Homestead City probate court records cover all court filings tied to a deceased person’s estate in Miami-Dade County. Homestead sits inside the 11th Judicial Circuit, the largest probate court system in Florida.
Anyone who needs to settle an estate, claim property, trace family history, or resolve debt matters can request these records. This page explains how the system works, where to look, what to pay, and how death certificates connect to probate filings.
Which Court Handles Homestead Probate
Probate cases for Homestead residents are filed and decided in Miami-Dade County Circuit Court. The 11th Judicial Circuit covers every city and town inside the county, including Homestead, Florida City, Cutler Bay, and Palmetto Bay. The Clerk of Courts, Juan Fernandez-Barquin, runs the records office that stores probate files.
Miami-Dade County 11th Judicial Circuit
The 11th Judicial Circuit is one of the busiest trial court systems in the United States. Probate cases here follow Florida Statutes Chapters 731 through 735. Each case receives a unique case number that stays with the file for the entire life of the estate. Court staff assign a judge after the first filing, and the same judge usually handles every step that follows.
Courthouse Locations for Homestead Residents
Two main buildings handle probate work for Homestead residents. The main courthouse sits at 73 West Flagler Street in downtown Miami. The South Dade Justice Center at 10710 SW 211th Street in Cutler Bay is closer to Homestead and handles many civil matters. Some filings can be submitted at the South Dade location, while others must go to the downtown office. Call the clerk before traveling to confirm which documents are accepted at each site.
Clerk of Court Contact Details
The Clerk of Courts runs the records office for the 11th Circuit. The main phone number is (305) 275-1155. Office hours run Monday through Friday from 8:00 AM to 5:00 PM. The clerk’s official website is www.miami-dadeclerk.com, where users can search cases, view filing fees, and download forms. Mail requests for copies can be sent to the main courthouse address listed on the website.
| Office Detail | Information |
|---|---|
| Clerk of Court | Juan Fernandez-Barquin |
| Main Courthouse | 73 W Flagler St, Miami, FL 33130 |
| South Dade Branch | 10710 SW 211th St, Cutler Bay, FL 33189 |
| Phone | (305) 275-1155 |
| Website | www.miami-dadeclerk.com |
| Hours | Monday – Friday, 8:00 AM to 5:00 PM |
How to Search Homestead Probate Court Records
Three main methods exist to look up probate records: online through the clerk’s portal, in person at a courthouse, or by mail. Each method works for different needs. Online searches give quick answers. In-person visits allow older files and full case folders. Mail requests work for certified copies that need to be mailed back.
Online Case Search Portal
The Miami-Dade clerk’s online portal at www.miami-dadeclerk.com covers a wide range of filing years. Users can search by decedent name, case number, or attorney bar number. The portal shows case status, hearing dates, and a list of filed documents. Inventories and accountings stay confidential under Florida law and do not appear in the public search. Anyone can use the portal without paying a fee.
In-Person Record Access
Anyone can walk into either courthouse and ask to review a probate file. Public terminals at the clerk’s office let visitors pull up cases. Staff can also pull physical case folders for review. Bring the full legal name of the deceased and the year of death to speed up the search. A case number makes the search even faster. Files older than 20 years may sit in off-site storage and take a few business days to retrieve.
Requesting Records by Mail
Mail requests for Homestead probate records work for certified copies and for older files. Send a written request with the decedent’s full name, date of death, and case number if known. Include a self-addressed stamped envelope and a check or money order for the copy fees. Mail the request to the Miami-Dade Clerk of Courts at the main courthouse address. The clerk processes mail in the order it arrives. Standard turnaround is 5 to 10 business days.
Types of Probate Cases Filed in Miami-Dade
Florida law lists three main types of probate administration. The right type depends on estate value, how long ago the person died, and what assets the estate holds. Homestead estates that include real property almost always need formal or summary administration.
Formal Administration
Formal administration is the standard probate process. Florida requires it when the gross estate value goes above $75,000. The court appoints a personal representative who gathers assets, pays debts, files taxes, and distributes what remains. The process takes at least six months and often longer in busy circuits like Miami-Dade. Creditors have 90 days to file claims after the Notice to Creditors is published.
