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Brevard County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Eighteenth Judicial Circuit, Brevard County (probate and guardianship division); probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court & Comptroller (Rachel M. Sadoff), Probate and Guardianship |
| Courthouse | Probate and guardianship hearings: Historic Titusville Courthouse, 506 South Palm Avenue, Titusville, FL 32796. The Clerk also operates offices at the Moore Justice Center in Viera and in Titusville, Melbourne, Merritt Island, and Palm Bay |
| Mailing address | Court filings and filing fees: Clerk of the Circuit Court, P.O. Box 219, Titusville, FL 32781-0219; overnight deliveries: 700 South Park Avenue, Building B, Titusville, FL 32780-4015 |
| Phone | (321) 637-5413 (Probate and Guardianship) |
| Fax | (321) 617-7245 |
| [email protected] (general probate inquiries also at [email protected]) | |
| Office hours | Monday to Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays; the Merritt Island and Palm Bay branch offices close from 11:30 a.m. to 1:30 p.m. |
| Filing fee | Set by statute under F.S. 28.2401 (statutory base: formal administration $395; summary administration $340 for estates of $1,000 or more; plus a $4 additional charge). The Brevard Clerk's posted totals are $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 under $1,000, and $231 for disposition without administration (Schedule of Fees Reference Chart, verified July 2026) |
| Local probate forms | The Clerk publishes a Disposition of Personal Property without Administration form set and related probate forms; Florida publishes no statewide self-help probate form set, and formal and summary administration petitions are prepared under the Florida Probate Rules, in most cases by an attorney |
| E-filing | Florida Courts E-Filing Portal (myflcourtaccess.com), mandatory for attorneys and optional for self-represented filers, who may also file on paper at the Clerk |
| Case search | Brevard Electronic Court Application (BECA) General Public Court Records Search at vmatrix1.brevardclerk.us/beca/beca_splash.cfm; some records are viewable only with a registered BECA account, set up through the Clerk's BECA User Agreement |
| Remote appearance | The probate and guardianship division uses Microsoft Teams; request a remote appearance by motion at least 5 business days before the hearing. Trials and evidentiary hearings of 30 minutes or more are in person unless the court permits otherwise |
| Website | https://www.brevardclerk.us/probate |
Before you begin — know the assets and liabilities
The most common Brevard misstep is filing before you know what the estate holds and which administration path fits. Florida has three routes: formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), and disposition of personal property without administration (F.S. 735.301). Which one applies depends on the value and type of the assets, whether the decedent left Florida real property, and how long ago the death occurred; the thresholds are statewide and are covered on the Florida state page. Homestead real property often passes outside the probate estate, so a Space Coast home can transfer to the family while the estate subject to administration stays small.
Before you file, identify every bank and credit-union account, brokerage and retirement account, life-insurance policy, vehicle, business interest, and parcel of Brevard County real estate, along with every debt, and identify each heir and beneficiary by name. Only then can you pick the right path, calculate the correct filing fee, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Eighteenth Judicial Circuit serves Brevard and Seminole counties; a Brevard estate is administered in Brevard. Within the county the court covers Titusville (the county seat), Melbourne, Palm Bay, Cocoa, Rockledge, Merritt Island, Cocoa Beach, Satellite Beach, and the Viera area. Every Brevard probate is filed with the Clerk of the Circuit Court & Comptroller, and the circuit's probate and guardianship division holds its hearings at the Historic Titusville Courthouse, 506 South Palm Avenue in Titusville. The Clerk operates offices at the Moore Justice Center in Viera and in Titusville, Melbourne, Merritt Island, and Palm Bay; the A. Max Brewer Memorial Law Library at the Moore Justice Center stocks the summary administration forms.
Venue for a decedent's estate is governed by F.S. 733.101. Administration is proper first in the county where the decedent was domiciled at death; if the decedent had no Florida domicile, in any county where the decedent owned property; and otherwise in the county where a debtor of the decedent resides. In practice, the estate of a Brevard County resident, or one holding Brevard real property, is filed here, with hearings before the probate and guardianship division in Titusville.
