Miami City probate court records are public court files managed by the Miami-Dade County Clerk of Courts. These records include wills on file, estate case filings, and case status reports for people who lived in Miami at the time of their death.
You can review these records online, by mail, or in person at the downtown courthouse. This page covers every step to locate the records, read the files, and request certified copies for legal use.
Where Miami Probate Records Are Filed
All probate cases for Miami residents go through the county court system, not the city. The Miami-Dade County Clerk of Courts handles every estate case for the city. This office stores both paper files and digital copies of every probate record. Staff at this office help the public locate, copy, and verify probate documents for legal or personal use.
11th Judicial Circuit Court
Miami sits inside the 11th Judicial Circuit of Florida. This circuit covers only Miami-Dade County. The probate division runs from the main courthouse on Flagler Street in downtown Miami. Every year, attorneys who want to file probate cases must register in the Probate Registry. The registration window runs from January 1 through April 30 each year. The circuit sets local rules that all probate cases must follow, and the clerk’s office posts these rules on the court website.
Courthouse Location and Address
The Miami-Dade County Courthouse sits at 73 West Flagler Street in downtown Miami. The Probate Division is on the second floor in Room 238. Public parking near the building is limited, so plan to arrive early. The clerk’s office accepts mail filings for certain case types, and many documents can be filed through the Florida Courts E-Filing Portal from any computer.
| Item | Details |
|---|---|
| Building | Miami-Dade County Courthouse |
| Street Address | 73 W Flagler St, Room 238 |
| City, State, ZIP | Miami, FL 33130 |
| Main Phone | (305) 275-1155 |
| Office Hours | Monday to Friday, 8:00 AM to 5:00 PM |
| Clerk of Court | Juan Fernandez-Barquin |
| Website | miami-dadeclerk.com |
Clerk of Courts Office
The Clerk of Courts office stores every probate record filed in the county. Juan Fernandez-Barquin serves as the elected Clerk. His office keeps paper files, microfilm reels, and digital records for public search. Staff members can help locate a case, order copies, or check the current status of any open probate file. The clerk also runs an online portal for self-service record search.
How to Search Miami Probate Court Records
The clerk’s office runs a public online search system that works from any home computer. You can locate cases by decedent name, case number, or attorney name. Most open probate cases show the full docket at no cost. Older cases, sealed files, and confidential records may need an in-person visit or a written request to the clerk’s office.
Online Case Search System
Go to the Miami-Dade Clerk of Courts website and use the free case search feature. Type the last name of the deceased person into the search bar. The system returns the case number, filing date, case type, and the current status of the case. The system covers most cases filed since the 1980s in electronic form. Older paper files may not appear in the online search results.
Search by Decedent Name
Searching by name works best when you know the full legal name of the person who died. Type the last name first to get the widest match. If the search returns too many results, add a first name or middle initial. The system narrows the list as you type more letters. The search also shows the case number and date of death for every match.
Search by Case Number
Each probate case gets a unique number when it opens. The number starts with the year, followed by a case code that shows the case type. For example, a 2024 formal administration might read 2024-CP-001234. You can use this number to pull up the full docket and every document filed in the case. The case number search gives the most accurate results.
In-Person Record Access
You can visit the courthouse to search records on public terminals in the clerk’s office. Staff will guide you to the right terminal based on the year and case type. The terminals show the same records you would see online, plus older paper files that are not yet scanned. Bring a photo ID and the case number or full name of the decedent for the fastest service.
Record Copies by Mail
Send a written request to the clerk’s office for copies of any probate record. Include the case number, the document names you need, and your contact details. Add a check for the copy fees and a self-addressed stamped envelope for the return mail. Mail requests take one to two weeks to handle during normal court operations.
Types of Probate Cases in Miami
Florida law sets out three main paths to handle a deceased person’s estate. The right path depends on the value of the estate and how long ago the person died. Miami-Dade County sees all three case types every year. The path you choose affects the fees, the timeline, and the paperwork you must file with the court.
Formal Administration
Formal administration covers estates worth more than $75,000 where the person died within the last two years. A judge names a personal representative to handle the estate. The representative notifies creditors, files an inventory, pays debts, and gives what remains to the people named in the will. This full path can take six months to one year in Miami-Dade, longer in contested cases.
