Probate Attorneys' Corner

Probate Checklists

Please review the estate and guardianship checklists to learn what information is required to support specific petitions. Please confirm compliance with these checklists in advance of a hearing or submission of a proposed order. These checklists are general requirements and additional information may be required in certain instances. For checklists, click here.


Probate Forms

Approved estate and guardianship Smart Forms are posted here. As per this Court’s July 11, 2016 Administrative Memo, attorneys must utilize these forms in lieu of the proposed orders and petitions prepared by attorneys. Judges may refuse to sign orders that do not use the Smart Forms.

In Division 01 (Judge Jerald Bagley), all proposed orders and Smart Forms must be submitted to eCourtesy in Word format.


Tuesday and Thursday Ex Parte Hearing and Case Manager Review Procedures

Click here to request an Ex Parte Hearing appointment and learn about the procedures.


Wednesday Case Manager Review Procedures

Click here to request a case manager review appointment and learn about the procedures.


Mental Health Hearings

When: Tuesdays and Thursdays at 11:00 a.m. after the Ex Parte Calendar. If the calendar is full, the judge may provide other days and times.

How: Calendar is created when the Mental Health Clerk inputs docket entries. Mental Health files are not viewable through Odyssey Public Access. The Attorney of Record must go to the Mental Health Clerk’s Office to view any Mental Health case file.


Special Set Hearings

All petitions and motions must be electronically filed and served upon all parties prior to scheduling a special set hearing with the judge’s judicial assistant. Counsel for the moving party shall confer with counsel representing the opposing party(ies) and attach to the motion a statement certifying that he/she has conferred with counsel for the opposing party(ies) in a good faith effort to resolve by agreement the issues raised, and that counsel have been unable to agree.

Attorneys must confirm compliance with the Estate and Guardianship checklists posted on the Probate Attorney's Corner pertaining to the petition or motion set for hearing.

If introducing evidence into the record, attorneys may make arrangements with the Clerk to mark the evidence for identification purposes in advance of the hearing.

Specific Special Set Hearing Instructions for Division 01, Judge Jerald Bagley

Please submit petitions that are set for a special set hearing and the corresponding proposed orders through eCourtesy seven business days in advance of the hearing. The proposed orders must be in Word format. Before submitting to eCourtesy, please title the documents with the name of the petition and order using abbreviated text with no punctuation. For example:

  • Pet for Admin -- correct
  • Order for Disch -- correct
  • LOA -- correct
  • Pet for Distr -- correct
  • SCAN01042017555 -- incorrect

Please do not hand-deliver petitions, proposed orders, memoranda of law or case law related to a Division 01 special set hearing to the judge’s chambers. Instead, submit petitions, memoranda of law, proposed orders and case law through eCourtesy.

Specific Special Set Hearing Instructions for Division 05, Judge Maria Espinosa Dennis:

Prior to setting a special set hearing, please electronically file a Request for Hearing stating the amount of time requested. A Request for Hearing is attached here . After filing the Request for Hearing, contact Judge Espinosa Dennis’ Judicial Assistant between 2:00 p.m. and 4:00 p.m. to schedule the hearing.

Please hand-deliver all petitions, memoranda of law and case law related to a special set Hearing in Division 05 one week prior to the hearing date.


Expedited and Emergency Hearing Request

All emergency or expedited petitions and motions must be electronically filed and served upon all parties prior to consideration.

Attorneys must contact the assigned judge's or Emergency Judge's judicial assistant for instructions on setting an emergency or expedited hearing.


Petition for Rehearing and/or Reconsideration

Attorneys must electronically file the petition for rehearing and/or reconsideration. For Division 03 (Judge Maria Korvick), Division 04 (Judge Celeste Muir) and Division 05 (Judge Maria Espinosa Dennis), please deliver a courtesy copy of the petition to the judge’s chambers. For Division 01 (Judge Jerald Bagley), please submit the petition through eCourtesy.


Requests for a Hearing Scheduled for 30 Minutes or More

For Division 01, Division 03 and Division 04, attorneys must file written requests for hearings that are thirty minutes or more. In Division 01, the request must be submitted through eCourtesy. In Division 03 and Division 04, the requests may be submitted through eCourtesy or mailed to the Clerk’s Office and the judge’s judicial assistant.

Please note that for Division 05, a Request for Hearing must be filed for any hearing that does not take place during the Ex Parte Hearing Calendar. See Section on Special Set Hearings.


Paper File Request

Attorneys should only request paper files in the limited instances where case records relevant to a proceeding were filed prior to April 28, 2014 and are not viewable through Odyssey Public Access. To request a paper file, please fax the request to 305-349-7499 by 9:00 a.m. the day before the hearing or make an in-person request to the Probate Clerk at room 238 of the Miami-Dade County Courthouse at 73 West Flagler Street, Miami, Florida 33130.


