Miami Gardens City probate court records cover every estate case filed for residents who lived inside the city at the time of death. These records sit with the Miami-Dade County Clerk of Courts under Florida’s 11th Judicial Circuit.
Anyone can look up a case, read filed documents, and check the current status through the clerk’s online portal. This page explains the court system, the search steps, the fees, and the legal rules that apply to Miami Gardens residents in 2026.
Probate starts when someone owns property in their own name at the time of death. A judge reviews the will, names a personal representative, and oversees the payment of debts and the transfer of assets. Miami Gardens falls under Miami-Dade County for all probate filings, so every estate case for a city resident goes to the same downtown courthouse.
The Court That Handles Miami Gardens Probate
Florida’s court system places each county under a judicial circuit. Miami-Dade County sits inside the 11th Judicial Circuit, one of the largest circuits in the state. The circuit court hears probate, civil, family, and criminal cases. Probate cases for Miami Gardens residents land in the probate division of this circuit.
County-Level Court Authority
Miami Gardens became a city in 2003 inside Miami-Dade County. Florida law gives the circuit court in the decedent’s county of residence full authority over probate matters. Miami Gardens has no separate probate court of its own, so every estate case for a city resident goes to the Miami-Dade County Courthouse at 73 West Flagler Street in Miami. The building sits about 12 miles south of Miami Gardens.
The clerk’s office accepts all filings, stores all records, and runs the public search portal. Residents can file a will, open a probate case, request certified copies, and look up old cases at this one location. The city of Miami Gardens does not handle any probate records directly. The city government only confirms residency and points residents to county services.
The 11th Judicial Circuit System
The 11th Judicial Circuit covers only Miami-Dade County. Judges rotate through divisions based on the court’s needs. Probate judges hear estate cases, will contests, guardianship matters tied to estates, and trust disputes. The court’s main site at jud11.flcourts.org posts court calendars, judge assignments, and self-help resources for people without an attorney.
The circuit also runs satellite locations in other parts of the county. Most probate hearings happen at the main courthouse on Flagler Street. Some simple matters can be handled by mail or through the e-filing system. The e-filing portal accepts new petitions, motions, and supporting documents 24 hours a day.
Clerk of Court Office Details
Clerk Juan Fernandez-Barquin leads the Miami-Dade Clerk of Courts. His office runs the probate records system, accepts filings, and issues certified copies. The office operates Monday through Friday from 8:00 AM to 5:00 PM. Staff answer phone calls at (305) 275-1155 during business hours. The full address and office hours appear below for anyone planning an in-person visit.
| Office | Details |
|---|---|
| Clerk of Court | Juan Fernandez-Barquin |
| Address | 73 W Flagler St, Miami, FL 33130 |
| Phone | (305) 275-1155 |
| Website | miami-dadeclerk.com |
| Office Hours | Monday – Friday, 8:00 AM – 5:00 PM |
The clerk’s office runs a customer service window on the first floor for walk-in visitors. People picking up certified copies, filing new cases, or asking about old records start at this window. Court staff can search physical files for cases that predate the online system.
How to Search Probate Records Online
The Miami-Dade Clerk of Courts runs a free public search tool on its website. Anyone can use the tool to look up probate cases filed in the county. The system covers formal administrations, summary administrations, wills on deposit, and ancillary filings for out-of-state estates. Search results show the case number, the decedent’s name, the personal representative, and the case status.
The Clerk’s Public Search Portal
Go to miami-dadeclerk.com and click the public records search link. Pick the probate case type from the dropdown menu. The portal asks for the search criteria, then runs the query against the database. Results load in seconds for most names. The portal works on desktop and mobile browsers without a login.
The system shows both active and closed cases. Each result links to the full docket, which lists every filed document with the filing date. Some documents link to scanned images that you can view for free. Downloading or printing costs the same as paper copies at the courthouse.
Search by Name or Case Number
You can search by the decedent’s last name, the personal representative’s last name, or the full case number. A case number looks like 2024-CP-012345. If you only know a partial name, the system still returns matches. Narrow the search by adding a first name or a year range when the name is common.
Name searches sometimes return too many results. Add a middle name, a date of death, or a specific year to cut the list down. The system lets you sort results by case number, filing date, or last name. A case number search gives you the exact file without sorting through name matches.