The jurisdiction process
- Confirm venue and choose the path. Brevard is the right court when the decedent was domiciled here at death or owned Brevard property (F.S. 733.101). Decide, based on the assets and the time since death, whether the estate needs formal administration (F.S. Chapter 733), qualifies for summary administration (F.S. 735.201), or fits disposition of personal property without administration (F.S. 735.301); the statewide thresholds are on the Florida state page.
- Confirm whether an attorney is required. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Most Brevard formal and summary administrations therefore involve counsel; disposition without administration and sole-interested-person matters can proceed without a lawyer.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the beneficiaries and other interested persons. Florida's estate representative is the personal representative in every case, whether or not there is a will (F.S. 731.201).
- Prepare the petition and the proposed orders. Brevard's probate page instructs filers to include the proposed order or orders with any probate petition and to enclose at least one self-addressed stamped envelope. Petitions for formal and summary administration are prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530); the Clerk publishes a Disposition of Personal Property without Administration form set and related probate forms, but no statewide self-help packet exists.
- File with the Clerk of the Circuit Court & Comptroller. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com), which is mandatory for them; a self-represented filer may e-file, file on paper at a Clerk office, or mail court filings to P.O. Box 219, Titusville, FL 32781-0219 (overnight deliveries go to 700 South Park Avenue, Building B, Titusville). The original will is deposited on paper: the custodian must deposit it with the Clerk within 10 days of learning of the death (F.S. 732.901).
- Pay the filing fee for the path. F.S. 28.2401 sets the statutory base ($395 formal administration; $340 summary administration of an estate of $1,000 or more; plus a $4 additional charge), and the Brevard Clerk's posted totals are $400 for formal administration, $345 for summary administration of $1,000 or more, $235 under $1,000, and $231 for disposition without administration (Schedule of Fees Reference Chart, verified July 2026).
- Give notice. In a formal administration, serve the notice of administration on interested persons and publish and serve the notice to creditors. A creditor must file its claim by the later of 3 months after first publication or 30 days after being served (F.S. 733.702), and F.S. 733.710 bars all claims 2 years after death.
- Attend any hearing. The Clerk does not schedule hearings; hearings are set through the probate judge's judicial assistant under the division's published procedures. The division sits at the Historic Titusville Courthouse and uses Microsoft Teams for remote appearances: request a remote appearance by motion at least 5 business days before the hearing, exchange evidence and deliver hearing materials at least 10 days ahead, and expect trials and evidentiary hearings of 30 minutes or more to be in person unless the court permits otherwise.
- Receive authority. In a formal administration the court appoints the personal representative and the Clerk issues Letters of Administration, the representative's proof of authority for banks and title companies, in every case, whether or not there is a will. In a summary administration the court enters an order distributing the assets and no personal representative is appointed.
- Administer and close. File the inventory, resolve creditor claims, obtain court authority where required to sell Brevard real property, account to the interested persons, distribute, and close the estate.
Forms and documents
Probate forms in Brevard County
Florida publishes no statewide self-help probate form set; formal and summary administration filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Florida Courts Help states that it does not provide probate forms. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, most Brevard estates do not self-file a form packet; the attorney prepares and e-files the petitions through the Florida Courts E-Filing Portal.
Brevard does publish a local layer of probate forms on the Clerk's site at brevardclerk.us/probate-forms: a Disposition of Personal Property without Administration form set, a general Motion and Order, a Statement of Claim for creditors, the non-attorney e-mail designation and change-of-address forms that self-represented parties must file, and a separate Guardianship Handbook and Forms. The Clerk also posts the Probate and Guardianship administrative orders that govern local practice.
