Miami-Dade County Probate Records

The probate records of Miami-Dade County consist of documentation related to the administration or settlement of a decedent's assets. Like Miami-Dade County court records, these documents are available to the public for multiple reasons, including personal inquiries, individuals seeking knowledge about probate procedures, and academic purposes.

Probate is a judicial forum dedicated to identifying a deceased individual's property or assets, allocating them to designated beneficiaries, and addressing debts the decedent owes. A decedent's assets that may be subject to probate include bank and investment accounts, life insurance policies, annuities, and retirement accounts. Additionally, real estate owned by the decedent or jointly with a beneficiary may be included, as well as homestead properties and any other assets eligible for legal distribution.

The probate process in Miami-Dade is governed by the Florida Probate Code and Florida Probate Rules (specifically Part I and Part II [Rules 5.010-5.530]).

Are Probate Records Public?

Yes. Rule 2.420 of the Florida Rules of General Practice and Judicial Administration permits public access to probate court records generated and preserved within the State of Florida, including those maintained in Miami-Dade County.

Nonetheless, public access is limited for certain records. For example, probate records sealed by a court order are only accessible to authorized entities. The identities of minors, estate inventories, personally identifying data (e.g., social security numbers), and bank account details or other financial information are confidential.

What is Probate Court in Miami-Dade County?

The Probate Division of the Miami-Dade County Family Court hears estate administration (probate) cases initiated in the region. This court also addresses matters related to family law, including domestic violence cases and marriage license issues. The Family Court is located at:

Lawson E. Thomas Courthouse Center
175 Northwest 1st Avenue
Miami, FL 33128
Phone: (305) 275-1155

Probate Court Case Lookup

Miami-Dade probate court case records can be accessed from the county's court clerk & comptroller's office. The Miami-Dade County Clerk is responsible for preserving all probate court records. Serving as both the county recorder and custodian of these documents, the clerk plays a crucial role in maintaining legal transparency.

The Miami-Dade County Clerk offers online, in-person, and mail-in methods for obtaining probate case information. For records that cannot be located online, individuals can submit a public records request form by mail to Records Management, Miami-Dade County Clerk of Courts, P.O. Box 14695, Miami, FL 33101, or email it to cocpubreq@miamidade.gov.

Alternatively, a letter can be drafted containing the following information and mailed to the below address:

• Case number or book & page
• Year of case
• Names of parties involved
• Stamped and self-addressed envelope
• The copy fee: $1 per page, $2 per document for the certification

Lawson E. Thomas Courthouse Center
Family Court / Correspondence
175 Northwest 1st Avenue
12th Floor
Miami, FL 33128

How to Find Probate Records Online Free

There are two methods for accessing Miami-Dade probate records online at no cost. The first option is straightforward: individuals can utilize the public Civil, Probate, and Family Courts Online System provided by the county court, which disseminates probate case records. For optimal results, online searches require the submission of specific information, such as the party name, case type, filing date range, or case number, or hearing details, such as the date, type of court, calendar designation, and the name of the presiding judge.

The second option involves independent third-party websites that, while not directly linked to government entities, provide similar access to court records.

Both channels allow the public to obtain records free of charge, although this may not apply to every search. In-depth searches may necessitate additional resources beyond remote access, and third-party platforms may charge fees for more extensive inquiries. Furthermore, a fee will be required if copies or certified documents are required.

How Long Does Probate Take in Florida?

The probate process in Florida can vary significantly, lasting anywhere from six to eighteen months without a fixed timeframe.

Generally, the probate timeline is influenced by the circumstances surrounding each case. For example, cases where the administration required is less complex tend to be closed faster. Similarly, an executor's seriousness in pursuing settlement and the court's availability can significantly prolong or lessen the time until probate is finalized. Statutory deadlines for filing documents (claims, tax returns, etc.) and the existence of contests or disputes also impact the timeline, either delaying or expediting the proceedings.

Are Wills Public Record?

Yes. Wills are not classified as public documents in Miami-Dade until they are filed for a probate proceeding. Once they are, they become components of the probate case file, which is deemed public under Florida law.

However, access to a will can be restricted if the court issues a directive declaring its confidentiality or where certain information is exempt by law.

How to Find Out If Someone Has a Will

When an individual passes away, and their will is available, the designated representative must submit it to the probate court. This action does not automatically make the will accessible to the public. However, the will becomes public once the associated probate case is opened. Therefore, the primary avenue for verifying the existence of a will in Miami-Dade is through the court system. Fortunately, this process does not entail any unique steps beyond the standard procedure for obtaining other probate records, whether online, by mail, or in person.

Another option is to contact the attorney who drafted the will for the deceased if known. Alternatively, one may engage a professional service to conduct the research if the attorney is unknown.

Miami-Dade County Family Court Case Search

The Family Court in Miami-Dade has authority over probate, domestic relations, and domestic violence cases. These cases include conservatorships, guardianships, will execution proceedings, restraining orders, Baker Act cases, Marchman Act cases, simplified divorces, marriage licenses, child support through a central depository, and alimony.

Residents seeking any of the above records can make inquiries at the courthouse during business hours, online through the Civil, Probate, and Family Courts Online System, or via mail to the clerk & comptroller's office. More information about family record requests is available on the clerk's Certified Copies page.

However, requesters will need to possess specific details, such as the names of the individual(s) involved, a specific case number, or a filing date. Supplying this information facilitates the speedy retrieval of the requested family record, particularly when the case number is known and included.

Note: Although many family case records are open to the public, certain documents are confidential and cannot be disclosed to the general public.