Miami Dade County probate court records cover estate cases, will filings, and guardianship matters for Florida’s largest county. The Clerk of Courts keeps these records at 73 West Flagler Street in Miami.
This page shows you how to search probate files, get death certificates, and reach the right office for your needs.
About the Miami-Dade Probate Court System
The Miami-Dade probate court system handles all estate matters for residents of the county. Probate is the court process that takes place after someone dies. It deals with paying debts, distributing property, and carrying out the will.
Clerk of Courts Office
The Clerk of Courts runs the probate records office for Miami-Dade County. Juan Fernandez-Barquin serves as the current Clerk. His office files new probate cases, stores old case files, and issues certified copies of court orders.
| Office Detail | Value |
|---|---|
| Clerk Name | Juan Fernandez-Barquin |
| Street Address | 73 West Flagler Street, Suite 133 |
| City and ZIP | Miami, FL 33130 |
| Phone Number | (305) 275-1155 |
| Office Hours | Monday to Friday, 8:00 AM to 5:00 PM |
The clerk’s office also offers an online case search tool. You can use it from home to look up probate cases by name or case number. Most probate files are open to the public, but some parts stay sealed by law.
11th Judicial Circuit Court
Miami-Dade County forms the 11th Judicial Circuit of Florida. This circuit covers only Miami-Dade, so all circuit-level probate work happens here. The circuit court also runs a Probate and Guardianship Registry. The registry assigns lawyers to court-supervised cases that need legal help.
Lawyers who want to join the registry must enroll each year from January 1 through April 30. They must hold a Florida Bar license and sign a contract under Section 27.40 of Florida Statutes. The registry email is ProbateRegistryApp@jud11.flcourts.org.
How to Search Probate Records Online
The Miami-Dade Clerk website gives you free access to case data. You do not need an account to search. The site works in English and Spanish.
Using the Online Case Search
Go to the clerk’s homepage and click the case search link. Type the full name of the person who died. You can also enter the case number if you have it. Probate cases in Miami-Dade show up as Circuit Civil cases.
The search results show you the filing date, the personal representative, and the judge. Some case files have scanned images you can view. Other files need an in-person visit to see the full papers.
Florida law blocks the clerk from posting images of certain court files online. You may need to visit the office to see those papers. Call (305) 275-1155 before you go to check if the file is ready for viewing.
Records Kept Confidential by Law
Some probate records stay confidential. Estate inventories and accountings fall under this rule. These papers list the value of property and money in the estate. They are not open to the public under Florida Statutes.
Wills become public after the person dies and the court admits them to probate. Before death, a will can be filed with the clerk as a will deposit. A will deposit stays sealed until the court opens it.
Statewide Find-a-Clerk Tool
If you do not know which Florida county handled an estate, use the statewide Find-a-Clerk tool. The Florida Association of Court Clerks runs this directory. It lists all 67 county clerks with their contact data.
The tool helps you find the right clerk for an estate. It also shows you which counties share borders. Miami-Dade borders Broward County to the north and Monroe County to the south. Collier County sits to the northwest.
Florida Death Certificates and Vital Records
Probate cases often need a death certificate as proof. The state of Florida keeps death records through the Bureau of Vital Statistics. This office is part of the Florida Department of Health.
Florida Bureau of Vital Statistics
The Bureau of Vital Statistics keeps birth and death records for the whole state. It started keeping Florida death records in 1877. The office issues certified copies of death certificates for a fee.
You can order death certificates online, by mail, or in person. The bureau accepts orders from family members, lawyers, and other approved requesters. Each death certificate costs a set fee per copy.
The main office sits in Jacksonville, Florida. The bureau also has a service counter in Miami for local orders. The statewide phone number for vital records is (904) 359-6900.
Florida Department of Health Death Records
The Florida Department of Health runs the vital records system statewide. County health departments can help you get death certificates for events in their county. Miami-Dade County has its own health department that handles local death filings.
Florida death records from 2009 to the present are available through the state vital records office. Older records sit in the state archives. Some records date back to 1877 when statewide record keeping began.
You can search the Florida death index to find a record. The index lists the name, year of death, and county. You can use it to confirm a death before ordering a full certificate.
Ordering a Death Certificate
To order a Florida death certificate, you must show you have a right to the record. Family members, legal representatives, and people with a court order can apply. The form asks for the full name, date of death, and place of death.
Florida uses a standard death certificate application form. You can download it from the Department of Health website. The form also asks for your ID and your link to the person who died.
Mail orders take about 5 to 10 business days. Online orders through approved vendors can be faster. Walk-in orders at the Jacksonville office give you same-day service in many cases.
Types of Probate in Florida
Florida law sets out three main ways to handle an estate. Each type fits a different situation. The estate size and the date of death decide which one you use.
Formal Administration
Formal administration is the full probate process. You use it when the estate value tops $75,000 and the person died less than two years ago. A judge appoints a personal representative to run the estate.
The personal representative must file an inventory, pay debts, and distribute what is left. The court watches each step. Formal administration cases in Miami-Dade usually take six months to two years to finish.
Florida law requires a lawyer for most formal administration cases. The court will not let you handle this type of probate on your own. Lawyer fees follow a set schedule under Section 733.6171.
Summary Administration
Summary administration is a shorter process. You can use it when the estate value is $75,000 or less. You can also use it when the person died more than two years ago.
No personal representative gets appointed. Family members file a petition that lists the assets and how they will be split. The judge signs an order that ends the estate. This process can take just a few weeks to finish.
You can file for summary administration without a lawyer in some cases. The court still reviews the petition. If the paperwork has errors, the judge may send it back for fixes.
Disposition Without Administration
The third type is called disposition of personal property without administration. You can use it only when the estate has no real estate and the total value is $6,000 or less.
