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Florida · 11th Judicial Circuit

Miami-Dade County Circuit Court probate division Guide

Settled Estate records a $401+ court filing fee, a 10-day deadline to deposit the will and a 3-month creditor claim period for the Probate Division - 11th Judicial Circuit, read from 4 linked sources and last verified January 5, 2026.

By Settled Estate Editorial Team

Circuit Court probate division information · Updated January 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$401+
Court filing fee
10 days
To deposit the will
3 months
Creditor claims, from notice
(305) 349-7333
Filing office phone
Unofficial guide · Verified January 2026 · Probate Division - 11th Judicial CircuitSources (4)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Where & how to file

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Florida Department of Health in Miami-Dade County - Vital Records

Cost: $15/copy
Get: 12 copies
Online: Available
Order Online
Office info
Address: 8600 NW 17th Street, Suite 200, Miami, FL 33126
Hours: Monday - Friday 8:00 AM - 5:00 PM
Common uses:
  • Probate Court Filing2 copies
  • Social Security Administration1 copy
  • Life Insurance Claims2 copies
  • Bank/Financial Accounts2 copies
  • Pension/Retirement Accounts1 copy

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 10 days
10 days

Deposit the Will

Custodian must deposit will with Clerk within 10 days of learning of death (F.S. 732.901)

Cost: Free
Where: Probate Division - 11th Judicial Circuit
Clerk Website

Creditor claim window

Creditors generally have 3 months from first publication of Notice to Creditors to bring claims against the estate. (F.S. 733.702)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Florida small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for testate probate. If no will exists, it's intestate administration.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require formal administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Simplest form of probate for very small estates to pay final expenses.

  • Deceased must have been Miami-Dade County resident at death
  • Assets cannot exceed funeral bill
  • No real property involved
Qualifies:
Exempt property + preferred funeral expenses + reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (F.S. 735.301; no fixed dollar cap)
Filing fee:
$232
Attorney:
not required by law, though many families use one

Assets only released to party who paid funeral bill

Documents you'll need:

  • Petition for Disposition Without Administration (Form 500.130)
  • Certified Death Certificate
  • Itemized Funeral Bill
  • Proof of Payment (receipt showing funeral bill paid)
  • Order Authorizing Disposition

Simplified probate for smaller estates

  • Estate value under $150,000 (excluding homestead and exempt property)
  • OR at least 2 years have passed since death
  • No personal representative appointed
  • Assets distributed directly to beneficiaries by court order
  • All beneficiaries must sign or be served
Qualifies:
$150,000 (or any value if decedent died more than 2 years ago)
Filing fee:
$346
Attorney:
not required by law, though many families use one

Attorney strongly recommended but not required for summary administration.

Documents you'll need:

  • Petition for Summary Administration (Form 500.110)
  • Certified Death Certificate
  • Original Will (if any)
  • Joinder of interested persons or proof of service
  • Order of Summary Administration

Full probate administration for larger estates or contested matters

  • Must be represented by Florida-licensed attorney
  • Personal representative appointed by court
  • Inventory due within 60 days
  • Notice to creditors required
  • Accounting and distribution
Qualifies:
Estates over $150,000 in non-exempt assets
Filing fee:
$401
Typical duration:
6-12 months minimum
Attorney:
required

Documents you'll need:

  • Petition for Administration (Form 500.100)
  • Certified Death Certificate
  • Original Will (if any)
  • Oath of Personal Representative (Form 500.300)
  • Designation of Resident Agent (Form 500.400) - if non-resident
  • Bond (if required by will or court)
  • Notice of Administration (Form 500.600)
  • Inventory (Form 500.500) - due within 60 days
  • Accounting (Form 500.700)
  • Petition for Discharge

For non-resident decedents with Florida property

  • Decedent was not a Florida resident
  • Decedent owned real property in Florida
  • Primary probate opened in domicile state
Filing fee:
$401

File for Probate

Where to file, forms & fees

County filing packet

Miami-Dade County probate filing packet

Use this packet to confirm the local Florida Circuit Court probate division, compare common probate paths, gather core documents, and identify possible next steps before filing. This is an informational filing guide, not legal advice or a court-approved packet.