When filing any probate petition, include the proposed order or orders and at least one self-addressed stamped envelope, as the Clerk's probate page directs. The Clerk's role is ministerial and the office cannot give legal advice or help complete the forms; a self-represented filer can obtain the summary administration forms from the A. Max Brewer Memorial Law Library at the Moore Justice Center in Viera, reachable at (321) 617-7295.
Fees
Florida sets the Clerk's base probate service charges by statute (F.S. 28.2401): formal administration $395, summary administration $340 for an estate of $1,000 or more, and disposition of personal property without administration $230, plus a $4 additional service charge on administration petitions. On top of that statutory base, counties add further mandatory statutory charges, so the Clerk's published total is higher than the bare base and is set county by county. The Brevard Clerk's own posted totals, from the Schedule of Fees Reference Chart on the Clerk's Fees and Charges page, are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also guardianship of property, curatorship, or conservatorship) | $400.00 | Clerk's Schedule of Fees Reference Chart; F.S. 28.2401(1)(g) |
| Summary administration, estate value $1,000 or more | $345.00 | Clerk's Schedule of Fees Reference Chart; F.S. 28.2401(1)(e) |
| Summary administration, estate value under $1,000 | $235.00 | Clerk's Schedule of Fees Reference Chart; F.S. 28.2401(1)(f) |
| Disposition of personal property without administration | $231.00 | Clerk's Schedule of Fees Reference Chart; F.S. 28.2401(1)(d) |
| Caveat or notice of trust | $41.00 | Clerk's Schedule of Fees Reference Chart; F.S. 28.2401(1)(b) |
Depositing a will for safekeeping carries no charge. The Clerk's Disposition of Personal Property without Administration form set states the $231.00 fee and accepts cash, check, cashier's check, money order, or major credit cards. Certified copies, exemplified certificates, recording, and records-search fees are charged separately; confirm the current totals on the Clerk's Schedule of Fees and Charges at brevardclerk.us before filing.
Local nuance
Brevard County-specific considerations
Probate hearings are in Titusville; filings go through the Clerk. The Eighteenth Circuit's judicial directory and the probate and guardianship division's published procedures place the division at the Historic Titusville Courthouse, 506 South Palm Avenue in the county seat (verified July 2026); older sources place Brevard probate at the Moore Justice Center in Viera. Filings themselves move through the statewide e-filing portal or the Clerk: court filings by mail go to P.O. Box 219, Titusville, FL 32781-0219, and overnight deliveries to 700 South Park Avenue, Building B, Titusville.
Include proposed orders and a stamped envelope. The Clerk's probate page instructs filers to include the proposed order or orders with any probate petition and to enclose at least one self-addressed stamped envelope. The Clerk's role is ministerial: the office cannot give legal advice, help complete forms, or schedule hearings.
Local probate forms exist, but no full self-help packet. The Clerk publishes a Disposition of Personal Property without Administration form set, a Statement of Claim, general Motion and Order forms, and the non-attorney e-mail designation forms at brevardclerk.us/probate-forms. Summary administration forms come from the A. Max Brewer Memorial Law Library at the Moore Justice Center. Florida still publishes no statewide self-help probate form set, and formal and summary administration petitions are prepared under the Florida Probate Rules, in most cases by an attorney.
Case search runs through BECA, not the records search. Brevard court cases, including probate, are searched through the Brevard Electronic Court Application (BECA) General Public Court Records Search at vmatrix1.brevardclerk.us/beca/beca_splash.cfm, which operates under Florida Supreme Court Administrative Order 2014-19. Some records are viewable only with a registered BECA account, set up by filing the Clerk's BECA User Agreement. The AcclaimWeb search on the same site covers recorded Official Records, not court dockets, and the Clerk's Official Records View is a separate paid subscription for restricted official-records images.
Remote hearings are on Microsoft Teams. The probate and guardianship division maintains a hybrid virtual courtroom under Fla. R. Gen. Prac. & Jud. Admin. 2.530 and uses Microsoft Teams rather than Zoom. A remote appearance must be requested by motion at least 5 business days before the hearing, evidence is exchanged and delivered to the court at least 10 days ahead, and trials and evidentiary hearings scheduled for 30 minutes or more are held in person unless the court permits otherwise (division procedures, verified July 2026).
