How Does Probate Work in Brevard County, Florida?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. Whether probate is needed in Brevard County depends on how the estate's assets were titled and the overall value. The Clerk of Circuit Court accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
Whether probate is necessary in Brevard County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Clerk of Circuit Court at 400 South Street, Titusville. The court sits in the 18th Judicial Circuit.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Clerk of Circuit Court.
Florida has a low threshold for simplified procedures — only estates under $0Fla. Stat. § 733.402Verified May 7, 2026 qualify. Most estates in Brevard County with real property will require full probate through the Clerk of Circuit Court.
See what portion of this estate may require probate:
Opening probate at the Clerk of Circuit Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Filing at the Clerk of Circuit Court
Attorneys must e-file in Brevard County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Who Inherits Without a Will?
Without a valid will, inheritance in Brevard County is governed by Florida statute rather than the deceased's wishes. The law assigns shares based on family structure—and the default distribution often catches families off guard.
Enter the family details to see who inherits under Florida law:
Surviving spouses in Florida can elect to take 30%Fla. Stat. §§ 732.2065, 732.2135Verified May 7, 2026 of the estate regardless of the will. This election must be filed at the Clerk of Circuit Court within 180 daysFla. Stat. §§ 732.2065, 732.2135Verified May 7, 2026 of receiving probate notice.
Florida provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The Clerk of Circuit Court can approve a family allowance of up to $18,000Fla. Stat. § 732.403Verified May 7, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Creditors must be notified through newspaper publication in Brevard County for 2Fla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710Verified May 7, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 3 monthsFla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710Verified May 7, 2026 from first publication.
Florida has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Florida recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Fla. Stat. § 732.403
- Fla. Stat. § 733.402
- Fla. Stat. §§ 732.2065, 732.2135
- Fla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710
Data sourced from Florida statutes and official state code. How we research.
Frequently Asked Questions
The Clerk of Circuit Court for Brevard County is located in Titusville, Florida. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Florida typically closes in 6–9 months. Average estates run 9–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Brevard County tracks the state range unless the docket is unusually backed up.
Not every death triggers probate. Assets held in a living trust, jointly-owned property, and accounts with named beneficiaries pass outside probate. Use the Florida probate decision tool to see what applies.
When there is no will, Florida's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Brevard County probate court applies the state rules without variation. See who inherits in Florida for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Brevard County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Clerk of Circuit Court
Brevard County
400 South Street
Titusville, FL 32780
Phone:
321-637-5413Email:
Probate@brevardclerk.usHours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
Florida Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Brevard County.
Florida Estate Attorneys
Find estate planning attorneys in Florida by practice area.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