Where this packet starts
Circuit Court probate division
Probate Division - 11th Judicial Circuit
Clerk
Juan Fernandez-Barquin, Esq.
Address
73 W. Flagler Street, Room 238, Miami, FL 33130
Phone
(305) 349-7333
Official clerk or court site
Documents to gather
General filing documents
  • Certified Death Certificate
  • Original Will if applicable
  • Petition for Administration (Form 500.100)
  • Oath of Personal Representative (Form 500.300)
  • Designation of Resident Agent (Form 500.400) if applicable
  • Inventory (Form 500.500)
Formal administration
  • Petition for Administration (Form 500.100)
  • Certified Death Certificate
  • Original Will (if any)
  • Oath of Personal Representative (Form 500.300)
  • Designation of Resident Agent (Form 500.400) - if non-resident
  • Bond (if required by will or court)
Summary administration
  • Petition for Summary Administration (Form 500.110)
  • Certified Death Certificate
  • Original Will (if any)
  • Joinder of interested persons or proof of service
  • Order of Summary Administration
Disposition without administration
  • Petition for Disposition Without Administration (Form 500.130)
  • Certified Death Certificate
  • Itemized Funeral Bill
  • Proof of Payment (receipt showing funeral bill paid)
  • Order Authorizing Disposition
Filing fees and deadlines
Filing fees
  • Formal administration: $401
  • Summary administration: $236-$346
  • Disposition without administration: $232
  • Certified copy per page: $1
  • Certification per document: $2
Deadlines
  • Deposit the original will within 10 days if one exists.
  • Creditor claims period: 3 months.
  • Notice to creditors publication: Once a week for 2 consecutive weeks.
Official links and help

Not sure probate is required for this estate? Start with the free assessment.

Check if probate is needed

Packet details are based on official filing-office, clerk, and state sources.

This informational filing guide is not legal advice or a court-approved packet. Confirm final instructions, forms, fees, and filing options with the listed official sources before filing.

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Ladybird Deed (Avoids Probate)

A life estate deed that reserves the right to sell, mortgage, or revoke during the grantor's lifetime. Property passes automatically to remainderman at death, avoiding probate.

Miami-Dade Clerk of the Court and Comptroller - Office of County Recorder

Website
Tomas Regalado, Miami-Dade County Property Appraiser Website

Guardianship

For minor children or incapacitated adults

Guardianship is a legal process where a court appoints someone to manage the affairs of an incapacitated person or minor.

See the full Florida guardianship and conservatorship guide for the court process, alternatives, and costs.

Types of Guardianship

    Person Only
    $236
    Property
    $401

    ⚠ Attorney required for guardianship proceedings

    Guardian Training Required

    8-hour course required by F.S. 744.3145

    Contact the 11th Judicial Circuit Clerk for current list of approved guardian training providers

    Key Deadlines

    60 days for initial plan60 days for inventory

    Plan Ahead: Preneed Guardian

    Allows a person to designate their preferred guardian before incapacity occurs.

    Small Estate Options

    Simplified procedures that can avoid full probate

    Small estate procedure

    Applies when the qualifying estate is under $150,000 (F.S. 735.201 (Summary Administration)).

    Petition for Summary Administration. Available when estate value is under $150,000 (excluding homestead) OR 2+ years have passed since death.

    Bank account release

    Applies when the qualifying estate is under $2,000 (F.S. 735.303).

    Earliest filing: 180 days after death.

    For bank accounts in sole name without beneficiary designation, file affidavit with financial institution after 6-month waiting period. The combined funds in the decedent's qualified accounts at that institution may not exceed $2,000 (F.S. 735.303(2), as amended by Ch. 2026-57, eff. July 1, 2026; was $1,000).

    Medicaid Estate Recovery

    State may recover Medicaid costs from estate

    Important Notice

    If the deceased received Medicaid, the state may file a claim against the estate to recover benefits paid.

    Medicaid benefits paid for nursing facility services, home and community-based services, and related hospital and prescription drug services for individuals age 55 or older

    See the full Florida Medicaid estate recovery guide for what is recovered, who is exempt, and how to request a hardship waiver.

    Protected Assets

    • Homestead while surviving spouse, minor child, or disabled adult child resides there
    • Property properly held in trust before Medicaid application

    Hardship waiver available in cases of undue hardship.Learn more

    Contact: (850) 412-4000 (Agency for Health Care Administration (AHCA))

    Vehicle Title Transfer

    Retitle or transfer the deceased's vehicle. Office, forms, fees.

    David C. Richardson

    Miami-Dade County Tax Collector

    Phone:
    (305) 270-4949
    Address:
    73 W Flagler Street, Ste 242, Miami, FL 33130
    Hours:
    Monday - Friday 8:00 AM - 4:30 PM
    Office Website

    Florida Tax Collectors serve as agents for the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Miami-Dade has multiple service centers throughout the county.