Summary Administration
Summary administration is a faster path. It applies to estates worth $75,000 or less, or to any estate when the person died more than two years ago. No personal representative gets named. The court signs an order that tells everyone how to divide the assets. This path often wraps up in four to eight weeks from the date of filing.
Disposition Without Administration
Disposition without administration is the simplest path. It works only when the deceased person left no real property and the only money is what covers final medical bills and funeral costs. The total must be under roughly $6,000. The clerk can handle this type without a judge in many cases. This path saves the family both time and money.
Will Deposit Records
Florida law says someone must file the will with the clerk within 10 days of the testator’s death. This rule stands even when no probate case opens right away. Once filed, the will becomes a permanent court record. You can ask the clerk to search for a deposited will by the name of the person who signed it. The contents stay sealed until a judge orders them opened.
Probate Filing Fees in Miami-Dade
Court fees for probate come from Florida state law. Most fees are the same in every county across the state. Miami-Dade may add small local fees on top of the state base amount. The clerk can confirm the exact fee at the time of filing, since fees may change with state budget updates each year.
Court Filing Costs
Filing fees scale with the value of the estate for formal administration. A small estate may pay a few hundred dollars in court costs. A large estate can pay well over $1,000 just to open the case. Petitions to sell real property, objections, and other motions each carry a separate fee. Fee waivers are available for those who qualify based on income.
Certified and Plain Copy Costs
Plain copies of court documents cost $1.00 per page. Certified copies cost $2.00 for the first page and $1.00 for each page after that. The clerk adds a small fee for the certification seal itself. You can pay for copies in person, by mail, or through the online portal. Rush copies cost extra and speed up the wait time.
Attorney and Personal Representative Fees
Court filing fees sit apart from attorney fees and representative fees. Florida Statute 733.6171 sets a fee schedule for probate lawyers based on estate value. Personal representatives earn a similar set fee for their work. These fees come out of the estate before assets reach the beneficiaries. Courts can review and lower fees that seem too high.
Florida Death Records and Probate
Probate cases need a certified death certificate to move forward. Banks, title companies, and courts all ask for a copy of this document. The Florida Department of Health runs the statewide system for death records. The Florida Bureau of Vital Statistics stores every death record filed in the state, both recent and old.
Florida Death Certificate Path
A Florida death certificate starts at the county level. The funeral home or local health department files the first record with the state. Once filed, the state sends the record to the Florida Bureau of Vital Statistics. After that step, anyone can order a certified copy through the state system. The whole record becomes part of the statewide death index within a few weeks.
Florida Department of Health Vital Records
The Florida Department of Health runs the Bureau of Vital Statistics. This office keeps every death record filed in the state since 1877. The main office sits in Jacksonville, but you can order records from any county health department in Florida. The state also runs a statewide death index online for public search. You can search this index at no cost.
Death Certificate Fees
The cost of a Florida death certificate is set by state law. Each certified copy costs a set fee that the state updates each year. The fee is the same whether you order online, by mail, or in person. Rush orders cost more. You can pay by check, money order, or credit card based on how you order the record.
How to Request Florida Death Records
You can order Florida death records three main ways. The fastest path is online through the state portal. The slowest path is mail order. In-person visits work for people who live near a county health department. Each path gives the same certified copy, but the time and cost differ based on how you order.
Online Death Record Requests
The Florida Department of Health runs an online order portal. You type the name of the deceased, the date of death, and the county of death. The system locates the record and lets you pay the fee with a credit card. A certified copy arrives by mail in one to two weeks. The portal accepts major credit cards and some debit cards.
Death Records by Mail
Mail orders need a signed application form, a copy of your photo ID, and a check or money order. Send the packet to the Bureau of Vital Statistics in Jacksonville. Add a self-addressed stamped envelope for the return mail. Mail orders take three to four weeks to handle during normal operations. The state accepts cash only for in-person orders.
Death Records for Genealogy
Florida death records from 1925 and later are open to the public. Records from before 1925 are restricted. Genealogy researchers can order uncertified copies for older records, or use the statewide death index to locate the right person. Some older records sit only on microfilm at the state archive in Tallahassee. Researchers can view these files on site.
