Every probate case in Miami-Dade starts with a petition filed with the clerk of court and a determination of which type of administration applies to the estate. Florida’s probate framework is set by state statute, but procedural details, filing workflows, clerk preferences, and local administrative orders, vary meaningfully from one county to the next. The sections below outline the court that handles probate in Miami-Dade, the administration types that most often apply, and how our firm can help.
If you need guidance on opening, administering, or closing a Miami-Dade County estate, contact Bucelo Diaz Law or call (954) 399-1910 to schedule a free consultation.
Miami-Dade County Probate Court
- Court
- Miami-Dade County Courthouse
- Address
- 73 West Flagler Street, Suite 242, Miami, FL 33130
- Clerk website
- Miami-Dade County Clerk of Court
- Phone
- (305) 349-7333
- Directions
- View on Google Maps
Key Takeaways, Probate in Miami-Dade County
- Probate is filed in the county where the decedent was domiciled. For Miami-Dade County residents, that means filing in the local probate division of the circuit court listed above.
- Florida offers two administration tracks. Summary administration for smaller or older estates, and formal administration for everything else, including most estates involving real property.
- Counsel is typically required in formal administration. Personal representatives owe fiduciary duties that can create personal liability, so most estates benefit from a Miami-Dade County probate attorney.
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Opening a Miami-Dade County estate or unsure whether probate is required? Bucelo Diaz Law helps families and personal representatives across Florida navigate each stage of probate.
Contact NowFirst Steps After a Death in Miami-Dade, Florida
The hours and days after a loved one passes are stressful. While probate can wait, a few practical first steps will make the process easier when you are ready:
- Obtain certified copies of the death certificate. The funeral home typically orders these. Get at least 6 to 10; banks, insurance companies, and the court each need their own.
- Locate the original will. Florida law (F.S. §732.901) requires the original to be deposited with the clerk of court within 10 days of learning of the death.
- Secure property and important papers. Lock the home, redirect mail, locate insurance policies and account statements. Do not distribute or remove assets before consulting an attorney.
- Notify Social Security, the IRS, and pension or retirement plan administrators. SSA notification stops further benefit payments and may trigger survivor benefits.
- List assets and debts. Bank accounts, retirement accounts, real estate, vehicles, life insurance, and any known creditor balances. This list will speed your first consultation.
- Schedule a probate consultation. Most Miami-Dade estates do not require an immediate filing, but early legal review prevents missed deadlines and protects the estate.
How Probate Works in Miami-Dade County
The probate process in Miami-Dade tracks the procedural framework set out in the Florida Probate Code and the Florida Probate Rules. It starts with the filing of a death certificate, original will (if one exists), and a petition describing the estate and proposed personal representative.
Florida law provides for two core administration types, summary administration for estates that meet size or time thresholds, and formal administration for everything else. In addition, ancillary probate may be required in Miami-Dade when a non-resident decedent owned Florida real property or other assets located in the county.
Local filing rules, judicial assignments, and clerk preferences can materially affect how quickly a Miami-Dade probate case progresses. A lawyer who regularly practices in this county will know how motions are calendared, how long letters of administration typically take to issue, and what local forms the clerk expects. Because Florida law requires counsel for personal representatives in formal administration, most estates are not pursued entirely pro se.
A Miami-Dade County probate attorney can help you file correctly the first time, avoid delays, and meet every statutory deadline. Let’s talk about your situation.
Schedule ConsultationLocal Miami-Dade County Probate Notes
Miami-Dade is the largest probate jurisdiction in Florida. Bucelo Diaz Law represents Miami-Dade families regularly, with the bilingual capability that matters for one of the most diverse counties in the state.
The Court
Miami-Dade probate matters are heard in the 11th Judicial Circuit, which serves only Miami-Dade County. According to the Florida Office of the State Courts Administrator, Miami-Dade had approximately 13,344 probate court filings in fiscal year 2023–24, the highest probate caseload in Florida. The Lawson E. Thomas Courthouse Center in downtown Miami handles probate filings for the county.
Communities We Serve
- Miami, Coral Gables, Pinecrest, Key Biscayne
- Hialeah, Doral, Miami Lakes, Aventura
- Miami Beach, Sunny Isles Beach, Bal Harbour
- Homestead, Cutler Bay, Palmetto Bay, Kendall
Common Miami-Dade Estate Scenarios
- Bilingual and Spanish-speaking family estates. Our Spanish-speaking attorneys handle Miami-Dade probate in English and Spanish.
- International family probate involving heirs in Cuba, Venezuela, Colombia, Argentina, Mexico, and across Latin America (Form 706-NA, apostille, consular?zaci?n)
- High-volume condominium estates in Miami Beach, Aventura, Brickell, and along the coast
- Complex multi-asset estates with business interests, multiple properties, and brokerage accounts
Three Ways to Probate a Miami-Dade Estate
Florida law offers three procedural paths for handling a Miami-Dade estate. The right choice depends on the size of the estate, where the decedent lived, and whether anyone is contesting the case.
| Type | When it applies | Typical timeline |
|---|---|---|
| Summary administration | Estate is $75,000 or less in non-exempt assets (rising to $150,000 effective July 1, 2026), OR decedent has been deceased more than 2 years | 4 to 8 weeks |
| Formal administration | Estate exceeds the summary threshold, within 2 years of death, or includes complex assets | 6 to 12 months |
| Ancillary administration | Decedent lived in another state but owned Miami-Dade property (real estate, titled vehicles) | 4 weeks (short-form) to 6–12 months (formal) |
Not sure which applies? Schedule a free consultation and we will review the death certificate, the will, and the asset list before any filing.
