Miami Beach City Probate Court Records are filed at the Miami-Dade County Courthouse in downtown Miami, not in Miami Beach itself. Miami Beach sits inside Miami-Dade County, so all probate cases for people who lived in this city go through the Miami-Dade Clerk of Courts and the 11th Judicial Circuit Court.
This page covers where to file, how to search records online, what documents you need, fees, timelines, and how Florida death certificates connect to the probate process.
Where to File Miami Beach Probate Court Records
Miami Beach is part of Miami-Dade County. Florida law says probate must open in the county where the person lived at the time of death. Because of this rule, every probate case for a Miami Beach resident starts at the county level. There is no probate office on the island of Miami Beach.
Miami-Dade County Courthouse Location
The main courthouse sits at 73 West Flagler Street, Miami, Florida 33130. The Clerk of Courts runs the probate division from this building. Families who need to file wills, open estates, or request copies of probate court records must visit this location or use mail and online services.
| Office Detail | Value |
|---|---|
| Clerk of Court | Juan Fernandez-Barquin |
| Address | 73 W Flagler St, Miami, FL 33130 |
| Phone | (305) 275-1155 |
| Website | miami-dadeclerk.com |
| Hours | Monday – Friday, 8:00 AM to 5:00 PM |
Why Miami Beach Has No Separate Probate Court
Florida gives probate power to county courts, not city courts. Miami Beach is a city within Miami-Dade County. The city government handles local services like utilities, permits, and police. Probate matters, which deal with wills and estates after someone dies, stay at the county level. This setup keeps records in one place for the whole county.
How to Search Miami Beach Probate Court Records Online
The Miami-Dade Clerk of Courts runs an online portal where the public can look at probate filings. You do not need an account to search basic case data. Most probate records are public, though some documents like inventories stay sealed by law.
Using the Online Records Portal
Go to miami-dadeclerk.com and click on the records search link. Type in the last name of the person who died to pull up their case. The system shows the case number, the personal representative’s name, the filing date, and the current status. You can also search by case number if you have it from another source.
What You Can See vs. What Stays Confidential
The public portal shows the petition, the will (if one was filed), the order appointing the personal representative, and the final discharge. It does not show the inventory of assets or detailed accountings. Florida Statute 733.604 keeps inventory and accounting records sealed from public view to protect estate heirs and beneficiaries.
Requesting Certified Copies of Probate Records
Plain copies of public probate documents cost a small fee per page. Certified copies, which carry the court seal and work for legal matters, cost more. You can order certified copies in person at the courthouse, by mail, or through the online portal when the option exists. The clerk charges both a per-page rate and a certification fee per document.
Types of Probate Cases Filed in Miami Beach
Florida offers three main paths through probate. The right one depends on the size of the estate and how long ago the person died. All three case types for Miami Beach residents are handled by the same court and clerk.
Formal Administration
Formal administration applies when the estate’s non-exempt assets exceed $75,000. The court appoints a personal representative to manage the estate. Creditors receive a notice by mail and through newspaper publication. The personal representative files an inventory, pays valid claims, and distributes what remains to heirs or beneficiaries. This process takes at least six months and often runs longer.
Summary Administration
Summary administration works for smaller estates worth $75,000 or less in non-exempt assets. It also applies when the person died more than two years ago, no matter the size of the estate. No personal representative gets appointed. The court reviews a petition and a proposed plan for dividing assets. Orders can issue in weeks rather than months, which makes this the faster and cheaper option when it fits.
Disposition Without Administration
Disposition without administration covers narrow cases where the only assets are under $6,000, the person left no real property, and the only debts are funeral and medical bills. The clerk handles the paperwork at the counter. There is no court hearing. This route works only in very specific situations and skips most of the regular probate steps.
Florida Death Certificate Requirements for Probate
A certified copy of a Florida death certificate is one of the first documents needed to open any probate case. The clerk will not accept a petition for administration without it. The personal representative must attach the certificate to the initial filing.
Ordering a Florida Death Certificate
The Florida Department of Health Bureau of Vital Statistics issues death certificates for deaths that happened in Florida. The Bureau keeps records from 1917 onward. You can order a certified copy online, by mail, or by visiting the state office in Jacksonville. County health departments in Miami-Dade and other counties also process death certificate orders for deaths within their jurisdiction.
When You Need a Florida Death Certificate for Probate
You need a Florida death certificate when you open formal administration, summary administration, or disposition without administration. Banks, title companies, and the court itself often ask for a certified copy with the raised seal. Plan to order several certified copies because different agencies require original documents.
