Brevard County estate plans usually combine a will, a revocable living trust, a durable power of attorney, a health care surrogate and a living will. Probate for a Brevard resident is filed with the Brevard County Clerk of the Court and heard in the Eighteenth Judicial Circuit, which also serves Seminole County. Clients meet us in Indian Harbour Beach.
Brevard County stretches along the Atlantic from Palm Bay in the south to Titusville in the north, and families here plan for very different futures. Some are raising children and want guardians named. Some have moved to the coast to enjoy retirement and need documents that work under Florida law. Others are adult children helping a parent get organized. Estate planning and probate are the main focus of our Brevard office, so these are the conversations this office is set up for.
Communities we serve in Brevard County
- Melbourne
- Palm Bay
- Satellite Beach
- Indian Harbour Beach
- Cocoa Beach
- Viera
- Rockledge
- Titusville
Planning for incapacity, not only for death
People often think of estate planning as deciding who inherits. Just as important is deciding who can act for you while you are alive but unable to manage things yourself. Without the right documents, your family may have to ask a court for authority. A Brevard plan usually addresses both:
- Durable power of attorney. Florida powers of attorney signed after October 1, 2011 are effective when signed, because new springing powers are not allowed. That makes it important to choose an agent you trust fully.
- Health care surrogate. Names the person who can make medical decisions and talk with your doctors if you cannot.
- Living will. States your wishes about life prolonging treatment. Like the surrogate designation, it is signed before two adult witnesses, at least one of whom is not your spouse or a blood relative.
Passing on what you own
For what happens after death, most Brevard families consider:
- A will that names your beneficiaries, your personal representative and a guardian for minor children.
- A revocable living trust so assets titled in the trust pass without probate, paired with a pour over will for anything left outside it.
- Homestead planning for your primary residence, which Florida protects from most creditors but also restricts how it can be left by will when you are survived by a spouse or minor child.
Brevard homeowners also deal with the Brevard County Property Appraiser, which handles the homestead property tax exemption. Under section 196.011, Florida Statutes, the application is due on or before March 1 of the tax year, and when a home is held in a trust the Property Appraiser's filing instructions ask for a copy of the trust agreement. If your plan moves your home into a trust, we make sure that step is not overlooked.
Probate in Brevard County
When a Brevard County resident dies, probate is generally filed with the Brevard County Clerk of the Court's Probate department and heard in the Eighteenth Judicial Circuit, which serves Brevard and Seminole counties. A personal representative in Florida generally must be represented by a Florida attorney, except in limited cases. We help you understand whether summary administration may be available, which is generally the case when the non exempt estate is $150,000 or less (raised from $75,000 by chapter 2026-57, effective July 1, 2026) or the person died more than two years ago, or whether formal administration is needed.
Formal administration includes publishing a notice to creditors. From first publication, creditors generally have three months to file claims. Our probate administration page explains the process in more detail.
Choosing the people in your plan
The documents matter, but so do the people you name in them. A Brevard plan may ask you to choose:
- A personal representative to settle your estate through probate.
- A successor trustee to manage your trust if you cannot, and after your death.
- An agent under your durable power of attorney for financial matters.
- A health care surrogate for medical decisions.
- A guardian for minor children.
These can be the same person or different people. Think about who is organized, who you trust completely, and who will be available when needed. If your children live out of state, we can talk through how that affects who you name. Naming backups for each role is wise, so the plan still works if your first choice cannot serve.
If there is no will
When someone dies without a valid will, Florida's intestate succession statutes decide who inherits. The result may be very different from what the person intended, particularly in blended families. For Brevard intestate estates, the Eighteenth Circuit's probate page provides an Affidavit of Heirs form, one more step for a family to work through. A simple, properly signed will is often enough to prevent that.
Meet with us in Indian Harbour Beach
Brevard clients can meet in person at our Indian Harbour Beach office at 1790 Jimmy Buffett Memorial Hwy, Suite 209, central to Melbourne, Satellite Beach and the beaches. Your first consultation is free, and you work directly with an attorney. Bring any documents you already have, and we will explain your options in plain language before you decide anything.