Public vs Sealed Records
Florida law makes most probate records open to the public. The petition, the order admitting the will, the letters of administration, the inventory, and the final discharge all become public documents. Anyone can read these filings through the online portal or at the courthouse.
A few records stay sealed. Accountings of estate property, creditor claims with personal data, and the Social Security numbers of heirs all stay confidential. The clerk redacts sensitive data before posting documents online. A judge can also seal an entire case file for good cause, but this happens only in rare situations.
Probate Case Types for Miami Gardens
Florida law gives families three paths to settle an estate. The right path depends on the value of the estate, the date of death, and the type of property. Miami-Dade County handles all three paths for Miami Gardens residents. Each path follows a different set of rules and a different fee schedule.
Formal Administration
Formal administration covers estates worth more than $75,000. The court names a personal representative, often called an executor, to gather assets, pay debts, and distribute what remains. The personal representative posts a bond unless the will waives it, files an inventory within 60 days, and sends notice to all known creditors.
Florida law gives creditors four months to file claims against the estate. This waiting period is the main reason formal administration takes time. Most formal administrations close within 6 to 12 months, though complex cases can run longer. An attorney handles the filings for most formal administrations because the paperwork and deadlines are strict.
Summary Administration
Summary administration is a faster path for smaller estates. A family can use this path if the total estate value is $75,000 or less, or if the person died more than two years ago. The court does not name a personal representative. A beneficiary files a petition and the court signs an order to distribute the assets.
Summary cases often close within 30 to 60 days. The court reviews the petition, signs the order, and the family takes the order to banks, title companies, or other institutions to transfer the assets. Attorney fees run lower than formal administration because the paperwork is simpler.
Disposition Without Administration
Disposition without administration is the simplest path. The family uses this method when the deceased left no real property and only enough money to cover funeral costs and final medical bills. The total amount must be under $6,000. No full probate case opens. A family member files a short request and the court signs an order to release the funds.
Some banks and insurance companies pay small balances without a court order, but many still ask for one. A disposition without administration order solves that problem in a single court visit. This path saves the family both time and money.
Assets That Bypass the Court
Some assets pass to heirs without probate. Property held in joint tenancy with right of survivorship, retirement accounts with named beneficiaries, life insurance policies, and assets inside a trust all transfer outside the court system. Knowing which assets skip probate affects what the court needs to handle.
A Miami Gardens resident might die with a house, a car, a bank account, and a retirement plan. The house might pass by joint tenancy, the car by beneficiary, and the bank account by a small estate affidavit. The retirement plan has its own beneficiary form. Only the leftover assets, if any, need a probate filing.
Filing Fees and Court Costs
Probate filing fees in Miami-Dade County follow a state-set schedule. The fee scales with the value of the estate. Miami Gardens residents pay the same fees as any other Miami-Dade resident. The clerk updates the fee schedule each year, so check the current rate before filing.
Filing Fee Schedule
The fee for estates worth $1,000 or less is $235. The fee rises in steps as the estate value grows. Estates between $25,001 and $75,000 pay $405. Estates worth more than $75,000 pay $405 plus an extra $3.00 for every $1,000 over $75,000. A statutory cap stops the fee from growing without limit on the largest estates.
| Estate Value | Filing Fee |
|---|---|
| $1,000 or less | $235 |
| $1,001 – $2,500 | $270 |
| $2,501 – $10,000 | $300 |
| $10,001 – $25,000 | $355 |
| $25,001 – $75,000 | $405 |
| Over $75,000 | $405 + $3 per $1,000 above $75,000 |
Call the clerk’s office at (305) 275-1155 to confirm the current rate. The fee schedule on the clerk’s website reflects the latest statutory change. Filing a case without the correct fee delays the case.
Other Costs During Probate
Other costs stack on top of the filing fee. The personal representative must publish a notice to creditors in a local newspaper approved by the court. Publication costs run between $50 and $200 based on the newspaper and the estate size. The clerk also charges a small fee to record the final judgment.
Certified copies of court orders cost more than regular copies. Banks and title companies often ask for certified copies before they transfer assets, so most estates need at least a few certified orders. Attorney fees sit outside the clerk’s fee schedule and depend on the case complexity. Florida law caps attorney fees for ordinary estates, but unusual cases can run higher.
Will Deposit Rules in Florida
Florida law treats a will as a private document until the person dies. Once the testator dies, anyone holding the original will must deposit it with the clerk. This rule protects the will from loss, damage, or tampering before probate begins.
