Probate Court

A Small Estates Petition is also known as Disposition of Personal Property without Administration. These cases are filed when a formal administration  is not necessary and no real property is involved.

The deceased must have been a resident of Miami-Dade County at the time of death. Assets of the deceased must be $6,000 or less and cannot exceed the funeral bill. Other restrictions may apply depending on the circumstances.

If the assets are over $6,000, you cannot proceed with a small estates action and it is suggested that you consult with an attorney.

Filing a Small Estates Petition

A Small Estates Petition can be filed in person at the Probate Court Office or by mail. If filing by mail, please provide a self-addressed, stamped envelope. A deputy clerk will mail the necessary forms and instructions.

You must submit:

• A certified copy of the death certificate
• A copy of the itemized funeral contract
• The receipt paid in full 
• A copy of any documentation of the decedent's assets
• Applicable filing fees

A caveat is a legal notice to a court or public officer to suspend a certain proceeding until the notifier is given a hearing. A caveat filed by an heir, interested party or creditor will be accepted before a case is filed. 

Once an estate is opened, we will notify the person who submitted the caveat in writing of the case number, the date the letters were issued, the name of the personal representative and the attorney on the case. We do not supply caveat forms, yet we will supply the claim form once a case is opened. There is no filing fee for any of these forms.

In order to preserve your assets and have them distributed as you want, you must see your attorney and advise him or her of your financial situation. The probate of all wills and granting of letters must be in the state and county where the deceased lived.

Escheat  

When a person leaving an estate dies without being survived by any person entitled to it, the possessions shall become the property of the state. If you believe you are entitled to a decedent's estate, you can file a claim form with the Clerk's Office. The claim form is available at the Clerk's Office. It must be filed in duplicate within three months from the date of the first publication of the notice of administration. There is no fee for filing a claim.