Judicial Circuit Court of Florida
• Multiple judges preside over distinct probate sections to manage the high volume of filings
• The division handles estates, guardianships, trusts, and related proceedings
• Cases are assigned by geographic section based on the decedent's residence

Formal Administration

Formal administration is the standard probate process used when an estate's value exceeds $75,000 or when the decedent has been deceased for less than two years. This process requires the appointment of a personal representative, notice to creditors, a mandatory creditor claims period, and judicial oversight of asset distribution. In Miami-Dade, formal administration cases are typically assigned to one of the division's probate sections and follow structured procedural timelines.

• Required for estates valued over $75,000 (excluding exempt property)
• Involves appointment of a personal representative by the court
• Mandatory 90-day creditor claims period after the first publication of notice
• Full court supervision of inventory, accounting, and distribution

Summary Administration

Summary administration offers a streamlined alternative for smaller estates valued at $75,000 or less, or for estates where the decedent has been deceased for more than two years regardless of value. This process does not require a personal representative and can often be completed in a matter of weeks rather than months. In Miami-Dade, summary administration petitions are filed with supporting documentation and typically heard on an expedited basis.

• Available for estates valued at $75,000 or less, or when the decedent died more than two years ago
• No personal representative is appointed by the court
• Generally resolved within a few weeks of filing
• Requires a petition signed by the surviving spouse and all beneficiaries

Disposition Without Administration

The simplest form of probate, disposition without administration, applies when the estate's only assets are exempt property or assets that are insufficient to cover funeral expenses and the costs of a final illness. This process involves filing a straightforward petition and is used for very modest estates where full administration would be impractical.

• Used when the estate consists only of exempt personal property
• Available when assets are insufficient to cover final expenses
• Minimal filing requirements and court involvement

Required Documents

To open a formal administration case, the petitioner must file the original will (if one exists), a petition for administration, and a death certificate. Additional documents may be required depending on the circumstances, such as an oath of personal representative, designation of a resident agent, and a bond if ordered by the court.

• Original last will and testament (if applicable)
• Certified copy of the death certificate
• Petition for Administration (Florida Probate Rules Form)
• Oath of Personal Representative
• Designation of Resident Agent (if the personal representative resides outside Florida)
• Bond (if required by the will or ordered by the court)
• Notice of Administration to all known beneficiaries and creditors

E-Filing Procedures

Miami-Dade County requires all probate filings to be submitted electronically through the statewide e-filing portal. Attorneys and self-represented parties must create an account, upload documents in PDF format, and pay filing fees online. The clerk's office reviews submissions for completeness and may issue deficiency notices if documents are missing or improperly formatted.

• All filings must go through the Florida Courts E-Filing Portal at www.myflcourtaccess.com
• Documents must be in searchable PDF format
• Filing fees are paid electronically at the time of submission
• The clerk's office typically processes filings within 1-3 business days

Filing Fees

Filing fees in Miami-Dade County follow the statewide fee schedule established by the Florida Legislature. The initial filing fee for a formal administration petition is $400, while summary administration petitions carry a $235 filing fee. Additional fees may apply for supplemental filings, certified copies, and recording of certain documents.

• Formal Administration petition: $400
• Summary Administration petition: $235
• Disposition Without Administration: $235
• Certified copies: approximately $2 per page
• Additional motions and supplemental filings carry separate fees

Typical Timeframes

A straightforward formal administration in Miami-Dade typically takes between 6 and 12 months from the initial filing to the final discharge of the personal representative. Summary administration cases can often be resolved within 4 to 8 weeks. However, contested cases, estates with complex assets, or proceedings involving international elements can extend well beyond 12 months.

• Summary Administration: 4 to 8 weeks
• Uncontested Formal Administration: 6 to 12 months
• Contested or Complex Formal Administration: 12 to 24+ months
• Disposition Without Administration: 2 to 4 weeks

Factors That Affect Timeline

Several factors can extend the timeline of a probate case in Miami-Dade County. The mandatory 90-day creditor claims period in formal administration sets a minimum floor. Beyond that, disputes over the validity of the will, disagreements among beneficiaries, real property complications, tax clearance requirements, and the involvement of foreign assets or beneficiaries can all add months to the process.

• Creditor claims period (90 days minimum in formal administration)
• Will contests or challenges to the personal representative
• Real property requiring sale or transfer
• Federal estate tax or state tax obligations
• Assets located in other states or countries requiring ancillary proceedings
• Court calendar availability and judicial scheduling

Statutory Attorney Fee Schedule

Florida Statute 733.6171 establishes presumptively reasonable attorney fees for ordinary probate services based on the compensable value of the estate. These fees are calculated on a sliding scale. Attorneys may petition the court for additional compensation if the estate requires extraordinary services such as litigation, tax planning, or real property sales.