Probate Path Steps in Miami
The probate path in Miami follows Florida’s Probate Code in Chapters 731 through 735. The path varies based on the case type, but the basic steps stay similar for formal administration. Most cases follow a set order from filing to closing. Some cases take longer if there are fights or missing heirs.
Filing the Initial Petition
The first step is filing a petition with the Miami-Dade Probate Division. A family member or the named executor in the will usually files this paper. The petition asks the court to accept the will and to name a personal representative. The clerk stamps the case with a number and opens the file. The court then sets a date to review the petition.
Notifying Creditors
The personal representative must tell all known creditors about the estate. There is a formal notice path in Florida law. Creditors have three months from the first date of publication to file a claim. Claims filed after the window ends are barred in most cases. The representative must publish the notice in a local newspaper.
Inventory and Accounting
The personal representative files an inventory of every asset in the estate. The inventory lists real property, bank accounts, investments, and personal items. Florida law makes inventories and accountings confidential. The public cannot view these documents without a court order. The judge reviews the inventory to check for accuracy.
Closing the Estate
Once debts are paid and any fights are settled, the representative files a final accounting. The representative also files a petition for discharge. The judge reviews the file. If everything checks out, the judge signs an order that closes the case. Assets then pass to the people named in the will or to legal heirs. The clerk marks the case as closed in the system.
Electronic Filing in Miami Probate
The Florida Courts E-Filing Portal allows attorneys and the public to file probate papers online. The system accepts petitions, motions, and orders for most case types. Registered users get an email when the court accepts or rejects a filing. The portal is open 24 hours a day, but the clerk’s office only handles filings during business hours.
E-Filing Portal Access
Visit the Florida Courts E-Filing Portal to set up a free user account. The portal asks for your contact details and a payment method for filing fees. Once you log in, you can file new cases, add documents to open cases, and check the status of recent filings. The system saves your draft for 30 days so you can finish it later.
Documents That Need Paper Filing
Some documents still need paper filing at the courthouse. Original wills, death certificates, and certified copies of certain court orders must arrive on paper. The clerk will not accept electronic versions of these items. Mail paper filings to the Miami-Dade Clerk of Courts at the courthouse address with a check for the filing fee.
Will Contest Steps in Miami
A will contest is a legal fight over the validity of a will. Any interested person can file a contest in the Miami-Dade Probate Court. Common grounds include fraud, undue influence, lack of capacity, and improper signing. The court holds a hearing and reviews the evidence before making a decision.
Grounds for a Will Contest
Florida law lists specific reasons a court can void a will. These reasons include fraud, duress, lack of testamentary capacity, and improper execution. The person filing the contest must prove the claim with clear evidence. The court looks at medical records, witness testimony, and the facts around the signing of the will.
Filing a Will Contest
To start a will contest, file a petition with the probate court where the will sits. The petition must state the grounds for the contest and list the evidence you plan to present. The court sets a hearing date and notifies all interested parties. Most contests settle before trial, but some go to a full court hearing.
Homestead and Real Property
Florida protects homestead property in probate. The homestead exemption covers a primary residence up to a set value or acreage. The protection applies to the surviving spouse and minor children. Real property outside the homestead goes through the regular probate path.
What Counts as Homestead
Homestead means the primary residence of the deceased person at the time of death. The property must sit on no more than 160 acres in a rural area, or half an acre in a city like Miami. The owner must have lived on the property with the intent to make it a permanent home. Vacation homes and rental units do not count.
How Homestead Affects Probate
Homestead property cannot be devised by a simple will in Florida. The court treats homestead as protected for the spouse and minor children. The personal representative files a separate petition to determine how the homestead passes. This adds steps to the probate path, even in a simple estate.
Local Help for Miami Residents
Several local groups help Miami residents with probate and estate matters. These groups offer legal aid, self-help forms, and public records access. Use these services to save time and money on your probate case.
Legal Services of Greater Miami
Legal Services of Greater Miami provides civil legal aid to qualifying low-income residents. They handle some estate and probate matters based on the situation and current funding. Call (305) 576-0080 to apply for help. Their office can refer you to a probate attorney if they cannot take your case.
