How Do I Open a Probate Case in Florida?

Opening a probate case in Florida begins when an interested party files the required paperwork with the circuit court in the county where the deceased person lived. Probate does not start automatically after a death, and the court will take no action until someone formally opens the case. Mistakes in the initial filing or missing documents frequently cause delays that can extend the process by weeks or months. 

A Florida probate attorney helps ensure the case is opened correctly from the start, protecting your time and your interests. If you need assistance opening a probate case in Miami-Dade County or anywhere in South Florida, call The Estate Plan for your consultation and get clear guidance on your next steps.

Key Takeaways About Opening a Probate Case in Florida

• You must file a petition for administration with the circuit court in the county where the deceased person resided at the time of death.
• Florida recognizes two main types of probate administration, and factors such as the value of the estate and the time since death determine which type applies.
• The court appoints a personal representative to manage the estate only after receiving and approving the required petition and supporting documents.

Types of Florida Probate Administration

Florida law provides different probate procedures based on the size and circumstances of the estate. Florida Statutes Chapter 733 establishes the requirements for each type of administration. Choosing the correct procedure can affect how long the probate process takes and how much it costs.

Summary Administration in Florida

Summary administration is a statutorily authorized probate process for qualifying estates based on asset value or the length of time since death. It is available when probate assets total $75,000 or less, excluding exempt homestead property, or when the decedent has been deceased for more than two years. The court enters an order directing the distribution of estate assets without appointing a personal representative.

Formal Administration in Florida

Formal administration applies to larger estates and cases involving real property, creditor claims, or disputes. The court appoints a personal representative who manages the estate, posts a bond in many cases, and files required accountings. It is a common form of probate in Miami-Dade County, particularly in estates that exceed the summary administration threshold.

Documents Required to Open a Florida Probate Case

Gathering the right documents before filing saves time and prevents delays. Florida courts require specific paperwork to initiate probate proceedings, and missing items stop the process until you provide them.

The following documents are typically required to open a probate case in Florida:

• Certified death certificate from the Florida Department of Health or the county vital records office
• Original last will and testament, if one exists, along with any codicils or amendments
• Petition for administration that identifies the proposed personal representative and lists known beneficiaries
• Oath of personal representative signed by the person who agrees to serve in that role
• Designation of resident agent if the personal representative lives outside of Florida

Each document serves a specific purpose in establishing the court’s jurisdiction and authority over the estate. Missing even one item gives the court reason to reject your filing or request additional information.

Where to File Your Probate Petition in Miami-Dade County

The Eleventh Judicial Circuit Court handles all probate matters for Miami-Dade County residents. You must file the petition in the county where the deceased person lived at the time of death, not where they owned property or where they passed away.

Court Location and Filing Options

The probate division of the Miami-Dade County Clerk of Courts accepts filings at the Richard E. Gerstein Justice Building in downtown Miami. The clerk’s office also accepts electronic filings through the Florida Courts E-Filing Portal for attorneys and registered users. Filing fees vary based on the type of administration and the value of the estate.

What Happens After You File

The court reviews your petition and supporting documents after you file. A judge then issues letters of administration that grant the personal representative legal authority to act on behalf of the estate. If the petition is complete and uncontested, the court may issue letters of administration within several weeks, though timing varies by case.

Once appointed, the personal representative must publish a notice to creditors in a local newspaper. Florida Statutes Section 733.2121 requires this publication to give unknown creditors an opportunity to file claims against the estate.

Personal Representative Duties After Opening a Florida Probate Case

The personal representative takes on significant legal duties once the court issues letters of administration. These responsibilities carry potential liability for mistakes or delays.

Personal representatives must complete the following tasks during probate administration:

• Identify, locate, and secure all assets belonging to the estate
• Notify known creditors directly and publish notice to unknown creditors
• File an inventory of estate assets with the court within 60 days of appointment
• Pay valid creditor claims according to the priority established by Florida law
• Distribute remaining assets to beneficiaries after satisfying all debts and expenses

Failing to meet deadlines or properly account for assets exposes personal representatives to personal liability. Many people serving in this role benefit from working with a Florida probate attorney who tracks deadlines and prepares required filings.

Common Mistakes When Opening Probate in Florida

Errors at the filing stage can delay or complicate the entire administration. Common mistakes include:

• Filing in the Wrong County: Probate must be filed in the county of the decedent’s legal residence. Filing in the wrong county requires starting over and paying additional fees, even if the decedent owned property in multiple counties.
• Missing the Deadline to File the Will: Anyone holding the original will must deposit it with the court within 10 days of learning of the death, as required by Florida Statutes § 732.901. Failure to comply may expose the holder of the will to civil liability and, in limited circumstances, potential criminal penalties under Florida law.
• Choosing an Ineligible Personal Representative: The personal representative must be a Florida resident or a close relative of the decedent. Convicted felons and individuals found mentally incapacitated by a court are disqualified from serving.

Working with an experienced Florida probate attorney can help prevent these mistakes and keep the probate process on track under Florida law.

How Our Florida Probate Attorneys Help Families Open Cases in Miami

The Estate Plan, based in Coral Gables, assists families throughout Miami-Dade County with every aspect of probate administration. Opening a probate case requires attention to detail and familiarity with local court procedures. The attorneys at The Estate Plan handle initial filings, court appearances, and ongoing communication with the probate court on behalf of their clients.

Filing the Initial Petition

We prepare and file all required documents with the Eleventh Judicial Circuit Court, including the petition for administration, certified death certificate, and original will, if one exists. Our team reviews each filing for accuracy and completeness to reduce the risk of delays caused by missing or incorrect information.

Ongoing Probate Administration Support

After the case is opened, we guide personal representatives through their legal duties and statutory deadlines. Our firm operates as a paperless, cloud-based practice, enabling timely communication and efficient case management. We remain readily available to address urgent issues and questions that arise throughout the probate process, ensuring consistent support from start to finish.

FAQs for Florida Probate Attorneys

How much does it cost to open a probate case in Florida?

Filing fees in Miami-Dade County range from approximately $400 to over $1,000 depending on the type of administration and estate value. Attorney fees, publication costs, and other expenses add to the total cost of probate.

Do I need a Florida probate attorney to open a case?

Under Florida law, a personal representative may proceed without an attorney only if they are the sole interested person in the estate. In all other cases, the personal representative must have legal representation throughout the probate process.

Contact a Florida Probate Attorney to Start Your Case Today

Opening a probate case marks the beginning of a process that affects your family for months to come. The decisions you make now, from choosing the right type of administration to selecting a qualified personal representative, shape how smoothly the estate settles.

The Estate Plan serves families throughout Miami-Dade County, from Coral Gables to Aventura, with knowledgeable guidance through Florida probate procedures. Contact The Estate Plan today for your consultation and take the first step toward settling your loved one’s estate.