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Frequently
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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.