A family member files a simple form with the clerk. The court gives an order that lets the family member collect the property. This option works well for small bank accounts and vehicles.
You do not need a court case for this process. The clerk’s office can give you the right form. You fill it out and pay a small fee.
Genealogy and Historical Death Records
Many people search Florida death records for family history. The state keeps older records through the archives division. Some records go back to the 1800s.
Florida Death Index
The Florida death index is a searchable list of deaths in the state. It covers deaths from 1877 to the present. The index shows the name, year, and county of death.
You can search the index for free on several genealogy websites. The state archives also have a search tool. The index helps you find the right person before you pay for a full certificate.
Index records do not have the cause of death or the full certificate data. You need to order a certified copy to get those facts.
Obituary Records
Florida newspapers print obituaries for many residents. The Miami Herald keeps an archive of obituaries for South Florida. Older papers sit on microfilm at the county library.
You can search obituary records online through the newspaper website. Some obituaries are free to read. The library also has free access to genealogy databases for in-person visitors.
Obituaries often list family names and funeral home data. They can help you find death records you did not know about.
County Death Records
Each Florida county keeps death records for events in that county. Miami-Dade County death records sit with the county health department. Orange County Florida death records sit with the Orange County clerk.
County records cover deaths from the county’s start to the present. You can request copies from the county where the death took place. You can also request them from the state vital records office.
Fees and Filing Requirements
Probate and death record fees change over time. Check the latest rates before you file or order.
Probate Filing Fees
Miami-Dade County charges probate filing fees under the statewide fee schedule. Formal administration fees scale with the estate value. Summary administration has a flat fee. Disposition without administration costs the least.
You also pay for certified copies of court orders. The clerk charges a fee per page plus a small certification fee. Service of process fees apply when the court has to notify heirs or creditors by formal notice.
Death Certificate Costs
The Florida death certificate fee is set by state law. Each certified copy costs the same amount. You can order more than one copy at the same time. The fee covers the search and the certificate.
Online orders through approved vendors may charge an extra service fee. Walk-in orders at the Jacksonville office have no extra fee. Mail orders need a check or money order for the total cost.
Required Documents
You will need proof of your identity to get a death certificate. A driver’s license or passport works. You also need to show your link to the person who died. Birth certificates, marriage records, or court orders can prove that link.
For probate filings, you need a copy of the death certificate. You also need the will if one exists. The clerk can tell you which other forms you need based on your case type.
Probate and Death Records Connection
Probate and death records work together in most estate cases. The court needs a death certificate to open a probate case. The personal representative uses death records to find heirs and assets.
When you start a probate case in Miami-Dade, the clerk may ask for a certified death certificate. This proves the person died and the court has the right to handle the estate. Without this proof, the court will not move forward.
Some death records stay on file with the probate court after the case closes. You can order a Florida death record verification from the court if you need to confirm a death for legal reasons.
Office Location and Contact
The Miami-Dade Clerk of Courts probate office sits in the Richard E. Gerstein Justice Building. The building is in downtown Miami. You can visit during office hours or call the phone number listed below.
Website: www.miami-dadeclerk.com
Phone: (305) 275-1155
Address: 73 West Flagler Street, Suite 133, Miami, FL 33130
Hours: Monday to Friday, 8:00 AM to 5:00 PM
Frequently Asked Questions
This section answers common questions about Miami-Dade probate records and Florida death certificates. These questions come from people who handle estate cases, search for family history, or need vital records for legal reasons. Each answer gives you the key facts you need to take the next step.
How do I get a certified death certificate in Florida?
You can order a certified Florida death certificate from the Bureau of Vital Statistics or any county health department. Fill out the death certificate application form with the full name, date of death, and place of death. Include a copy of your ID and proof of your link to the person who died. Mail the form to the Jacksonville office, order online through an approved vendor, or visit a local health department counter. The fee per copy is set by state law, and processing takes 5 to 10 business days for mail orders.
Are Miami-Dade probate records open to the public?
Most probate records in Miami-Dade are public, but some parts stay sealed by law. Case docket data, party names, and filing dates show up in the online case search. Estate inventories and accountings are confidential under Florida Statutes. Will deposits stay sealed until the court opens them after the person dies. You can view most case files at the clerk’s office during business hours.
What is the difference between formal and summary administration?
Formal administration applies when an estate is worth more than $75,000 and the person died less than two years ago. A judge appoints a personal representative who must file an inventory and account for all assets. Summary administration applies to smaller estates or deaths more than two years old. No personal representative gets appointed, and the court signs a simple order. Summary cases finish in weeks, while formal cases can take years.
Can I search Florida death records for free?
You can search the Florida death index for free on genealogy websites and the state archives site. The index shows the name, year of death, and county. You must pay a fee to get a certified death certificate with the full details. Some county health departments offer free record searches if you visit in person and ask.
How long does it take to get probate records in Miami-Dade?
Online case search results appear right away on the clerk’s website. Certified copies of court orders take 3 to 5 business days to process. Viewing older case files may need a 24-hour notice so the clerk can pull the file from storage. Walk-in requests for simple documents can be handled the same day if the file is at the counter.
Do I need a lawyer to file probate in Miami-Dade?
Florida law requires a lawyer for most formal administration cases. The court will not let you handle this type of probate on your own. Summary administration cases can sometimes be filed without a lawyer, but the forms can be tricky. Disposition without administration is the simplest type and often needs no lawyer at all. The clerk’s office can tell you which forms you need based on your case.
Where can I find old death records in Florida?
Old Florida death records sit in the state archives in Tallahassee. Records from 1877 to 1977 are open to the public. The state archives also have a search tool you can use from home. County clerks keep records for events in their county. You can also check the Florida death index on genealogy sites for free searches before paying for full records.