How Much Does Probate Cost in Brevard County, Florida?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Brevard County can expect.
Probate in Brevard County, Florida runs through the Clerk of Circuit Court at 400 South Street, Titusville. The court is part of the 18th Judicial Circuit. The total cost depends on the estate's size, whether the will is contested, and how much professional help the executor uses.
Florida charges $395Fla. Stat. § 28.2401(1)(g)Verified May 7, 2026 to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Clerk of Circuit Court (https://www.myflcourtaccess.com/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Florida are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.
Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Florida requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Fla. Stat. § 733.402Verified May 7, 2026 of estate value annually.
Probate in Florida typically runs 9 monthsFla. Stat. § 733.402Verified May 7, 2026 to 12 monthsFla. Stat. § 733.402Verified May 7, 2026, and costs accrue throughout. The 3 monthsFla. Stat. § 733.702Verified May 7, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- Fla. Stat. § 28.2401(1)(g)
- Fla. Stat. § 733.402
- Fla. Stat. § 733.702
Data sourced from Florida statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Brevard County, that means filing fees ($395 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs $395 in Brevard County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Florida uses a "presumed reasonable" fee schedule — the statute sets percentages, but they can be negotiated. Brevard County attorneys typically follow the schedule for straightforward estates and negotiate for complex ones.
Florida allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Brevard County probate.
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
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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