Summary Administration
Summary administration is faster and cheaper. It applies when the estate value is $75,000 or less, or when the decedent died more than two years before the petition. No personal representative gets appointed. Heirs file one petition that lists assets and shows how they want property divided. The court reviews the petition and signs an order directing distribution. Most summary cases close in two to four months.
Disposition Without Administration
Disposition without administration is the simplest option. It works only when the estate holds no real property and only enough assets to cover funeral costs and final medical bills from the last 60 days of life. The non-exempt assets must total around $6,000 or less. The clerk signs an authorization that lets the named recipient collect the funds. No judge signs a final order in these cases.
Ancillary Probate for Non-Residents
Miami-Dade sees many ancillary probate filings because the county has a high share of out-of-state property owners. When a non-Florida resident dies owning real estate in Homestead, the estate must open a separate Florida probate to pass clear title. The home state’s probate case and the Florida ancillary case often run at the same time. Both must close before the property can sell.
Probate Filing Fees and Costs
Florida sets probate fees by statute. The clerk’s office charges the same rates across the state, but Miami-Dade adds local administrative fees in some cases. Plan for filing fees, copy fees, publication costs, and possible attorney fees when budgeting an estate.
Court Filing Fees
Filing fees change with the type of administration. Formal administration filings start around $400 and go up based on estate value. Summary administration filings usually run $235 to $280. Disposition without administration costs the least. The clerk’s website lists current rates for every filing type. Payments are accepted by cash, check, money order, and most major credit cards.
Additional Costs to Plan For
Other costs add up fast in Miami-Dade. Certified copies of court documents cost a fee per page plus a certification charge. Publication of the Notice to Creditors in a qualified local newspaper costs between $80 and $200. Court reporter transcripts for hearings add to the bill when ordered. Some cases need translations of estate documents, which certified translators bill at hourly rates. Local administrative fees may apply in the Miami-Dade probate division.
Attorney and Personal Representative Fees
Florida statute sets a default fee schedule for probate lawyers. The fee starts at 3% of the first $1 million in estate value for formal administration. Personal representatives also collect a fee under the same schedule. Lawyers and clients can sign a written agreement to use different rates, including flat fees for simple estates. Summary administration fees are lower because the work is less time-consuming.
Florida Death Certificate and Probate Connection
Florida death certificates are required documents for nearly every probate case. The Florida Department of Health Bureau of Vital Statistics issues these certificates. Homestead families can order them online, by mail, in person, or through a funeral home.
Why Death Certificates Matter in Probate
The court requires a certified death certificate as proof of death. Banks, insurance companies, and title companies also need certified copies to release assets. Most families order at least five to ten certified copies because each institution keeps the original on file. The probate petition cannot be filed without at least one certified copy attached.
How to Order a Florida Death Certificate
Florida death certificates can be ordered through the Florida Department of Health Bureau of Vital Statistics in Jacksonville. The VitalChek online portal processes orders 24 hours a day. Mail orders use a state form sent to the Jacksonville office. In-person orders are accepted at the Jacksonville office and at many county health departments. Funeral homes often place the first order as part of their services.
Bureau of Vital Statistics Contact
The Bureau of Vital Statistics is part of the Florida Department of Health. The main office sits in Jacksonville at 1217 Pearl Street, Jacksonville, FL 32202. The phone number is (904) 359-6900. Office hours are Monday through Friday from 8:00 AM to 5:00 PM. The state also runs county-level vital records offices that can help with local orders and same-day service in some locations.
Step-by-Step Probate Process for Homestead
The probate process for Homestead estates follows a set sequence under Florida law. Each step has a deadline. Missing a deadline can delay the case or create personal liability for the personal representative.
Filing the Will With the Court
The first step is filing the original will with the Miami-Dade clerk within ten days of the decedent’s death. Florida Statute 732.901 requires this even if no probate is planned. Failing to file a known will is a misdemeanor. The clerk stores the original will in the probate file. If the decedent had no will, the next step is filing a petition for administration as if there were no will.
Petition for Administration
The petition names the decedent, lists heirs and beneficiaries, describes the estate assets, and identifies the proposed personal representative. The court reviews the petition, admits the will to probate if valid, and issues Letters of Administration. These letters give the personal representative legal power to act on behalf of the estate. Banks and other institutions will not deal with the representative without these letters in hand.
