Harvey Ruvin - Clerk of the Courts - Miami-Dade County, Florida

Wills and Probate

Filing the Will
Once your loved one has passed, the custodian of the Will must deposit the Will with the Clerk of the Court in the county and state where the deceased had domicile. This must be done within 10 days after being informed that the person has died.

Filing a Small Estates Petition
A small estates claim can be filed in person or by mail. For more information see Filing a Small Estates Petition.

Avoiding Probate
In order to preserve your assets and have them distributed as you desire, you must see your attorney and advise him or her of your financial situation. The venue of Probate of all Wills and granting of Letters shall be in the county in this state where the decedent had his domicile.

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. This is known as escheat.

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.

How to release money in a bank account belonging to a deceased spouse?
For more information see Filing a Small Estates Petition.