Probate Attorneys' Corner

E-Filing and Physically Filing Documents with the Miami-Dade Clerk of Courts

Attorneys must e-file all documents, except for the documents listed below, through the Florida Courts E-Filing Portal. Attorneys can register with the Florida Courts e-Filing Portal below.

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

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

Proposed Orders and Probate eCourtesy

All proposed orders along with their corresponding petitions must be submitted to eCourtesy for the judge to sign.


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 Form proposed orders 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. All proposed orders must be submitted in Word.


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 confidential and 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 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.

If introducing evidence into the record, attorneys may contact the judge's clerk to mark the evidence for identification purposes in advance of the hearing.

Setting A Special Set Hearing

In Judicial Sections 01 (Judge Bagley), 03 (Judge Korvick) and 04 (Judge Muir) -- contact the judicial assistant to schedule a Special Set Hearing.

In Judicial Section 05 (Judge Colodny) – submit a Request for Hearing to eCourtesy, selecting the Special Sets Folder. The Request for Hearing is attached here. After submitting the Request for Hearing, the judicial assistant will contact you.

Procedures to Follow Prior to a Special Set Hearing

Submit Notices of Hearing, petitions and proposed orders to eCourtesy, selecting the Special Sets Folder for the judge to review seven calendar days in advance of the hearing or at the judicial assistant’s direction. The proposed order must be in Word.

In Judicial Section 01 (Judge Bagley), please do not hand-deliver petitions, proposed orders, memoranda of law or case law related to a special set hearing to the judge’s chambers. Instead, please submit the documents to eCourtesy, selecting the Special Sets Folder. The proposed order must be in Word.

Procedures to Follow After a Special Set Hearing

If the order was not signed at the Special Set Hearing, submit the petition and proposed order from the hearing along with a cover letter explaining the date and time of the hearing. The proposed order must be in Word.


Expedited and Emergency Hearing Request

First, all emergency or expedited petitions and motions must be e-filed and served upon all parties prior to consideration.

Then, attorneys must submit the petitions to be considered on an emergency basis by the assigned judge along with a proposed order to eCourtesy, selecting the Emergency Petitions Folder. The judicial assistant will contact the attorney within 48 hours. Any petition not deemed an emergency by the judge will be deleted.

For petitions to be considered on an emergency basis by the Emergency Judge, please contact the Emergency Judge's judicial assistant for instructions on setting an emergency or expedited hearing.


Petitions for Rehearing and/or Reconsideration

First, attorneys must e-file the petition for rehearing and/or reconsideration through the Florida Courts E-Filing Portal.

Then, attorneys must submit the petition for rehearing and/or reconsideration along with a proposed order to eCourtesy, selecting the Ex Parte No CM Review Folder.


Requests for a Hearing Scheduled for 30 Minutes or More

First, attorneys must e-file written requests for hearings that are thirty minutes or more through the Florida Courts E-Filing Portal.

Then, attorneys must submit the Request for Hearing for Thirty Minutes or More to eCourtesy, selecting the Special Sets Folder.


Physical File Requests

Attorneys only need to request physical files for hearings that involve court documents filed before April 28, 2014 that are not viewable through Odyssey Public Access. To request a physical 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

Submit Notices of Non-Jury Trial to eCourtesy, selecting the Notices for Trial Folder. In the notice, 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.


Motions 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.


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 to visit the Clerk of Courts website.


Probate Clerk Procedures

Click here for the Probate Clerk page.


Requests for Transcription of Court Recorded CDs

Attorneys must e-file a Petition to Release and Transcribe CD. The petition must include the date of the hearing and the name, address, and telephone number of the Court Reporting Service designated to receive and transcribe the CD.

Attorneys must submit the Petition to Release and Transcribe CD along with a proposed order to eCourtesy, selecting the Ex Parte No CM Review Folder. The proposed order must contain the name, address, and telephone number of the Court Reporting Service designated to receive and transcribe the CD.

After the Order to Release and Transcribe CD has been signed, the Court Reporting Service must bring the order to the Probate Clerk’s Office located at the Miami-Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33130 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.


Important Guardianship Filing Due Dates

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

Proposed guardians must submit their criminal background search records, also known as Florida Department of Law Enforcement (“FDLE”) results, to the Miami-Dade Clerk of Courts.

To do this, proposed guardians must provide the fingerprinting agency with the Clerk of Courts’ Originating Agency Identification (“ORI”) Number, FL013124Z.

Any FDLE results submitted to the Clerk of Courts before a case number is issued will not be docketed to the case file. If the FDLE results are submitted before a case number is issued, the proposed guardian’s attorney has the obligation to contact the Probate Clerk of Courts Supervisor, Nilda Diaz, at 305-349-7490 once the case number has been issued.


No Case Manager Review Required List

Attorneys must submit these petitions and proposed orders to eCourtesy, selecting the Ex Parte No CM Review Folder.

  • Petition for extensions of time
  • Order on previously heard hearings
  • Petition to waive restricted depository for guardianships when the only asset is social security income
  • Petition to pay real estate taxes or income taxes
  • Petition to pay accountant fees under $3,500.00
  • Petition to pay insurance
  • Petition for instructions that can be handled in less than five minutes
  • Petition to appear for hearing via telephone
  • Petition for pro bono fees
  • Petition to extend time to file independent action
  • Petition for pre-paid funeral
  • Petition for pre-paid college
  • Petition to retain appraiser
  • Petition to pay school tuition for a minor
  • Petition for order designating depository (If Letters of Administration and Order Appointing Personal Representative have been entered)
  • Petition to authorize travel for a ward
  • Petition to pay medical bills, dental bills or assisted living facility/nursing home bills
  • Petition to freeze non-joint assets (when filed as an emergency)
  • Petition to pay condominium maintenance fees
  • Petition to pay mortgage
  • Petition to appoint an ad litem
  • Petition to pay Ward’s expenses
  • Petition to pay attorneys’ and guardians’ fees

Attorneys may appear for the Ex Parte Calendar for all but two of the petitions included on this list on a walk-in basis without registering for an Ex Parte Hearing. The judges will not hear Petitions to Pay Ward’s Expenses or Petitions to Pay Attorneys’ and Guardians’ Fees on a walk-in basis during the Ex Parte Calendar.


Probate Related Administrative Orders and Administrative Memos