Probate/Mental Health/Guardianship

What are the filing fees for Probate Court?

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.

What are the laws surrounding mental illness?

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

I. Baker Act/Ex-parte

The involuntary treatment of anyone who is mentally ill and is unable to understand their need for stabilization and/or treatment. Any person, who has witnessed the actions 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. This petition is then presented to a judge for review. If the said person meets the criteria, an order is signed and the said person is taken to the hospital by the Broward Sheriff's Office for an evaluation and/or treatment. There is no filing fee giving Henderson Mental Health Clinic's Mobile Crisis Unit the authority to make an assessment of the said person and to determine if further examination is needed. If further examination is needed, they will transport said person to the nearest Baker Act Receiving Facility.

II. Marchment Act

The involuntary treatment of anyone who is chemically or alcohol addicted. Any one family member or three non-family members may file a petition for treatment of a said individual. The family or friends must make arrangements with a treatment facility prior to coming to our office to complete a sworn petition stating the actions of this said person and requesting a hearing. There is no filing fee.

III. Incapacity Proceeding

Usually for the sole purpose of guardianship. By Florida law, this procedure requires an attorney.

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 guardianship, however. 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. The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.

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

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. There is no fee to deposit a will with the Clerk of Court.

How to Obtain Copies of Probate or Guardianship Case Information?

To review probate files for years prior to 1995, active or inactive, they may be ordered at (954) 831-7150. It takes from three to five days to transfer these files from storage to the Central Courthouse, located 201 SE 6th Street, Fort Lauderdale, Florida, room 252. Upon receipt of the file requested, you will be notified by telephone that your file is available for review at the Central Courthouse. For probate and guardianship case file docket information, call (954) 712-7899.

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.

What are the Probate Party Type Code Descriptions?

Party Type identifies the role a person plays in a particular court case. The party types are found in the drop-down menu.

Listed below are some of the most frequently used Probate Party Type Code Descriptions.