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Brevard County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Brevard home held by the spouses as tenants by the entirety, or as homestead, generally passes to the surviving spouse outside the probate estate; the survivor records the death certificate and, where needed, files a petition to determine homestead status with the probate division. Accounts and property in the decedent's sole name may still need summary or formal administration, which under Fla. Prob. R. 5.030 usually requires a Florida attorney unless the spouse is the sole interested person. | Asset discovery to separate what passed outside probate from what did not. Packet generation for the petition. A vetted Brevard probate attorney where the rule requires counsel. |
| Out-of-state adult child, small estate | If the parent was domiciled in Brevard and the estate is small enough, or the death was more than 2 years ago, the estate may qualify for summary administration (F.S. 735.201); if it holds only exempt and limited personal property and no real estate, disposition of personal property without administration (F.S. 735.301) may apply. An attorney typically e-files through the portal, and a remote appearance on Microsoft Teams can be requested by motion, so the child can often avoid traveling to Titusville. | Asset discovery to confirm the estate fits the shorter path. Packet generation for the petition. Attorney referral where Fla. Prob. R. 5.030 requires counsel. |
| Parent settling a predeceased child's estate, home must be sold | Formal administration in the Eighteenth Judicial Circuit. Because there is no will, the parent's attorney petitions for appointment as personal representative and the Clerk issues Letters of Administration; the personal representative then obtains court authority where required to sell the Brevard home before the deed can transfer. Fla. Prob. R. 5.030 requires a Florida attorney unless the parent is the sole interested person. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and sale papers. A vetted Brevard probate attorney to run the formal administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Brevard County Clerk of the Circuit Court, Probate (brevardclerk.us/probate) | The Clerk's probate page: filing instructions, local forms, the Disposition of Personal Property form set, contact numbers, and the Schedule of Fees and Charges |
| A. Max Brewer Memorial Law Library, Moore Justice Center, Viera, (321) 617-7295 | Public law library; the Clerk's probate page directs self-represented filers here for the summary administration forms |
| Eighteenth Judicial Circuit of Florida (flcourts18.org) | Court administration for Brevard County, the judicial directory, courthouse locations, and each division's published practices and procedures |
| Brevard Electronic Court Application, General Public Court Records Search (vmatrix1.brevardclerk.us/beca/beca_splash.cfm) | Free public case search covering court dockets; some records require a registered BECA account, set up through the Clerk's BECA User Agreement |
| Community Legal Services of Mid-Florida (clsmf.org), (800) 405-1417 | Free civil legal help for income-eligible residents; Brevard is within its 12-county Central Florida service area |
| Brevard County Legal Aid, 1038 Harvin Way, Rockledge, (321) 631-2500 (brevardcountylegalaid.org) | Local nonprofit legal aid for income-eligible residents, with a network of volunteer attorneys covering guardianship and other civil matters |
| Florida Courts Help, probate (flcourts.gov/Courts-System/florida-courts-help/other-resources/probate) | The judiciary's probate self-help page, with plain-language information on the probate process |
| The Florida Bar (floridabar.org) | Consumer pamphlet "Probate in Florida" and the statewide Lawyer Referral Service at (800) 342-8011 |
When to hire an attorney
Florida is an attorney-forward probate state. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person or is a licensed attorney, so most Brevard formal and summary administrations involve counsel. Beyond the rule, counsel makes practical sense when the estate is contested, when Brevard real property must be sold, when the estate is insolvent or its solvency is in doubt, when a business interest or an out-of-state asset complicates administration, or when heirs are in conflict. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer. Sunset can connect families to a vetted Brevard probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Brevard County real estate, business interests, and unclaimed property, so you know the estate's value and can pick the right Florida probate path for estate settlement before you file.
