Miami-Dade Probate Information Sheet
Detailed Information About Probate in Miami-Dade County
All matters relating to estates in Miami-Dade County are governed by the Probate Division, which is located in Room 238 of the Miami-Dade County Courthouse at 73 West Flagler Street, Miami, Florida 33130. It is open Monday through Friday from 8 AM to 4:30 PM.
TEMPORARY PROBATE LOCATION: beginning May 29, 2014
Although all probate matters are governed by Chapters 731-735 of the Florida Probate Code, the Miami-Dade County Probate Division maintains its own comprehensive set of local procedures. An individual who wishes to open a new file or reopen a file for the disposition of an estate must provide the Clerk’s Office with a filing fee and certain specified documents, both of which are determined by the applicable probate process – see below:
A Petition for Summary Administration can be filed by any beneficiary, a person nominated as the personal representative in the decedent’s will, or by an attorney representing that petitioner(s). If a petitioner chooses to proceed without an attorney, they will need to research the requirements for doing so and find the necessary forms. Below is a summary of the requirements for filing a Summary Administration.
Please note, if their is homestead property then additional requirements may be necessary, including formal notice requirements to creditors and a hearing before the court.
Also See: Probate Frequently Asked Questions
How to Proceed with Formal Administration of a Florida Will:
After the Will is admitted to court, the judge must sign Letters of Administration appointing and authorizing a personal representative to act on behalf of the decedent’s estate. The personal representative is then responsible for sending a Notice of Administration to persons interested in the decedent’s estate (surviving spouse, beneficiaries, etc.) and a Notice to Creditors to all known creditors of the decedent. He must also publish the Notice to Creditors in a local print medium to identify any unknown creditors, in which such creditors are told that they have 90 days to file a claim with the court or else surrender their right to collect on the debt.
Assets are then collected and the decedent’s debts and taxes are paid. After all assets have been distributed, the estate is closed and the personal representative is relieved of his duties.
If you are interested in finding out more information about a Miami-Dade County Probate, I advise you to consult an experienced Probate Attorney or, alternatively, thoroughly study of the Florida Probate Code at http://www.leg.state.fl.us/statutes.
Sample Probate Pleadings
Probate cases can be complicated because they require the filing of many different documents with the Court. For example, the one document which is always filed when seeking to open a formal probate administration is the Petiton for Administration. We have compiled other sample probate pleadings which provide a true sense of the work involved in any Florida probate case.
Topics Related to Florida Probate Law include:
More Probate Links of Interest:
Want to Know More?
To learn more from Larry and to see all of the probate matters he can help with, read his Probate Lawyer page.
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