Notices of Non-Jury Trial

For Division 03, Division 04 and Division 05, send the original Notice of Non-Jury Trial with a service list and self-addressed stamped envelopes to the judge’s chambers. For Division 01, submit the Notice of Non-Jury Trial through eCourtesy. Indicate how many days are needed to try the case. After the judge’s review, the judge may send an Order Setting Status Conference. The judicial assistant will serve a Uniform Order Setting Cause for Non-Jury Trial and a Uniform Order of Referral to Mediation to all counsel/parties of record. The Court’s assigned trial date and time will be listed on the order.


Motion to Transfer Case to Another Division

The motion to transfer the case to another Division should be sent to the Clerk’s Office, Probate Division, to the attention of the New Suits and Court Operations Supervisor, Nilda Diaz, Miami-Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33l30.


Documents that Require Paper Filing

The following documents must be physically filed with the Probate Clerk at Room 238 of the Miami-Dade County Courthouse at 73 West Flagler Street, Miami, Florida 33130:

  • Original Wills
  • Codicils
  • Commissions
  • Subpoenas
  • Defaults
  • Bonds
  • Authenticated copies and exemplified copies (have raised seals) from other jurisdictions
  • Original Death Certificate (please physically file within two working days of electronically filing the case and receiving a case number)
  • Original Birth Certificate (please paper file within two working dates of electronically filing the case and receiving a case number)
  • Original Birth Certificate (please physically file within two working dates of electronically filing the case and receiving a case number)

Electronic Filing

All documents not listed above must be electronically filed.

Attorneys must register with the Florida Courts e-Filing Portal here.

Click here. for the Florida Courts e-Filing Portal instruction manual.

Below is the Florida Courts e-Filing Portal video:


Proposed Orders and Probate eCourtesy

For Division 01, all proposed orders must be submitted through eCourtesy. For Division 03, Division 04 and Division 05, proposed orders must be submitted through eCourtesy (preferred method), mailed or hand-delivered to the Clerk’s Office, Miami-Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33l30.

Case managers review proposed orders chronologically according to the submission date.

Click here for eCourtesy for Probate


Electronic Access to Imaged Estate and Guardianship Files by the Attorney of Record

Attorneys must register for Odyssey Public Access to view estate and guardianship case files. Registration is available on the Clerk of Courts website under “Online Services.” Click here.


Status of Filed Pleadings

The case docket is available to view at www.miami-dadeclerk.com under "Public Records" or "Online Services." Probate attorneys of record can view imaged documents using Odyssey Public Access.


Probate Clerk Procedures

Click here for the Probate Clerk page.


Request for Transcription of Court Recorded CDs

Please file a Petition to Transcribe CD indicating the date of the hearing and a proposed order granting the transcription of the CD. Mail or hand deliver the original petition and proposed order, along with a copy of the original petition, with a stamped self-addressed envelope, to the Miami-Dade County Courthouse, Probate Clerk’s Office 73 West Flagler Street, Room 310, Miami, Florida 33130. The proposed order must contain the name, address, and telephone number of the Court Reporting Service or Court Reporter designated to receive and transcribe the CD. The Court Reporting Service or Court Reporter must report to the Probate Clerk’s Office, Miami-Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33130, with a copy of the signed order in order to receive the CD.


APS and Guardianship Matters Registry (Wheel)

Information on applying to be placed on the Guardianship Attorney Registry (wheel) can be found here.


Due Dates for the Annual Guardianship Plan and Accounting

Pursuant to section 744.367, Florida Statutes, a guardian must file an annual guardianship plan between September 1 and December 1, and an annual accounting on or before April 1. For example, the 2017 annual guardianship plan is due by December 1, 2016, while the 2016 annual accounting is due on April 1, 2017.


Probate Related Administrative Orders and Administrative Memos


Important Guardianship Filing Deadlines

Initial Inventory and Initial Plan

The initial guardianship inventory and the initial guardianship plan are due 60 days from the date the Letters of Guardianship are executed by the judge. § 744.362, Fla. Stat.

Annual Plan

The annual guardianship plan is forward-looking and must be filed between September 1 and December 1 of the prior year. For example, the 2017 annual guardianship plan is due by December 1, 2016. § 744.367, Fla. Stat.

Annual Accounting

The annual accounting is backwards-looking and must be filed on or before April 1. For example, the 2016 annual accounting is due on April 1, 2017. § 744.367, Fla. Stat.


Submitting Proposed Guardian’s Background Search Records to the Miami-Dade Clerk of Courts

To submit a proposed guardian’s criminal background search records to the Miami-Dade Clerk of Courts, proposed guardians must provide the fingerprinting agency with the Clerk of Courts’ Originating Agency Identification (“ORI”) Number, FL013124Z