Cost and Processing Time for Florida Death Certificates
The current fee for a certified Florida death certificate is $5 per copy when ordered through the Bureau of Vital Statistics. Local registrar offices charge similar fees. Standard processing takes 5 to 10 business days. Expedited service costs more and reduces the wait to 2 to 3 business days. Rush delivery options exist for families who need the document right away.
Required Documents for Miami Beach Probate Filings
Every probate case needs a set of core documents at filing. Missing paperwork delays the case. The clerk reviews each document before the court issues any orders.
Core Documents Checklist
The personal representative must gather these items before filing a petition for administration in Miami-Dade County. Each document plays a specific role in opening the estate.
- Original will (if one exists) and a copy for the court
- Certified Florida death certificate (raised seal required)
- Petition for administration with proper signatures
- Acceptance of appointment by the personal representative
- Designation of registered agent and email address
- Oath of personal representative
- Filing fee payment (cash, check, money order, or card)
Why Florida Death Certificates Must Be Certified
The clerk will not accept a regular photocopy of a death certificate for probate filings. A certified copy carries the state registrar’s seal and signature. This seal proves the document is real and unaltered. Banks, brokerages, and land records offices also require this seal when transferring estate assets.
Probate Court Filing Fees in Miami-Dade County
Filing fees follow the Florida probate fee schedule plus any local surcharges added by Miami-Dade County. Fees change over time, so always check with the clerk before submitting paperwork.
Current Fee Ranges for Common Filings
Fees differ based on the type of probate case. Here is a general breakdown of what families can expect to pay when opening an estate in Miami-Dade County. These amounts change, so confirm with the clerk’s office before filing.
| Probate Action | Typical Fee Range |
|---|---|
| Formal Administration Petition | $400 and up |
| Summary Administration Petition | $235 to $300 |
| Disposition Without Administration | Lower flat fee |
| Newspaper Notice to Creditors | $200 to $400 |
| Certified Copy of Court Document | Per-page + certification fee |
| Letters of Administration | Per-page + certification fee |
Attorney and Personal Representative Fees
Florida statutes set the fee amounts lawyers and personal representatives can charge. The standard rate starts at 3% of the gross estate for the first $1 million in value. The percentage drops as the estate value rises. These fees come out of estate assets, not the pockets of individual heirs.
The Miami Beach Probate Process Step by Step
The probate process follows a clear order once the petition gets filed. Miami-Dade County handles one of the largest probate caseloads in Florida, so timelines can run longer than in smaller counties. Here is how a formal administration moves through the system.
Step 1: File the Will and Petition
Florida Statute 732.901 says anyone with custody of a will must file it with the clerk within 10 days of death. After that, the personal representative files a petition for administration, the original will, the certified death certificate, and supporting documents. The court reviews the filing to confirm the petitioner and the proposed personal representative meet Florida legal requirements.
Step 2: Court Appointment and Letters
If the court approves, it issues letters of administration. These letters give the personal representative legal power to act on behalf of the estate. Banks, brokerages, and other institutions ask for these letters before letting anyone touch estate accounts or property.
Step 3: Notice to Creditors
The personal representative mails notices to all known creditors. They also publish a notice in a local newspaper for two straight weeks. Creditors then have three months from the first publication date to file claims against the estate.
Step 4: Inventory and Asset Management
During the creditor window, the personal representative prepares an inventory of all estate assets. The inventory goes to the court but stays sealed from the public. The representative also takes steps to protect property, close accounts, and handle ongoing bills.
Step 5: Pay Claims and Distribute Assets
After the creditor period closes, the personal representative pays valid claims. They then prepare a final accounting and a petition for discharge. When the court signs off, the personal representative distributes remaining assets to heirs or beneficiaries and the estate closes.
Legal Help for Miami Beach Probate Cases
Some probate cases move forward without an attorney. Others need legal help from the start. Miami-Dade County offers several resources for families who need support.
Lawyer Referral Services
The Dade County Bar Association runs a lawyer referral service at (305) 371-2525. The Florida Bar website at floridabar.org also lists licensed probate attorneys in Miami-Dade County. Both tools help families connect with attorneys who handle estate work.
Free Legal Aid for Qualifying Residents
Legal Services of Greater Miami provides free civil legal help to low-income families in Miami-Dade County. They handle some probate matters. Their main office serves Miami Beach residents. Call (305) 576-0080 to start the intake process.
Self-Help Resources at the Courthouse
The 11th Circuit Court provides self-help resources at the courthouse for people filing simple estates without an attorney. Summary administration and disposition without administration are often manageable on your own. Complex estates that include businesses, real estate, or disputes almost always need an attorney.
Older Probate Records and Archival Research
Some probate files go back many decades. The clerk’s office keeps older cases in an off-site storage facility. Retrieval takes longer for archived records, but most files from past decades still exist in some form.