    When a Florida vehicle owner dies, the title must be transferred to the new owner. The process depends on whether the vehicle was titled jointly, has a surviving spouse, or must go through probate.

    Transfer scenarios

    Joint Ownership with Right of Survivorship ("OR" on title)

    Documents needed:

    • Original certificate of title signed by surviving owner
    • Completed HSMV 82040 application
    • Valid ID of surviving owner
    • Payment of title fee

    If the title reads "Owner A OR Owner B", the surviving owner can transfer the title by signing and submitting the required forms. No probate is required.

    Joint Ownership ("AND" on title)

    Documents needed:

    • Original certificate of title
    • Certified copy of death certificate
    • Letters of Administration or Letters Testamentary
    • Completed HSMV 82040 application
    • Valid ID
    • Payment of fees

    If the title reads "Owner A AND Owner B", the estate must go through probate before the title can be transferred.

    Sole Ownership (Probate Required)

    Documents needed:

    • Original certificate of title (if available)
    • Certified copy of death certificate
    • Letters of Administration or Letters Testamentary from probate court
    • Order of Distribution from probate court (if applicable)
    • Completed HSMV 82040 application
    • Valid ID of personal representative or heir
    • Payment of fees

    Vehicles titled solely in the deceased's name typically require probate. The Personal Representative must obtain Letters of Administration or Letters Testamentary from the 11th Judicial Circuit Court (Miami-Dade).

    Surviving Spouse (No Other Heirs)

    Documents needed:

    • Original certificate of title
    • Certified copy of death certificate
    • Certified copy of marriage certificate
    • Affidavit stating no other heirs and describing vehicle
    • Completed HSMV 82040 application
    • Valid ID
    • Payment of fees

    If the deceased has a surviving spouse and no other heirs, the spouse may be able to transfer the title without probate by providing an affidavit.

    Form HSMV 82152 is the surviving-spouse path; the general title application is HSMV 82040. Check with the Tax Collector for specific requirements as they may vary.

    Forms

    • Application for Certificate of Title With/Without Registration(HSMV 82040)
    • Odometer Disclosure Statement(HSMV 82993)(Required for vehicles less than 20 years old with odometer reading)
    • Affidavit of Heir(May be required depending on estate situation - check with Tax Collector)

    Fees

    Includes title fee plus electronic lien title fee if applicable$75.25
    lien recording$2
    registration transferVaries by vehicle weight

    Annual registration fees apply based on net weight of vehicle

    Small-estate vehicle transfer

    Florida allows disposition of personal property without administration when the only assets are exempt property plus nonexempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the decedent's last illness (F.S. 735.301). There is no fixed dollar threshold.

    If the estate qualifies for Disposition Without Administration, the vehicle may be transferred without full probate. Consult with the Tax Collector and potentially an attorney to determine eligibility.

    Lost or duplicate title

    If the original title is lost, destroyed, or stolen

    Submit completed form with ID, VIN verification (if required), and fee to any Miami-Dade Tax Collector service center.

    Form:Application for Duplicate or Lost in Transit/Reassignment for a Motor Vehicle, Mobile Home or Vessel Title Certificate(HSMV 82101)

    Fee: $75.25

    If there is a lienholder on record, the duplicate title will be mailed to the lienholder.

    Helpful resources

    Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

    Vehicle title transfers in Miami-Dade County are handled by the Tax Collector's office (David C. Richardson), which serves as an agent for the Florida DHSMV. Multiple service centers are located throughout Miami-Dade County. Check the website for current locations and hours as they may vary.

    Vehicle sources (3)

    Sources for this page (4)

    The facts above come from these official sources. Verify current details with the office before filing.

    You've seen what probate involves. Here's how to spare your own family.

    A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

    See how to avoid probate in Florida

    Frequently Asked Questions

    How much does probate cost in Miami-Dade County?
    Probate filing fees in Miami-Dade County, Florida vary by the type of administration. The court filing fee shown on this page is $401+; confirm current amounts with the Circuit Court probate division before filing.
    How long does probate take in Miami-Dade County?
    Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
    Do I need an attorney for probate in Miami-Dade County?
    Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

    More Florida Resources

    Explore the rest of the Florida probate hub.

    Do I need probate?5 pages
    For the executor5 pages
    Money and taxes5 pages
    Family and inheritance5 pages
    Transfer assets5 pages
    File and learn5 pages

    Verified against Probate Division - 11th Judicial Circuit on January 5, 2026

    Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.