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Probate Court FAQ's

Frequently Asked Questions

My spouse just died, do I have to bring his/her Will in?

How do I avoid Probate?

Does the State get your money if you do not leave a Will?

If I have a Claim on a decedent's estate, how do I collect?

Is there a charge to file a claim against an estate in Probate?

Where is the proper place to Probate an estate?

Can I deposit my Will with the Court?

I am a creditor of a person who is missing and I understand a Conservatorship has been opened, can I file a claim?

How can I get my spouse admitted to a State Mental Hospital?

How do I get him/her into this receiving facility?

What is the fee for this service?

How can I get help for a relative with an  Alcohol /Drug Problem?

What do I need to obtain a court order so that the money in a bank account belonging to my deceased spouse can be released to me?

Why do I need a copy of the paid in full funeral bill?

Can small estates release cars?

My spouse just died, do I have to bring his/her Will in?
F.S. 732.901 Production of Wills: The custodian of a Will must deposit the Will with the Clerk of the Court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.

How do I avoid Probate?
You must see your attorney and advise him/her of your financial situation in order to preserve your assets and have them distributed as you desire.

Does the State get your money if you do not leave a Will?
F.S. 732.107 - Escheat: When a person leaving an estate dies without being survived by any person entitled to it, the property shall escheat to the State.

If I have a Claim on a decedent's estate, how do I collect?
Claim forms are available from the Clerk's Office and must be filed in duplicate within three (3) months from the date of the first publication of the Notice of Administration.

Is there a charge to file a claim against an estate in Probate?
No, there is no fee for filing a claim.

Where is the proper place to Probate an estate?
F. S. 733.101 Venue of Probate Proceedings: The venue of Probate of all Wills and granting of Letters shall be in the county in this state where the decedent had his domicile.

Can I deposit my Will with the Court?
No, a will cannot be deposited with the Court before the death of the testator.

I am a creditor of a person who is missing and I understand a Conservatorship has been opened, can I file a claim?
No. You should contact the Conservator of the property of this missing person. The same would apply to a Curatorship or Guardianship.

How can I get my spouse admitted to a State Mental Hospital?
Patients are admitted only from a receiving facility.

How do I get him / her into this receiving facility?
Under Chapter 394 of the Florida Statute (Baker Act) a petition for Emergency Admission on Ex-Parte Order is based on the behavioral criteria that the person may be harmful to himself or others. If the person meets this criteria, the Judge signs the Emergency Admission Order prepared by the Clerk. Certified copies of the order are given to the petitioner with instructions to give them to the law enforcement agency having jurisdiction in their area. This gives the agency the authority to take the individual to a receiving facility to be evaluated.

What is the fee for this service?
There is no fee.

How can I get help for a relative with an Alcohol / Drug problem?
Forms for the involuntary petitions for both alcohol and drug abuse are available from the Clerk's Office. This office is located at:

Probate Court (For Adults)
73 West Flagler Street, Room # 234
Miami, Florida 33130

Juvenile Justice Center (For Minors)
3300 NW 27 Ave., Room # 1136
Miami, Florida 33142

What do I need to obtain a court order so that the money in a bank account belonging to my deceased spouse can be released to me?
First of all, the account must be the decedent's entire estate. If you are the one who has paid the funeral bill, then we need a copy of the paid in full funeral bill, a copy of the death certificate and full information concerning the asset in question. If you are not the one who has paid the funeral bill, then we need that person's consent in writing.

Why do I need a copy of the paid in full funeral bill?
Because the purpose of the Small Estates department is to reimburse the person who has paid the funeral bill.

What is the cost of a certified copy?
Visit the fee schedule for a list of our copy and certify fees.

Can small estates release cars?
No, as a general rule most cars are handled directly by the Motor Vehicle Department.

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