Probate/Mental Health/Guardianships

What are the filing fees for Probate Court?

Click here to view Probate Fee Schedule.

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How do I file a statement of claim?

A statement of claim is a procedure to establish a liability of a decedent. A statement of claim has to be filed in duplicate and must have an original signature. There is no fee for this proceeding.

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What are the Mental Health Proceedings?

Mental Health cases are not public information and therefore are not provided on this website or on the phone system. The laws surrounding mental illness are outlined below:

Baker Act/Ex-parte is for anyone who is mentally ill and is unable to understand their need for stabilization and/or treatment. Anyone who has witnessed action of the said individual and feels that he's a threat to himself or someone else may come to our office and complete a sworn affidavit stating the said person's actions.

Marchman Act is for anyone who has a chemical or alcohol addiction. Any one family member or three non-family members may file a Petition for Assessment or Treatment of said individual and should come to our office in person to complete the petitions.

Incapacity Proceeding is for anyone who is an adult that became incapacitated after birth. By Florida Law, this procedure requires an attorney.

Guardian Advocate (Developmentally Disabled) Proceeding is for anyone who is an adult and the said person has a developmental disability from birth. This process can be done with or without an attorney.

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What is a Guardianship?

A guardianship is generally defined as the relationship between the guardian and a ward. The guardian is the person or entity charged with the duty to take care and manage the property and rights of another person, the ward, who is considered incapable of managing their own affairs. There are several kinds of guardianships. A person wishing to be appointed guardian must employ an attorney admitted to practice in Florida. The attorney will prepare and file the necessary papers requesting the Court to appoint a guardian of the ward. Exceptions for legal assistance may apply for Guardian Advocates.

All prospective guardians are required to undergo a criminal/credit investigation.

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What is a Will for Safe Keeping?

The custodian of a will must deposit the will with the Clerk's Office in the county where the decedent resided within ten days after receiving information of the death of the maker of the will. The custodian must supply the testator's date of death or social security number to the Clerk upon request. The custodian must first efile the Will using the My Florida Court Access website www.myflcourtaccess.com. After receiving an acceptance confirmation, the original Will must be mailed to the Clerk's Office. There is no fee to deposit a Will with the Clerk of Court.

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How to Obtain Copies of Probate or Guardianship Case Information?

Click here, for information on how to order probate records from the Archives Division for years 1915 through 1980.

Click here to register to view Online probate and guardianship case file docket information. There is no fee to register for this service.

For all other probate records, call (954) 831-7154.

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What is a caveat?

A caveat is a written notice filed with the Clerk by a creditor or an interested person to prevent either probate of a will or administration of an estate without notice. If the filer is an attorney the documents should be filed using My Florida Access website www.myflcourtaccess.com or if the filer is a pro-se person the documents should be brought to the Clerk's Office. The fee for a caveat is $42.00

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For information on Hearings.

The issuance of a Show Cause Hearing Order before the General Magistrate is not the responsibility of the Clerk of Court to determine the necessity of the hearing. Please refer any questions to the General Magistrate’s office.

For other types of hearings before the Judiciary, please refer to the Clerk’s website www.browardclerk.org. The Notice of Hearing and/or the Show Cause Hearing Order will be noted on the progress docket. Click here to register to view Online case file docket information. There is no fee to register for this service.

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For information on eFiling.

Please refer to 'efiling' under Frequently Asked Questions on the Clerk's website. If your document(s) were returned to the Pending Queue and the reason is not clear, please send an email to eFiling@browardclerk.org.

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