Melbourne Probate Attorney

Brevard County runs about 70 miles along the coast, and a probate estate here can involve a condo on the beach side, a house in Palm Bay and accounts held up north. Because our office is in Indian Harbour Beach, many of the estates we see are local. This page is written for the person who has just been named personal representative, or the family member trying to understand what happens next, and it focuses on how the Brevard Clerk and the Eighteenth Circuit handle an estate.

Communities we serve in Brevard County

• Melbourne and West Melbourne
• Palm Bay
• Indian Harbour Beach, Satellite Beach and Melbourne Beach
• Cocoa, Cocoa Beach and Merritt Island
• Viera and Rockledge
• Titusville

Who handles a Brevard estate

The Eighteenth Judicial Circuit serves Brevard and Seminole counties (section 26.021, Florida Statutes). A Brevard resident's estate is filed with the Brevard County Clerk of Court's Probate department, which can be reached at Probate@brevardclerk.us. Brevard court administration is at the Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, and the circuit also has courthouses in Melbourne and Titusville. The Clerk's office does not schedule probate hearings; those are arranged with the presiding judge.

When you file a probate petition in Brevard, the Clerk asks you to include the proposed order and at least one self addressed stamped envelope.

The will and the Clerk's safekeeping records

Under section 732.901, whoever holds the original will must deposit it with the Clerk within 10 days after learning of the death. If you think the person may have left a will with the court for safekeeping years ago, the Brevard Clerk keeps searchable records of wills held for safekeeping, split into those from 1987 to 1997 and those from 1998 forward. It is worth checking before you assume no will exists.

Summary or formal administration

The Brevard Clerk's probate page and the circuit's Summary Administration Checklist both use the current $150,000 limit set by chapter 2026-57, effective July 1, 2026. Summary administration is also available when the person died at least two years before filing. The Clerk points out that a homesteaded house counts as zero toward the limit, and that summary administration forms are available from the Law Library at the Viera courthouse. Formal administration, which is needed when a personal representative must be appointed, requires an attorney.

For the smallest estates, the Clerk handles a disposition of personal property without administration under section 735.301. It cannot be used when real estate is involved. The Clerk asks you to bring:

• The original will, if one exists, and a death certificate.
• The funeral home statement showing who paid the bill.
• Signed and notarized consents from all heirs.
• Statements or other records for the bank accounts, stock, insurance checks or other assets to be released.

Probate Division staff then help complete the petition and present it to the probate judge. If it is approved, the court enters an Order for Payment of Funds, and the institution holding the asset usually wants a certified copy.

What the Eighteenth Circuit checks

The circuit's Formal Probate Administration Checklist walks through the petition item by item, with the statute and rule for each. A few points tend to catch families off guard:

1. Venue. The petition must show why Brevard is the right county.
2. Priority to serve. It must say whether anyone has equal or higher priority to be personal representative, and whether they will get formal notice.
3. Affidavit of heirs. The court requires one in every estate without a will, and the circuit posts a Brevard only form.
4. Oath and resident agent. The personal representative files an oath and a designation and acceptance of a resident agent.
5. Waivers and notice. Waivers of priority, consents and waivers of bond are attached, and notice of the petition is given.

Creditors, the house and closing

After letters are issued, the notice to creditors is published in a Brevard newspaper and served on known creditors, who generally have three months from first publication to file claims. If the home was a homestead, the court is usually asked to determine that status so the title passes cleanly to the heirs. A condo or second home that is not homestead can be sold during the estate if the will grants a power of sale or the court approves the sale. Once claims are resolved, the personal representative files a final accounting, unless the beneficiaries waive it, and a petition for discharge.

Brevard families who planned ahead with a revocable living trust often avoid most of these steps, which is one reason we talk about planning with the next generation once an estate is closed.

How we work with Brevard County clients

Brevard clients meet with an attorney in person at our Indian Harbour Beach office at 1790 Jimmy Buffett Memorial Hwy, Suite 209, or by phone or video. Your first consultation is free. We prepare the petition against the circuit's checklists, file with the Brevard Clerk, publish the creditor notice and stay with the estate through discharge. Because the firm limits its caseload, you work directly with an attorney. For your own documents, see our Brevard County estate planning page; for a parent who needs care planning, see Brevard County elder law; and for a sale or deed after the estate, see Brevard County real estate. The statewide steps are on our Florida probate administration page. Contact us to begin.