Hialeah Living Trust: Miami-Dade Probate Court and Deed Recording

By Rozsa Gyene, California estate planning attorney, State Bar of California #208356. Published September 28, 2026. Last reviewed September 28, 2026.

Which county this page covers

This page covers Miami-Dade County; the clerk's own list of locations places the Hialeah District Court within its county system. Florida Statutes section 733.101 puts probate in the county where the person was domiciled, and deeds are recorded where the land is, so a Hialeah address in a neighboring county would use that county's clerk. Miami, with the same clerk, has its own page.

The Hialeah District Court

The clerk's Locations page lists six full service district court locations, among them the Hialeah District Court, 11 E. 6th Street, Hialeah, Florida 33010. It describes the district locations as providing services such as marriage licenses, civil and traffic cases, county and criminal matters and parking violations, and names the Hialeah court among those that also handle domestic violence filings and hearings. The page does not list probate or deed recording among the district court services; those are covered by the clerk's probate and Official Records pages.

Probate for a Hialeah resident

The clerk's Probate Court page describes what its probate office does directly: it takes wills on deposit, small estates petitions and caveats. Whoever holds the will must deposit it with the clerk within 10 days after learning of the death (Florida Statutes section 732.901), and the page repeats that probate and letters must be in the county where the deceased lived. The clerk's small estates petition, for a Miami-Dade resident whose assets are $6,000 or less and do not exceed the funeral bill, is described on the Miami page; the full and summary procedures are in the Florida probate process guide.

Recording a deed

The Miami-Dade clerk is the county recorder under chapter 28 of the Florida Statutes, and its Official Records page sets three ways to record: in person at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, Florida 33128, bringing the original, the fees and a self addressed stamped envelope; by mail to the Office of County Recorder, 20 NW 1st Avenue, Suite 5.246, Miami, Florida 33128; or by eRecording through an approved vendor, which the clerk says may take 1 to 3 business days.

The clerk states that it cannot guarantee same day recording and recommends recording time sensitive documents in person. Fees, mortgage taxes and real estate transfer taxes are collected when the document is recorded.

What this means for a Hialeah homeowner

A home titled in your own name becomes part of the estate that a Miami-Dade probate case administers. A home already deeded to the trustee of your living trust passes under the trust, subject to Florida's homestead rules for a surviving spouse or minor child in the spouse's rights guide. The trust deed is recorded once, with the county recorder, while the owner is alive.