Probate · By County
Probate in Miami-Dade
County, Florida.
When the decedent lived in Miami-Dade County, probate runs through the probate division of the 11th Judicial Circuit in Miami. The Kogan Firm represents Miami-Dade families in formal and summary administration, in English and Russian.
Miami-Dade is the busiest probate division in Florida, and its calendars and local procedures reward attorneys who file complete, well-documented petitions the first time. We handle the filings remotely and by appearance as needed, so most clients never have to take a day off to sit at the courthouse. We also serve the area’s large Russian-speaking community in their language.
Not sure whether probate is even required? Our free probate calculator gives you a read in two minutes, and the Florida probate timeline walks through every step from petition to discharge.
Miami-Dade probate at a glance
- Court
- 11th Judicial Circuit
- Courthouse
- Miami-Dade Probate Division, Lawson E. Thomas Courthouse Center
- Filing fee
- about $401
- Formal administration
- 8–12 months
- Summary administration
- 4–8 weeks
- Filing method
- Florida e-portal
Probate division, Miami
175 NW 1st Avenue, Miami, FL 33128
Petition for administration (summary is lower)
realistic range for a clean file
estates ≤ $150K (deaths on/after 7/1/2026) or > 2 yrs deceased
statewide electronic filing
Where Miami-Dade probate is filed
Florida probate is opened in the county where the decedent lived. For Miami-Dade County, that means the probate division of the 11th Judicial Circuit in Miami. Petitions are filed electronically through the Florida Courts E-Filing Portal with the Miami-Dade Clerk of the Courts; the Miami-Dade Probate Division, Lawson E. Thomas Courthouse Center is located at 175 NW 1st Avenue, Miami, FL 33128.
Court locations, division assignments, and filing fees change. Always confirm the current details with the Clerk before filing.
What the personal representative has to do
Being named in the will is the start of a job, not an honor. Once the 11th Judicial Circuit issues letters of administration, the personal representative is a fiduciary, which means the duties run to the beneficiaries and creditors rather than to whoever nominated you, and mistakes can land on you personally. The sequence is roughly:
- File the petition, the original will if there is one, and the death certificate, then qualify and receive letters.
- Identify, secure, and value everything the decedent owned. Bank and brokerage statements, deeds, titles, life insurance, retirement accounts, and any business interest.
- Publish the notice to creditors and serve known creditors directly, which starts the claim clock.
- File the inventory with the court, then handle claims: pay the valid ones in statutory order, object to the rest.
- Deal with homestead. It is treated separately from the rest of the estate and usually needs its own order.
- File final tax returns, distribute what remains, and petition for discharge.
A personal representative who mismanages assets, misses accountings, or self-deals can be removed under §733.504 on the petition of any interested person. Florida also requires the personal representative to be represented by counsel in nearly every formal administration, so this is not a job the statute expects anyone to do alone. Our free Florida Executor’s Kit walks through the first thirty days in detail.
Serving families across Miami-Dade County
Miami · Hialeah · Miami Beach · Coral Gables · Aventura · Doral · Homestead · Kendall · North Miami · Sunny Isles Beach · Pinecrest · Cutler Bay
Miami-Dade probate, common questions
Where do I file probate for someone who lived in Miami-Dade County?
Probate is filed in the county where the decedent was a resident. For Miami-Dade County, that is the probate division of the 11th Judicial Circuit in Miami, through the Miami-Dade Clerk of the Courts. Florida uses a statewide e-filing portal, so the petition is filed electronically rather than in person.
How long does Miami-Dade probate take?
A clean formal administration generally runs 8 to 12 months, driven mostly by the 3-month creditor period. Summary administration, available for estates of 150,000 dollars or less for deaths on or after July 1, 2026 (75,000 dollars for earlier deaths) or when the person died more than two years ago, can finish in 4 to 8 weeks. Disputes, will contests, or out-of-state real property extend the timeline.
How much does probate cost in Miami-Dade?
The court filing fee for a petition for administration is about $401, with summary administration lower. Attorney's fees are separate. We give an honest fee estimate up front on a free 15-minute call, and many estate matters can be handled on a flat fee.
Can I avoid probate entirely?
Often, yes, with planning. A properly funded revocable living trust, joint titling, and beneficiary designations can pass assets without court involvement. If you are planning ahead rather than administering an estate, that is usually the better path, and we can walk you through it.
Who can serve as personal representative in Miami-Dade?
Florida is stricter than most states. A personal representative must be either a Florida resident, or, if out of state, a close relative: a spouse, sibling, parent, child, or certain other blood relatives. An out-of-state friend, business partner, or unrelated caretaker cannot serve, no matter what the will says. When a named representative is disqualified, the court appoints an alternate, which is one of the more common reasons a straightforward case stalls in its first month.
What are letters of administration, and when will I get them?
Letters of administration are the court order proving the personal representative has authority to act. Banks, title companies, and transfer agents will not release anything without them, so nothing really moves until they issue. In a formal administration filed with the Miami-Dade Clerk of the Courts, expect roughly 2 to 4 weeks from filing a clean petition to holding letters. Summary administration does not produce letters at all; the court simply orders the assets released.
Which debts get paid, and in what order?
Florida sets the priority by statute under §733.707, and a personal representative who pays out of order can be personally liable. Administration costs come first, then funeral expenses up to $6,000, then debts with federal preference, then medical expenses from the last 60 days of the final illness, then family allowance, then court-ordered child support arrears, then everything else. Creditors have 30 days from direct service, or three months from first publication, to file a claim. Claims filed late are generally barred.
What makes a Miami-Dade probate take longer than it should?
In order of how often we see it: a disqualified or unwilling personal representative, homestead that has to be determined before the house can be sold or transferred, a will contest or a beneficiary who will not sign off, real property in another state requiring an ancillary administration, unfiled tax returns, and creditor claims that have to be litigated rather than paid. Most of these are visible in the first two weeks if someone knows to look, which is the main argument for a short call before anything gets filed.
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Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Miami-Dade County Probate
Talk it through, free.
We open and administer estates throughout Miami-Dade County, formal and summary. Tell us what happened in a free 15-minute call and we'll map out the path and the cost.
This page is general information about probate in Miami-Dade County, Florida, and does not constitute legal advice. Every estate is different.