Do You Need a Probate Lawyer in Miami-Dade County?
Florida does not require a lawyer for every probate scenario, but formal administration generally cannot be pursued without counsel, and summary administration is rarely handled successfully without legal guidance when real property or multiple beneficiaries are involved. Hiring a Miami-Dade probate attorney is not about adding cost, it is about controlling risk. Personal representatives owe fiduciary duties to creditors and beneficiaries, and missteps can result in personal liability.
Our firm works with families and personal representatives across Miami-Dade to open estates, respond to creditor claims, resolve title issues on real property, prepare inventories and accountings, and distribute assets in compliance with Florida law. If there is a will contest, a dispute over the personal representative, or a question about whether an estate even needs to be opened, we can evaluate the situation and recommend a path forward.
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What to Bring to Your Miami-Dade Probate Consultation
To make our initial conversation as productive as possible, gather what you can before our consultation:
- Death certificate (a certified copy if you have it)
- Original will, if one exists, plus any prior wills you can locate
- List of the decedent’s assets: real property, bank and brokerage accounts, vehicles, life insurance, retirement accounts
- Names and contact information for the surviving spouse and all beneficiaries
- Recent creditor letters or known debts
- Information about property the decedent owned outside Miami-Dade (other Florida counties or other states)
If you do not have all of this yet, that is fine. We can begin with what you have and gather the rest as we go.
Cost of Probate in Miami-Dade County
Probate cost in Miami-Dade County depends on the size of the estate, the type of administration (summary or formal), the Miami-Dade Clerk of Court filing fees, and any extraordinary services such as contested matters or out-of-state real property. Florida sets a presumed reasonable attorney’s fee schedule under F.S. 733.6171 and personal representative compensation under F.S. 733.617, but every Miami-Dade estate is different.
Want a complete breakdown?
See the Florida Probate Cost Guide for the full statutory fee schedule, court filing fees, and worked cost examples for estates from $50,000 to $5 million. We also provide a written cost estimate at the end of every initial consultation.
Out-of-State Family Handling Miami-Dade Probate?
Many Miami-Dade estates involve families who live outside Florida. The good news: under Florida Statute §733.304, a child, spouse, sibling, or other qualifying relative can serve as personal representative even if they live in another state or country.
You typically do not need to travel to Florida. We handle the entire Miami-Dade probate by Zoom, email, remote signature, and Florida Remote Online Notarization (RON). For a complete walkthrough of how Florida probate works for out-of-state and international families, see our pillar guide: Florida Probate From Out of State: Personal Representative Guide.
Related Probate Services
Frequently Asked Questions, Probate in Miami-Dade
Where do I file probate in Miami-Dade, Florida?
You file probate in the Florida county where the decedent lived, for Miami-Dade residents, that means the local clerk of court’s probate division. If the decedent lived elsewhere in Florida but owned real property in Miami-Dade, a separate ancillary proceeding may be opened here.
What courthouse handles probate in Miami-Dade?
Probate matters in Miami-Dade are handled at the local circuit court. Courthouse and clerk information is listed above, we recommend confirming current filing hours and submission procedures directly with the clerk’s office before filing.
Do I need a lawyer for probate in Miami-Dade?
Florida generally requires an attorney for formal administration. Even in summary administration, most families in Miami-Dade choose to work with probate counsel to ensure filings are accurate and deadlines are met. A consultation can help you decide.
How long does probate take in Miami-Dade?
Timelines vary. A simple summary administration in Miami-Dade may close in a few weeks; a formal administration usually takes at least six months, in part because Florida requires a three-month period for creditors to file claims. Disputes, real-estate issues, or tax complexity can extend the schedule.
Do you handle Miami-Dade probate in Spanish?
Yes. Our team includes Spanish-speaking attorneys, and we handle Miami-Dade probate matters in Spanish for our bilingual and Spanish-speaking clients.
What if the decedent owned property in Miami-Dade and another county?
Florida probate is filed in the county where the decedent was domiciled at death. If the decedent was a Miami-Dade resident with property elsewhere in Florida, the other counties typically do not need separate proceedings. If property is in another state, that state needs its own ancillary proceeding.
What if the decedent was not a Miami-Dade resident but owned property in Miami-Dade?
You will need a Florida ancillary administration filed in Miami-Dade. The main probate happens in the decedent’s home state; the Miami-Dade case transfers the local property only.
Nearby Florida Counties We Serve
Bucelo Diaz Law represents clients in probate matters across every Florida county. Explore nearby jurisdictions, or return to the Florida probate county directory for the full list.
Every Florida probate case turns on local procedure, statutory deadlines, and careful execution. If you’re dealing with an estate in Miami-Dade County, Bucelo Diaz Law is ready to help.
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