Filing Fees for Probate Cases

* Payment for filing fees on Small Estates may be made by cashier check or money order.

Baker Act

• To petition for an Ex-parte Order you must be at our office by 3:30 PM to allow time for processing.

• To petition the court for an order allowing the police to transport a person to a receiving facility for an involuntary psychiatric examination, there must be reason to believe that the person is mentally ill and because of this illness the person has refused a voluntary examination after being asked by the petitioner (the person requesting the involuntary order) and without care or treatment, the person will harm him or herself or another.

• To petition the court for the involuntary psychiatric examination order, the petitioner must have observed the behavior of the person. The person must be in Miami-Dade County and not in a hospital or jail.

• You must know the address, date of birth, age, height and weight of the person who needs the examination.

• You must bring a valid photo identification with your signature on it. A Driver's License, Passport, Resident Alien Card and Florida Identification Card are examples of valid photo identification. There is no filing fee for this petition.

• In order for the person to go to a private facility you must make arrangements with the facility before you come to our office. Make sure you bring this information with you when you come to our office.

• If you are seeking involuntary treatment for a person with alcohol or drug abuse problems, this is done by filing a petition with the Clerk's Office. This office is located at:
  

Probate Court
73 West Flagler Street, Room # 234
Miami, Florida 33130

Small Estates

• Small Estates is also known as Disposition of Personal Property without Administration. These cases are filed when formal administration is not necessary and no real property is involved. Upon providing a self-addressed stamp envelope, a deputy clerk will mail you the necessary forms and instructions. If requested, the clerk may also assist you with filing a small estate.

• The decedent must have been a resident of Miami-Dade County at the time of death. The assets of the decedent must be $6,000.00 or less, other restrictions may be applicable depending on the circumstances. If the assets are over $6,000.00 you can not proceed with a Small Estates action and it is suggested that  you consult with an attorney on how to proceed.

* Assets cannot exceed funeral bill. 

• At the time of filing a small estates action, you must mail in or take a certified copy of the death certificate, a copy of the funeral bill paid in full, a copy of any documentation of the decedent's assets along with the applicable filing fees.  Assets are only release to the party who paid the final funeral bill.

• Visit the fee schedule for a complete list of our fees.

• If more than one bank account there is an additional fee of $2.50 each.

Caveats

• A caveat filed by an heir, interested party or creditor will be accepted before a case is filed visit the fee schedule for a complete list of our fees. Once an estate is opened, we will notify the caveator in writing of the case number, date letters were issued, names of personal representative and attorney on the case.

• We do not supply Caveat forms, however once a case is opened we do supply the Claim form and there is no filing fee for a claim.