Miami-Dade County small estate affidavit: where to file, fee and local requirements
In Miami-Dade County, Florida, a small estate affidavit is filed with the county probate court. The state rule is the same everywhere in Florida: no dollar cap (expenses test), no waiting period, with or without a will. What the county controls is below.
| Filing office | Clerk of the Court and Comptroller, Probate Division, Dade County Courthouse, 73 W Flagler St, Miami |
|---|---|
| Fee | ≈ $231 filing fee |
| Local note | Clerk reviews; no hearing |
| State limit | no dollar cap (expenses test) — No dollar cap — the non-exempt property must not exceed the final expenses (funeral costs and medical bills from the last 60 days); without a will, up to $10,000 more, but only after one year with no probate |
| Waiting period | None |
| Form | Disposition of Personal Property Without Administration (§735.301) Fla. Stat. §735.301 · official source |
| Signing | Signed by the applicant; attach the certified death certificate, funeral and medical bills, proof of asset ownership and consents from the other heirs |
Check the estate against the Florida rule
Miami-Dade County · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
Miami-Dade County procedure
- Certified death certificates from Florida vital records or the county registrar — five or more.
- Inventory everything in the person's sole name; stop if the total is over no dollar cap (expenses test).
- Gather the paperwork — death certificate, asset list, and the will if there is one.
- Complete the Florida form — Signed by the applicant; attach the certified death certificate, funeral and medical bills, proof of asset ownership and consents from the other heirs.
- File at Clerk of the Court and Comptroller — ≈ $231 filing fee. Ask for three certified copies.
- Collect, pay debts, distribute — keep every receipt; the affiant is liable up to the amount collected.
What makes Florida different
Florida's shortcut is unusual: it isn't tested against a dollar limit but against what the estate owes for the funeral and the last 60 days of medical care. If the person left less than those bills, the clerk can release the money straight to whoever paid them.
Exempt property doesn't count: up to $20,000 of household furniture, two vehicles, tuition programs and the homestead all fall outside the test, which is why many modest Florida estates qualify even with a car and a house.
Common questions
Where do I file a small estate affidavit in Miami-Dade County?
Clerk of the Court and Comptroller, Probate Division, Dade County Courthouse, 73 W Flagler St, Miami. Fee: ≈ $231 filing fee.
How much does a small estate affidavit cost in Miami-Dade County?
≈ $231 filing fee. Court forms are free; certified death certificates are $10–$25 each; a notary is $10–$15 per signature.
What is the small estate limit for Miami-Dade County?
The limit is set by Florida law, not the county: no dollar cap (expenses test) — No dollar cap — the non-exempt property must not exceed the final expenses (funeral costs and medical bills from the last 60 days); without a will, up to $10,000 more, but only after one year with no probate.
Does Miami-Dade County have its own form?
Clerk reviews; no hearing.
Other Florida counties: Broward County · Hillsborough County · Orange County · Palm Beach County · Florida overview