• $1,500 for estates up to $40,000
• $2,250 for estates between $40,000 and $70,000
• $3,000 for estates between $70,000 and $100,000
• 3% of the compensable value for estates between $100,000 and $1 million
• 2.5% for estates between $1 million and $3 million
• 2% for estates between $3 million and $5 million
• 1.5% for estates between $5 million and $10 million
• 1% for estates exceeding $10 million

Personal Representative Compensation

The personal representative (also known as the executor) is entitled to reasonable compensation for their services, which follows the same statutory fee schedule used for attorneys. The personal representative may also be reimbursed for actual expenses incurred during administration, such as travel, postage, and storage fees.

Additional Costs to Anticipate

Beyond attorney fees and personal representative compensation, several ancillary costs commonly arise during Miami-Dade probate proceedings. These may include appraisal fees for real property and personal property, accounting fees for estate tax preparation, title search and recording fees, and costs associated with publishing the Notice to Creditors in a qualifying newspaper.

• Real property appraisals: $300 to $500 per property
• Notice to Creditors publication: $150 to $300
• Certified copies and recording fees: varies
• Accounting and tax preparation: varies based on complexity
• Surety bond premiums (if applicable): based on estate value

Ancillary Administration

When a decedent who was domiciled outside Florida owned real property or tangible personal property within Miami-Dade County, an ancillary probate proceeding may be required. This supplemental proceeding runs parallel to the primary probate in the decedent's home jurisdiction and governs the disposition of Florida-based assets. Ancillary administration follows many of the same procedural requirements as primary probate but involves additional documentation, such as authenticated copies of foreign probate orders.

• Required when a non-Florida domiciliary owns real or tangible property in Miami-Dade
• Authenticated copies of foreign probate proceedings must be filed
• A Florida-resident agent must be designated for service of process
• The foreign personal representative may need to qualify under Florida law

Foreign Wills and Authentication

Wills executed in foreign countries may be admitted to probate in Miami-Dade County if they comply with the formalities required either by Florida law or by the law of the jurisdiction where the will was executed. The court may require apostille certification or consular authentication of foreign documents. Translation of non-English documents by a certified translator is also typically necessary.

• Foreign wills must meet execution requirements of Florida law or the law of the place of execution
• Apostille or consular authentication may be required for foreign documents
• Certified translations are necessary for all non-English documents filed with the court
• Treaties and bilateral agreements may affect recognition of foreign wills

Tax Implications for International Estates

Estates involving non-resident alien decedents face distinct federal estate tax rules, including a significantly lower exemption threshold compared to U.S. citizens and residents. Additionally, the disposition of assets may be affected by tax treaties between the United States and the decedent's country of domicile. Coordinating tax planning across multiple jurisdictions is a critical component of international probate in Miami-Dade.

Navigating a High-Volume Court System

Miami-Dade's probate division processes more cases than most other Florida counties combined. An attorney who regularly practices before the division understands the local procedures, judicial preferences, and administrative requirements that can affect the pace and outcome of your case. This local knowledge is particularly valuable when scheduling hearings, responding to clerk deficiency notices, and meeting court-imposed deadlines.

• Knowledge of local court procedures and judicial preferences
• Efficient handling of e-filing requirements and clerk communications
• Ability to anticipate and avoid common procedural pitfalls
• Established relationships with court staff and other probate practitioners

Bilingual and Multicultural Needs

Given Miami-Dade County's diverse population, many probate cases involve family members, beneficiaries, or documents in languages other than English. A probate attorney who is fluent in Spanish and familiar with Latin American legal traditions can bridge communication gaps, ensure accurate translation of legal documents, and navigate cultural considerations that may affect family dynamics during the estate administration process.

Protecting Your Interests

Whether you are a personal representative, a beneficiary, or a creditor, having an attorney ensures that your rights are protected throughout the probate process. Attorneys handle creditor claims analysis, tax filings, asset valuations, and the preparation of accountings that must satisfy both the court and the beneficiaries. In contested matters, legal representation is essential for presenting your position effectively.

• Representation in will contests and beneficiary disputes
• Guidance on fiduciary duties and personal representative liability
• Coordination with financial advisors and tax professionals
• Preparation of required court accountings and inventories