Generate the probate packet. Sunset assembles the Brevard filing: the petition for administration, the notice of administration and notice to creditors, the inventory, and the supporting documents, with the proposed orders the Clerk requires, formatted for e-filing through the Florida Courts E-Filing Portal or for paper filing with the Clerk.
Find a local probate attorney. Because Fla. Prob. R. 5.030 requires counsel in most administrations, Sunset connects families to a vetted Brevard probate attorney to file and appear.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Brevard County, Florida?
With the Clerk of the Circuit Court & Comptroller. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com); a self-represented filer may e-file, file on paper at a Clerk office, or mail court filings to P.O. Box 219, Titusville, FL 32781-0219. Probate and guardianship hearings are held at the Historic Titusville Courthouse, 506 South Palm Avenue, Titusville, FL 32796. The Clerk's Probate and Guardianship office can be reached at (321) 637-5413.
Do I need a lawyer for probate in Brevard County?
Usually yes. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person or is a licensed attorney. Most formal and summary administrations therefore involve counsel. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer.
Do I have to e-file probate in Brevard County?
Attorneys must; self-represented filers have a choice. Florida attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented person may e-file, file on paper at a Clerk office, or mail court filings to P.O. Box 219, Titusville, FL 32781-0219. The original will is deposited on paper: the custodian must deposit it with the Clerk within 10 days of learning of the death (F.S. 732.901).
How much does it cost to file probate in Brevard County?
The Brevard Clerk's posted totals are $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 for summary administration under $1,000, and $231 for disposition of personal property without administration (Schedule of Fees Reference Chart, verified July 2026). These totals sit on top of the statutory base in F.S. 28.2401. Confirm the current figure on the Clerk's Schedule of Fees and Charges at brevardclerk.us before filing.
How do I look up a Brevard County probate case?
Use the Brevard Electronic Court Application (BECA) General Public Court Records Search at vmatrix1.brevardclerk.us/beca/beca_splash.cfm. The public search is free and covers court dockets, though some records are viewable only with a registered BECA account, set up by filing the Clerk's BECA User Agreement, and access to certain categories is restricted by statute and court rule. The AcclaimWeb Official Records search on the same site is for recorded documents, not court cases.
What forms do I need for probate in Brevard County?
Florida publishes no statewide self-help probate form set, and formal and summary administration petitions are prepared under the Florida Probate Rules, in most cases by an attorney. The Brevard Clerk does publish a Disposition of Personal Property without Administration form set and related probate forms at brevardclerk.us/probate-forms, and summary administration forms are available from the A. Max Brewer Memorial Law Library at the Moore Justice Center in Viera. Include the proposed order or orders and a self-addressed stamped envelope when filing any probate petition.
Can I appear remotely for a Brevard County probate hearing?
Often, for non-evidentiary matters. The probate and guardianship division maintains a hybrid virtual courtroom and uses Microsoft Teams, not Zoom. A remote appearance must be requested by motion at least 5 business days before the hearing, and trials and evidentiary hearings scheduled for 30 minutes or more are held in person at the Historic Titusville Courthouse unless the court permits otherwise.
What if the estate is small or the death was years ago?
The estate may qualify for summary administration (F.S. 735.201), which does not appoint a personal representative and ends with an order distributing the assets, or for disposition of personal property without administration (F.S. 735.301) if it holds only exempt and limited personal property and no real estate. The dollar thresholds are statewide and are covered on the Florida state page; both paths are filed with the same Brevard Clerk, and the Clerk publishes a Disposition form set.
Do I have to travel to the courthouse to settle an estate in Brevard County?
Not always. Attorneys and self-represented filers can e-file through the statewide portal, and court filings can be mailed to the Clerk at P.O. Box 219, Titusville, FL 32781-0219. Where a hearing is required, a remote appearance on Microsoft Teams can be requested by motion at least 5 business days ahead; trials and longer evidentiary hearings are in person at the Historic Titusville Courthouse.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.