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Miami-Dade
County Courthouse
73 West Flagler Street, Suite # 234 | Miami, Florida 33130
Telephone: (305) 275-1155 | Business Hours: 9:00am- 4:00 pm
|
Filing
Fees for Probate Cases
Payment
for filing fees may be made by Visa, MasterCard, and cash.
*
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.
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