The 10-Day Will Deposit Law
Florida Statutes section 732.901 requires anyone with a decedent’s will to deliver it to the clerk of the circuit court within 10 days of learning about the death. The rule applies to family members, attorneys, banks, and safe deposit box operators. Failing to deposit a will can lead to civil liability if the omission harms a beneficiary.
Depositing a will does not open a probate case. The will goes on file with the clerk and stays there until someone opens a probate case. The clerk stamps the will with the deposit date and stores it in the probate file room. A small filing fee applies to the deposit.
Where Miami Gardens Wills Are Stored
Wills for Miami Gardens residents go to the Miami-Dade County Clerk’s office at 73 West Flagler Street. A person can deliver the will in person or by mail. Mailing a will requires sending a self-addressed stamped envelope if the depositor wants the receipt mailed back. The clerk returns a file-stamped copy as proof of deposit.
Once a probate case opens, the deposited will becomes part of the case file. If no one opens a probate case, the will sits in storage with the clerk. Sealed wills on deposit stay confidential until someone with a legal interest asks to see them. The clerk can search the deposit records by the decedent’s name to locate a specific will.
Visiting the Courthouse in Person
Some tasks still require a trip to the courthouse. Filing a new will, opening a small estate case, picking up certified copies, or asking staff to search old files all work better in person. The clerk’s customer service window handles these requests on a first-come, first-served basis.
Address and Parking Tips
The Miami-Dade County Courthouse sits at 73 West Flagler Street in downtown Miami. The building opens at 8:00 AM on weekdays. Two parking garages sit within walking distance. Street parking is scarce, so the garages are the safer choice. The courthouse sits about 12 miles south of Miami Gardens, and traffic can add 30 to 60 minutes to the drive during rush hour.
Public transit offers another option. The Miami-Dade Metromover and Metrorail both stop within a few blocks of the courthouse. The Government Center station serves most bus lines in the area. Riding transit skips the parking fee and avoids traffic stress.
Office Hours and Required Documents
The clerk’s office operates from 8:00 AM to 5:00 PM, Monday through Friday. The office closes on weekends and court holidays. Bring a valid photo ID, the decedent’s full legal name, the date of death, and the case number if you have one. A copy of the death certificate speeds up older searches because the staff cross-references the death certificate index.
Plan to arrive before 3:00 PM if you need same-day service. The line grows longer as the closing time approaches, and some requests take time to process. Copies of older files may need a same-day or next-day turnaround depending on the file size.
Legal Help for Miami Gardens Families
Probate rules can confuse people who handle a case for the first time. Several local resources help Miami Gardens residents work through the process. Free and low-cost options exist for people who qualify based on income, and paid attorneys handle more complex cases.
Florida Bar Lawyer Referral Service
The Florida Bar runs a lawyer referral service that matches clients with attorneys by practice area and county. Visit floridabar.org and use the referral tool to locate a probate attorney in Miami-Dade County. The first 30-minute consultation costs a small fee, after which the attorney quotes a full fee for the case.
The Bar also handles fee disputes through its fee arbitration program. A client who disagrees with the attorney’s bill can file for arbitration instead of going to court. Arbitration decisions are binding on the attorney but optional for the client.
Free Legal Aid Options
Legal Services of Greater Miami provides free civil legal help to low-income residents. Probate and estate matters sometimes qualify based on the client’s income, assets, and case type. Visit lsgmi.org to apply online or call the intake line for a screening. Volunteer attorneys handle cases that meet the program’s priorities.
Law school clinics in Miami also help with estate matters. The clinics accept cases that give law students hands-on training under attorney supervision. The clinics charge nothing for qualifying clients but limit the number of cases they take each year.
Court Self-Help Centers
The 11th Circuit Court runs a self-help center at the courthouse. Staff answer general questions about court procedures, hand out forms, and review paperwork for completeness. Staff cannot give legal advice or represent clients, but they can point you in the right direction. The center operates on weekdays during regular court hours.
The Florida Courts self-help site at flcourts.gov posts plain-language guides on probate, family law, and small claims. The site lets visitors download standard forms for free. The guides explain each step in plain English and link to the relevant statutes.
Contact Details for Miami Gardens Probate Records
Miami Gardens residents can reach the probate records system through the Miami-Dade Clerk of Courts. The clerk handles all filings, searches, copies, and certified records. The main office, phone number, hours, and official website appear below. The 11th Judicial Circuit Court website provides case calendars, judge assignments, and self-help resources.