Florida Bar Lawyer Referral Service
The Florida Bar Lawyer Referral Service can connect you with a licensed probate attorney in Miami. You can reach them at (800) 342-8011. Many attorneys offer a free or low-cost first meeting to review your case. The service runs during normal business hours on weekdays.
Miami-Dade Public Library Help
The Miami-Dade Public Library has a legal support section with self-help books and access to legal databases. Some branches offer free access to Westlaw and LexisNexis for legal research. Library staff cannot give legal advice, but they can point you to the right materials. Visit any branch during open hours to use these systems.
City of Miami Official Website
The City of Miami’s official website links to county and court materials that Miami residents need. The site does not handle probate directly, but it lists links to the clerk’s office, the courthouse, and the public library. Use the city site as a starting point when you need a quick link to a local service.
Florida Vital Records Office
The Florida Bureau of Vital Statistics handles all statewide death records. The main office is in Jacksonville, Florida. The office runs during normal state business hours. You can reach the office by mail, phone, or through the online order portal. The office also has a help line for questions about ordering vital records.
Florida Department of Health
Bureau of Vital Statistics
P.O. Box 210
Jacksonville, FL 32231
Phone: (904) 359-6900
Website: floridahealth.gov
Hours: Monday to Friday, 8:00 AM to 5:00 PM
Contact and Visit Miami Probate Court
You can reach the Miami-Dade Probate Division by phone, mail, or in person. The clerk’s office answers phone calls during business hours on weekdays. Mail requests need a written letter, a check for any fees, and a return envelope with postage. In-person visits need a photo ID to enter the courthouse.
Frequently Asked Questions
This section covers common questions about Miami probate records, Florida death certificates, and how to use public court files. Each answer gives direct steps you can take right now to locate, request, or verify a record. Use these answers to plan your record search before you call the clerk or place an online order. The answers point to the right office, the right fee, and the right form for each task.
How do I find a Miami probate case by name?
Go to the Miami-Dade Clerk of Courts online portal and use the case search feature. Type the last name of the deceased person into the search bar. The system shows the case number, filing date, case type, and current status. If the case is older than 1970, the system may not have it. You may need to visit the courthouse in person for older files. Bring a photo ID and the full name of the decedent to the clerk’s window for the fastest service.
Are Miami probate records public?
Most probate records are public, but some documents stay sealed by law. Inventories, accountings, and certain sensitive filings are not open to view. Wills become public once the court admits them to probate. Deposited wills sit on file but the contents stay sealed until a judge orders them opened. You can ask the clerk’s office which documents are open for any case you locate.
How much does a death certificate cost in Florida?
The state fee is set by Florida law and is the same across the state. A certified copy costs a set amount for each copy that the state updates each year. Rush orders carry an extra fee for faster mail. The clerk can confirm the current fee at the time you place the order. You can pay by check, money order, or credit card on the online portal.
Can I search Miami probate records for free?
Yes, the public case search on the clerk’s website is free. You can look up case status, filing dates, and docket entries at no cost. You only pay when you want a paper or certified copy of a document. Copy fees are $1.00 per page for plain copies and $2.00 for the first page of a certified copy. The clerk accepts cash, check, and credit card.
What is the difference between formal and summary probate?
Formal probate covers estates worth more than $75,000 where the person died less than two years ago. A judge names a personal representative, and the path takes six months to a year. Summary probate covers smaller estates or older estates, costs less, and often wraps up in four to eight weeks. The right path depends on the size of the estate and the date of death.
How long does probate take in Miami-Dade County?
Timeline depends on the case type. Summary administration can close in four to eight weeks. Formal administration takes six months to one year in most cases. Contested probate cases can take several years to settle. Cases with no will, no heirs, or complex assets tend to run longer than the average. The court can give you a status update on any open case.
Where do I get a certified copy of a Florida death record?
You can order a certified copy online through the Florida Department of Health portal, by mail to the Bureau of Vital Statistics in Jacksonville, or in person at any county health department. The state charges a set fee per copy that the state updates each year. Rush service costs extra and speeds up the mail time by a few days. You must show a photo ID to pick up records in person.