Certified Copies for Probate Cases
The deceased must have been a resident of Miami-Dade County at the time of death. Assets of the deceased must be $6,000 or less and cannot exceed the funeral bill. Other restrictions may apply depending on the circumstances.
If the assets are over $6,000, you cannot proceed with a small estates action and it is suggested that you consult with an attorney.
Filing a Small Estates PetitionA Small Estates Petition can be filed in person at the Probate Court Office or by mail. If filing by mail, please provide a self-addressed, stamped envelope. A deputy clerk will mail the necessary forms and instructions.
You must submit:
- A certified copy of the death certificate
- A copy of the itemized funeral contract
- The receipt paid in full
- A copy of any documentation of the decedent's assets
- Applicable filing fees
If there is more than one bank account, there is an additional $3 fee per account.
Once an estate is opened, we will notify the person who submitted the caveat in writing of the case number, the date the letters were issued, the name of the personal representative and the attorney on the case. We do not supply caveat forms, yet we will supply the claim form once a case is opened. There is no filing fee for any of these forms.
Wills and Probate
EscheatWhen a person leaving an estate dies without being survived by any person entitled to it, the possessions shall become the property of the state. If you believe you are entitled to a decedent's estate, you can file a claim form with the Clerk's Office. The claim form is available at the Clerk's Office. It must be filed in duplicate within three months from the date of the first publication of the notice of administration. There is no fee for filing a claim.
- Opening an estate; open a safe-deposit box; enter rooms and places; determination of heirs; foreign guardian, authenticating copies, settling minor's claims, emergency misc.-CP and GD - $232
- Caveat and notice of trusts - $40
- Petition and order to admit foreign wills - $232
- Disposal of personal property without administration - $232
- Summary administration for estate < $1,000 - $236
- Summary administration for estate >= $1,000 - $346
- Formal & ancillary administration, curatorship and conservatorship - $401
- Guardianship of person only - $236
- Formal guardianship - $401
- V.A. guardianship - $236
- Petition for incapacity - $232
- Appeal to District Court of Appeals (Check written to District Court) - $300
- Appeal to District Court of Appeals (Collected by Clerk) - $100
- Filing of verified inventory valued at > $25,000 - $85
- Filing annual accounting for estate valued at <= $25,000 - $20
- Filing annual accounting for estate valued at $25,000 to $100,000 - $85
- Filing annual accounting for estate valued at $100,000.01 to $500,000 - $170
- Filing annual accounting for estates valued at > $500,000 - $250
- Filing fee for reopening a case - $50
- Attorney appearing pro hac vice - $100