What to Do When Someone Dies in Brevard County, Florida

Probate in Brevard County runs through the Clerk of Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Brevard County, settling their estate runs through the Clerk of Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Clerk of Circuit Court

Brevard County · 18th Judicial Circuit

Address

400 South StreetTitusville, FL 32780

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Departments

  • Probate321-637-5413 · Probate@brevardclerk.us

Mailing: P.O. Box 2767, Titusville, FL 32781-2767. Home to Kennedy Space Center. Law Library at Viera Courthouse: 321-617-7295.

Verified July 3, 2026 · Source

How Probate Works in Brevard County

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. The 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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.

Probate matters are handled through the Probate. Filing and payment go through these offices, not the main clerk window.

Florida charges $399Fla. Stat. § 28.2401(1)(g), (3)Verified Sep 8, 2026View source 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 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

If you're handling probate yourself in Brevard County, Florida, you can file at the Clerk of Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 18th Judicial Circuit.

Filings here are routed through the Probate. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Brevard County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Clerk of Circuit Court is realistic.

For a full cost comparison and filing checklist, see the Brevard County Self-Filing Assessment.

What to Bring

To file at the Clerk of Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Brevard County

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: 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, eRecording Partners Network (ePN), HopDox, Simplifile.

Recording Office Record

Clerk of the Circuit Court

Brevard County

Address

400 South StreetTitusville, FL 32780

Hours

Monday-Friday 8:00 AM - 5:00 PM

E-recording

Available via CSC, eRecording Partners Network (ePN), HopDox, SimplifileE-recording info →
Visit recorder website →

Recording fees

Base fee (first page)$10
Each additional page$8.5

Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)

Verified September 4, 2026 · Source

Probate Attorneys Serving Brevard County

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.

FirmMelbourne, FL

Mommers & Colombo, Attorneys at Law

Serves 2 counties

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 PlanningEstate AdministrationTrust AdministrationProbate Litigationand 6 more

Office
2020 West Eau Gallie Blvd, Suite 106Melbourne, FL 32935
Free consultation

Solo PracticeMelbourne, FL

Rhodes Law, P.A.

Serves 1 county

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 AdministrationProbate LitigationElder Lawand 4 more

Office
1751 Sarno Rd, Suite 2Melbourne, FL 32935
Free consultation

Solo PracticeMelbourne, FL

Studenberg Law

Since 2007 · Serves 1 county

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 AdministrationTax PlanningBusiness LawProbate Administration

Office
1119 Palmetto AvenueMelbourne, FL 32901

FirmMelbourne, FL

The Law Office of Van Fossen & Stolz, P.A.

Since 2004 · Serves 2 counties

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 AdministrationElder LawProbate Administration

Office
211 E New Haven AveMelbourne, FL 32901

FirmGainesville, FL

Florida Probate Law Group

Since 2014 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust LitigationProbate Administration

Office
201 SE 2nd Ave, Suite 210Gainesville, FL 32601
Free consultationVirtual consultations

FirmBradenton, FL

Gerling Law Group Chartered

Since 2004 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationElder LawProbate AdministrationWills Trusts

Office
6148 State Road 70 EBradenton, FL 34203
Free consultation
See all 22 firms serving Brevard County→

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.

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Legal Sources

Data sourced from Florida statutes and official state code. How we research.