Accessing Closed Estate Files
Closed estate files from past decades often stay available through the clerk’s office. You can request archived files by mail or in person. Processing times run longer than current cases, sometimes taking several weeks depending on how far back the file dates.
Genealogy Research Using Probate Court Records
Probate court records help people trace family history. Old wills, heirship documents, and estate inventories list family members, property, and relationships. Researchers often pair these records with Florida death certificates, obituaries, and cemetery records to build a full picture of a family’s past in Miami Beach.
Common Situations That Affect Miami Beach Probate Records
Several factors change how probate cases move through the system. Knowing these situations helps families plan ahead and avoid surprises.
Estates With Out-of-State Property
When a Miami Beach resident owns property in another state, the estate often needs an ancillary probate in that second state. The main probate still happens in Miami-Dade County. The second state handles only the property located within its borders.
Estates With Business Interests
Family businesses add complexity. The personal representative must value the business, handle operations during probate, and follow Florida laws on business transfers. These cases almost always need an attorney with business and probate experience.
Disputes Among Heirs
When heirs disagree about the will, the estate, or the personal representative, the case can drag through litigation. The court may need to hold hearings, appoint attorneys for missing heirs, or interpret unclear will terms. Disputed cases take much longer than uncontested ones.
Official Contact Details for Miami Beach Probate Records
Use these official sources when you need records, filing help, or certified copies. The clerk’s office handles the day-to-day work. The court’s self-help center supports people filing on their own.
Miami-Dade County Clerk of Courts – Probate Division
Address: 73 W Flagler St, Miami, FL 33130
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Hours: Monday – Friday, 8:00 AM to 5:00 PM
11th Judicial Circuit Court of Florida
Website: jud11.flcourts.org
Self-Help Center: Available at the courthouse
Florida Department of Health Bureau of Vital Statistics
Address: 1217 Pearl Street, Jacksonville, FL 32202
Phone: (904) 359-6900
Website: floridahealth.gov
Frequently Asked Questions About Miami Beach Probate Court Records
These questions cover the most common things people ask about probate records, Florida death certificates, and the filing process in Miami Beach. Each answer gives you the core facts without filler.
How Long Does Probate Take in Miami Beach?
Formal administration in Miami-Dade County typically takes six months to over a year from filing to closing. Summary administration moves much faster, often resolving in two to three months. The exact timeline depends on the estate’s complexity, whether anyone disputes the will, and how quickly the personal representative handles paperwork. Cases with creditors who file late claims or heirs who disagree can take two years or more to close.
Where Do I Get a Florida Death Certificate for Probate?
Order a certified Florida death certificate from the Florida Department of Health Bureau of Vital Statistics, the county health department where the death happened, or an approved third-party provider. The Bureau handles statewide requests and keeps records from 1917 forward. For deaths in Miami-Dade County, the local health department also issues certificates. Expect to pay a fee per certified copy and wait several business days for standard processing.
Can I Look at Probate Records for Free?
Yes. The Miami-Dade Clerk’s online portal lets you search probate case data at no cost. You can see the case number, the personal representative’s name, the filing date, and the case status. Downloading or requesting certified copies of specific documents costs a fee. The public portal does not show sealed records like inventories and accountings, which Florida law keeps private.
What Happens if There Is No Will?
When someone dies without a will, Florida’s intestacy laws decide who inherits the estate. The court appoints a personal representative from among the heirs based on a priority list set by statute. The estate still goes through probate, but the distribution follows state law instead of the decedent’s wishes. Real property and certain other assets may pass to heirs through other legal tools, but the probate court still handles the overall administration.
Do I Need a Lawyer to File Probate in Miami Beach?
You can file simple cases without a lawyer. Disposition without administration and some summary administrations are manageable on your own. Formal administration, estates with real property, businesses, or disputes almost always need an attorney. The 11th Circuit’s self-help center provides forms and basic guidance for people who choose to file on their own. Complex cases handled without a lawyer often run into procedural problems that delay the estate.
Can I Search Historical Probate Records From the 1800s?
Miami-Dade County probate records for the 1800s are limited because the county formed in 1836 and grew slowly until the 20th century. Older Florida probate records from other counties exist through state archives, FamilySearch, and the Florida State Library. Researchers often combine probate records with Florida death certificates, obituary indexes, and cemetery records to trace family history. Pre-1900 records require more effort to locate but are available through specialized archives.
How Do I Get a Certified Copy of a Florida Death Certificate Quickly?
Order through the Florida Bureau of Vital Statistics expedited service or visit a county health department in person for same-day processing in many cases. Online orders can be rushed for an extra fee. Third-party vendors like VitalChek also handle expedited requests. Bring valid identification and the deceased’s full name, date of death, and county of death when ordering in person.