Miami-Dade Clerk of Courts
Address: 73 W Flagler St, Miami, FL 33130
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Office Hours: Monday – Friday, 8:00 AM – 5:00 PM
11th Judicial Circuit Court
Website: jud11.flcourts.org
City of Miami Gardens
Website: miamigardensfl.gov
Frequently Asked Questions
People searching Miami Gardens probate records often ask the same set of questions. The answers below cover the search process, the fees, the timeline, and the rules for will deposits. Each answer gives the data you need without legal jargon.
How do I look up a probate case in Miami Gardens?
Use the Miami-Dade Clerk’s online portal at miami-dadeclerk.com. Pick the probate case type, then search by the decedent’s last name, the personal representative’s name, or the case number. Results load in seconds. The portal shows the case status, the docket, and links to filed documents. Older cases may not appear in the online system, so call the clerk at (305) 275-1155 for help with files that predate the digital system. The clerk’s staff can search the physical archives for cases that predate the online portal. Bring a photo ID, the decedent’s full name, and the approximate year of death when you visit in person. The clerk can also help you pull docket sheets for closed cases at the customer service window on the first floor of the courthouse.
Are Miami Gardens probate records open to the public?
Yes, most probate records in Miami Gardens are public under Florida law. The petition, the order admitting the will, the letters of administration, the inventory, and the final judgment all sit in the public file. A few sensitive documents stay sealed, including creditor claims with personal data, accountings, and any record a judge orders sealed for good cause. Confidential records are redacted before the clerk posts them online. The clerk removes Social Security numbers, bank account numbers, and minor children’s names from public filings. The sealed documents stay in a restricted file that only the personal representative, the attorney, and the judge can view. Family members who need a sealed document can ask the judge to lift the seal by filing a motion.
How much does it cost to open a probate case?
The filing fee depends on the estate value. The minimum fee is $235 for estates worth $1,000 or less. The fee grows in steps up to $405 for estates between $25,001 and $75,000. Estates over $75,000 pay $405 plus $3 for every $1,000 above $75,000. Other costs include newspaper publication, certified copies, and attorney fees. The clerk accepts cash, money orders, and most major credit cards. Personal checks over a certain amount may not be accepted, so call ahead to confirm the payment methods. Attorney fees for ordinary estates are set by Florida statute as a percentage of the estate value, but unusual cases can run higher based on the time and complexity involved.
What is the difference between summary and formal administration?
Formal administration applies to estates worth more than $75,000 and requires a personal representative, creditor notice, and court oversight. Summary administration applies to smaller estates worth $75,000 or less, or to any estate where the person died more than two years ago. Summary cases skip the personal representative step and close faster. Both paths end with a court order that distributes the assets to the heirs. The choice between the two paths depends on the estate size, the date of death, and the family’s preference. A probate attorney can review the estate and recommend the right path. Most families with smaller estates choose summary administration to save time and money. Larger estates with complex assets, family disputes, or tax issues often need formal administration to protect the personal representative and the heirs.
Can I file a will without opening a probate case?
Yes. Florida law lets you deposit a will with the clerk before any probate case opens. The clerk stores the will and returns a file-stamped copy as proof. The will stays confidential until someone with a legal interest asks to see it. Depositing a will costs a small fee and protects the document from loss. A probate case can open later if the family needs to settle the estate through the court. The deposit record stays in the clerk’s index by the decedent’s name. A beneficiary, an attorney, or the personal representative can later request a copy of the deposited will by presenting a death certificate and proof of identity. The clerk releases the will only to people with a legal right to see it.
How long does probate take in Miami-Dade County?
Formal administration usually takes 6 to 12 months. Florida law gives creditors four months to file claims, which sets the minimum timeline. Complex cases with tax disputes, will contests, or business assets can run longer. Summary administration often closes in 30 to 60 days because the court does not appoint a personal representative and skips the creditor waiting period. Disposition without administration can finish in a single court visit. The actual time depends on the court’s calendar, the complexity of the assets, and whether any party files an objection. A simple will with no disputes and clear heirs moves faster than a contested case with multiple properties and creditors. Most uncontested formal administrations close within the standard range. Cases that go to trial can run 18 to 24 months or more, depending on the court’s schedule.