Notice to Creditors
The personal representative publishes a Notice to Creditors in a qualifying Miami-Dade newspaper for two consecutive weeks. Direct notice is also sent to known creditors within 30 days of appointment. Creditors have 90 days from the first publication date to file claims. Claims filed after the deadline are usually barred. The personal representative reviews all valid claims and decides which to pay.
Final Accounting and Distribution
Once the creditor period closes, the personal representative pays valid claims, taxes, and administrative expenses. A final accounting is filed with the court showing all money in and out. Beneficiaries can object to the accounting. The court reviews the accounting and, if approved, signs an order of discharge. The personal representative’s authority ends, and remaining assets pass to the beneficiaries as directed in the will or by intestate law.
Legal Help and Resources
Probate can be handled without a lawyer, but most families use one. Miami-Dade offers free and low-cost legal help for residents who qualify. Attorney referral services can match Homestead residents with probate specialists.
Free Legal Aid for Homestead
Legal Services of Greater Miami serves low-income residents throughout Miami-Dade County, including Homestead. The South Dade office is closer to Homestead than the main downtown Miami location. The Cuban American Bar Association and other specialty bar groups in Miami-Dade also run referral services. The Dade County Bar Association lawyer referral service has probate specialists on its panel.
Attorney Referral Services
The Florida Bar’s referral service at www.floridabar.org lets users search for licensed probate attorneys by city and practice area. The City of Homestead website at www.cityofhomestead.com links to local community organizations and social services that can provide legal aid referrals. Most attorneys offer a free or low-cost first meeting to review the case and quote a fee.
Contact and Location Summary
For Homestead City probate court records, contact the Miami-Dade County Clerk of Courts. The main office sits at 73 West Flagler Street, Miami, FL 33130. The South Dade Justice Center is at 10710 SW 211th Street, Cutler Bay, FL 33189. Phone (305) 275-1155. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. The official website is www.miami-dadeclerk.com. The 11th Judicial Circuit Court website is www.jud11.flcourts.org.
Frequently Asked Questions
The following questions cover the most common issues Homestead residents face when dealing with probate court records. Each answer draws on Florida law, Miami-Dade court rules, and current clerk office practices as of 2026.
What is a probate court record?
A probate court record is the full set of court filings tied to a deceased person’s estate. It includes the will, the petition, the Letters of Administration, creditor claims, accountings, and the final order. In Miami-Dade, these records are public except for inventories and accountings, which stay confidential under Florida law. Anyone can request a copy of the public portions through the clerk’s office.
Who can request Homestead probate records?
Any member of the public can request Homestead probate records. Florida law treats these filings as public records. Requesters do not need to be heirs, beneficiaries, or family members. Confidential documents like inventories and accountings are released only to the personal representative, heirs, and people named in the will. Certified copies can be requested for legal use at any courthouse location.
How long does probate take in Miami-Dade?
Probate timelines in Miami-Dade vary by case type. Formal administration cases usually take six to twelve months from filing to closing. Summary administration cases often close in two to four months. Disposition without administration can be finished in a few weeks. Cases with contested wills, missing heirs, or complex assets can take two years or longer. Court docket schedules also affect the timeline.
Are Homestead probate records public?
Most Homestead probate records are public. The will, petition, court orders, and creditor claims are open to anyone who asks. Inventories and accountings stay sealed under Florida law. Mental health records and certain personal information are also redacted. Confidential documents can only be released to people with a direct legal interest in the estate, such as named heirs or the personal representative.
Can I get Homestead probate records for free?
Online searches through the clerk’s portal are free. Anyone can view case information without paying. Certified copies cost a per-page fee plus a certification charge. In-person viewing of public files is also free, but staff time for large research requests may carry a fee. Mail requests for copies must include payment by check or money order before the clerk will process the order.
What if the person died in another state?
If the deceased was a resident of another state but owned property in Homestead, the estate must open an ancillary probate in Miami-Dade. The home state’s probate case and the Florida case often run together. Some states let the Florida court handle the local property through a simplified process. A Florida probate attorney can advise on the right path based on the specific state involved.
Do I need a death certificate to start probate?
Yes. The probate petition must include a certified copy of the Florida death certificate. The clerk will not accept the petition without it. The Florida Bureau of Vital Statistics issues these certificates. Most families order ten or more certified copies because each institution keeps the original. Funeral homes often place the first order as part of their services, but additional copies must be requested directly.