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Probate Attorney for Miami-Dade County, Florida

Settling a Miami-Dade County estate, often from out of state, takes a court appointment and a Florida attorney.

We handle Miami-Dade County probate wherever you are, for a flat fee you can see up front.

  • Done by phone, video, and e-signature
  • Flat fees from $1,500, no hourly surprises
  • Litigates Florida probate and trust disputes in court
Book a free 30-minute consult Flat fees from $1,500 · serving Miami-Dade County residents

Quick Overview

A Miami-Dade County estate is filed in the county where the person lived, and Florida lets attorneys e-file everything, so an out-of-state family never travels to court. We handle Miami-Dade County probate for flat fees from $1,500. The three kinds of probate, the timeline, and serving from out of state are below.

Topics to Know HideShow

Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one.

  1. Probate in Miami-Dade County: Where It’s Filed It files in the county where the person lived, and attorneys e-file every document, so an out-of-state family never has to travel to the Miami-Dade County courthouse.
  2. Which Kind of Probate You’ll Need Most estates pass through one of three doors, and the cheapest may be open. Summary administration clears estates of $150,000 or less (raised from $75,000 on July 1, 2026), or any estate more than two years old.
  3. How Long, and What It Costs Flat fees start at $1,500 for disposition, $2,500 summary, and $3,500 formal. A formal case is paced by the 3-month creditor window, so it runs about 6 to 12 months.
  4. Out-of-State Personal Representatives You can serve as personal representative from another state if you are related to the decedent. An out-of-state child qualifies, and we handle it wherever you are.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Probate in Miami-Dade County: Where It’s Filed

Miami-Dade County sits in Florida’s 11th Judicial Circuit. Probate is filed with the Miami-Dade Clerk of the Circuit Court, in the county where the decedent was domiciled at death. Cases are handled at the Osvaldo N. Soto Miami-Dade Justice Center at 20 NW 1st Avenue in Miami. The Probate Division has six circuit judges and two general magistrates. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Miami-Dade County estate handled without anyone traveling to the courthouse.

Miami-Dade probate case numbers end in “CP-02,” and the Probate Division publishes checklists and a “Probate Attorneys’ Corner.” Miami-Dade requires the court’s Probate Smart Forms for many filings. We serve Miami-Dade County residents, including Miami, Miami Beach, Coral Gables, Hialeah, Doral, Aventura, Homestead, Kendall.

Which Kind of Probate You’ll Need

Most Miami-Dade County estates pass through one of three doors. The cheapest one may be open.

We confirm which applies at your consult and quote a flat fee. Estimate the cost and timeline first →

How Long, and What It Costs

Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Miami-Dade County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →

Disposition without administration
From $1,500
The smallest estates, where the assets are exempt or do not exceed the funeral and final medical expenses. The petition and the order releasing the asset.
Summary administration
From $2,500
Estates under $75,000 of non-exempt assets, or where the death was more than two years ago. The petition, the orders and the transfer of the assets, usually without a personal representative.
Formal administration, routine estate
From $3,500
The full court process with a personal representative appointed. Letters of administration, notice to creditors and the claims period, the inventory, the accounting and the distribution. Larger estates estimated at the consult.
Recording costs vary by county and start at $19.20 for a deed. Documentary stamp tax, court filing fees, publication and certified copies are additional and passed through at cost.

Out-of-State Personal Representatives

Under Florida law, you can serve as personal representative of a Miami-Dade County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Miami-Dade County by phone, video, and e-signature.

Suddenly responsible for a house or other real property here? Our Miami-Dade County property owner's guide maps every office that now matters to you, including the property appraiser, tax deadlines, code enforcement, and how to watch what the county is planning near the property.

Local Rules, Judges, and the Clerk’s Probate Office

Every circuit publishes administrative orders and local procedures that control how probate actually runs in Miami-Dade County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Miami-Dade probate now operates at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, not the old courthouse at 73 W. Flagler Street. Original wills, codicils, and bonds are filed physically there, and the Clerk’s probate office answers at 305-275-1155. The division requires its Probate Smart Forms and e-filed certification checklists in estate and guardianship administrations, and judges may decline to sign orders that skip them.

You do not have to learn any of this yourself. Part of what a flat fee covers is an attorney who already files under these rules, so nothing bounces back for a missing checklist.

Rather handle the filing yourself? Our Miami-Dade Probate Court filing guide is the procedural version of this page, with the courthouse address, where the original will goes, which forms the county wants, the posted filing fee, and an eleven-step checklist for opening the estate.

Handling a Miami-Dade County estate?

A free 30-minute consult tells you which kind of probate applies and what it will cost.

Book your free consult

Frequently Asked Questions

How do I choose a probate lawyer in Miami-Dade County?

Ask the same four questions everywhere in Florida. Is the fee flat or the statutory percentage, in writing? Does the lawyer litigate if a will contest or objection erupts mid-case? Can the whole case be handled without you coming to Florida, since Florida probate e-files statewide? And does the estate, not you personally, pay the fee? We answer flat, yes, yes, and yes for Miami-Dade County families.

Where is probate filed in Miami-Dade County?

Probate is filed with the Miami-Dade Clerk of the Circuit Court, in the 11th Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Miami-Dade County estates wherever you are.

How long will it take?

Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.

Do I need a local attorney if I live out of state?

You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Miami-Dade County by phone, video, and e-signature.

Sources


Updated August 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Miami-Dade County residents from Miami; this is not a Miami-Dade County office.

Miami-Dade County probate, wherever you are

Book a free 30-minute consult and we’ll quote a flat fee.