Required for attorneysE-filing mandatory for attorneys since April 1, 2013. Optional for self-represented parties. Statewide Florida Courts E-Filing Portal for all circuit courts.
Self-represented filing
AllowedSummary administration may be filed without an attorney; the Clerk states that attorney representation is required for formal administration. Summary administration forms are available from the Law Library at the Viera Courthouse, and the Clerk publishes a form set for disposition of personal property without administration. Clerk staff help complete the disposition petition and present it to the probate judge, but cannot give legal advice.
Accepted payment
At the counterCash, Check, Money order, Credit card.The Clerk accepts cash, checks and cashier's checks, money orders payable to the Brevard County Clerk of Court, and American Express, Discover, MasterCard or Visa. The filing fee is due when the petition is filed.
Probate and Guardianship1-321-617-7245 · probate@brevardclerk.us
Law Library (Viera Courthouse)1-321-617-7295Summary administration forms are available here.
About the court
The Clerk's full-service counter is on the second floor at the Titusville address; the Clerk also has offices at the Moore Justice Center in Viera and the Melbourne branch courthouse. Filings sent by mail go to the court paperwork box.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Brevard County, probate runs through the Clerk of Circuit Court at 400 South Street, Titusville. The court sits in the 18th Judicial Circuit. The same 18th Judicial Circuit also serves Seminole.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Florida intestacy law when there is no will.
Most Florida estates take 9 months to 12 months to move through this process. Creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Brevard County
What probate costs in Brevard County, Florida comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of Circuit Court at 400 South Street, Titusville. The court is part of the 18th Judicial Circuit.
Florida charges $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
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.
Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Florida requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Fla. Stat. § 733.402Verified Sep 8, 2026View source of estate value annually.
Probate in Florida typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Clerk of Circuit Court
Probate cases in Brevard County, Florida are filed at the Clerk of Circuit Court. The court sits in the 18th Judicial Circuit.
Beside the filing office, the court lists separate lines for Probate and Guardianship and Law Library (Viera Courthouse).
Can You File Without an Attorney?
Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Proposed orders and stamped envelopes accompany every probate petition
The Clerk asks that proposed orders be included when any probate petition is filed, with at least one self-addressed stamped envelope. The Clerk's office does not schedule hearings; hearing questions go to the presiding judge.
Disposition without administration filing requirements
The decedent must have been a Brevard County resident. The filing includes the notarized petition, a proposed order, a notice of confidential information, any will, the death certificate, proof of who paid the funeral or medical bills, asset statements dated on or after the date of death, and a self-addressed stamped envelope for each asset holder and the petitioner.
The 18th Judicial Circuit requires an affidavit of heirs in all intestate estates. The circuit publishes a Brevard form and checklists for summary and formal administration.
Filed with the opening petition at the Clerk of Circuit Court: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estateFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Brevard County
In Florida a death is registered locally, and in Brevard County certified copies of the death certificate are issued by Florida Department of Health in Brevard County, Vital Statistics as well as by Florida Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Registrar
Brevard County · Florida Department of Health in Brevard County, Vital Statistics
A picture ID is brought to the office, and personal checks are not accepted. A mailed request carries a photocopy of the picture ID and a completed application.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.
Deeds and other real property documents for Brevard County are recorded with the Clerk of the Circuit Court at 400 South Street, Titusville, FL 32780. Phone: 1-321-637-5413. Hours: Monday-Friday 8:00 AM-5:00 PM.
The Clerk of the Circuit Court charges $10 for the first page plus $9 for each additional page.
Brevard County accepts electronic recording through CSC, ePN, Hopdox and Simplifile.
Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Brevard County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Florida uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Brevard County firms typically follow the schedule for routine work and negotiate on complex matters.
A probate attorney files the petition with the Clerk of Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Melbourne firm serving Brevard and Indian River counties from one Eau Gallie Boulevard office. Pierre Mommers handles the estate side: probate under the Florida Probate Code, administration of revocable, irrevocable, testamentary and discretionary trusts, guardianship, and special needs trusts. The free initial consultation is offered on the trust administration page itself, not only for planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
Office
2020 West Eau Gallie Blvd, Suite 106Melbourne, FL 32935
Melbourne elder-law and estate practice on Sarno Road serving Brevard County. Handles probate and trust administration, probate litigation, and guardianship and guardian advocacy, plus Medicaid planning, special-needs trusts, and asset protection. Ruth C. Rhodes is one of only two board-certified elder law attorneys in Brevard County.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
Melbourne practice in the historic Riverview Village neighborhood, serving Brevard County. Ganon J. Studenberg founded the firm in 2007 and works with family members and professional fiduciaries through probate and trust administration, alongside federal estate, gift, and GST tax planning. He is an Accredited Estate Planner credentialed by the NAEPC.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Law
Melbourne elder-law firm serving Brevard and Indian River counties, established by Amy B. Van Fossen in 2004. Handles formal and summary probate administration, ancillary probate for out-of-state families, trust administration and terminations, estate inventories and accountings, plus Medicaid and VA benefits planning. Katie Jackson Stolz is a Florida Bar board-certified elder law attorney.
PracticesEstate PlanningTrust AdministrationProbateElder Law
Gainesville firm handling probate in every Florida county on a flat fee, with an Ocala office and a fully remote administration process. Founding partner R. Nadine David advised Florida circuit court probate judges as a probate court staff attorney before entering private practice in 2014. Handles formal and summary administration, trust administration, and estate litigation.
Bradenton firm on State Road 70 East serving Manatee and Sarasota families, and accepting probate cases in any Florida county. Guides personal representatives and trustees through probate and trust administration, and handles estate planning, wills, trusts, and elder law as a National Academy of Elder Law Attorneys member. Rodney D. Gerling and Dana Laganella Gerling founded the firm in 2004.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Florida statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Florida
Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.
How Do I Settle an Estate?
Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
Enter the estate value to see Florida attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
$
See whether you can file probate yourself
Enter the estate value to see whether Florida lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
