What is Probate?
The term “probate” generally refers to the process in which a decedent’s assets, or estate, are administered. Whether or not an estate is required to go through probate depends on the assets that the decedent owned at the time of his or her death. For example, if a decedent solely owned any real property at the time of his or her death, the estate is required to go through probate to transfer title of the real property to the decedent’s heirs or beneficiaries. In this type of a situation, the beneficiaries or heirs would need to seek the assistance of an attorney, as our office cannot give legal or procedural advice.
The following is a description of the various types of probate available in Brevard County.
If you paid for the decedent’s funeral expenses and/or the medical bills occurring during the last 60 days of the decedent’s illness, and if the assets do not exceed the total out-of-pocket amount for the funeral or medical expenses, you may qualify for a Disposition of Personal Property without Administration. Forms are available for this case type using the Probate Forms link under our Related Links menu on this page. If there is real property involved, you will need to file either Summary Administration or Formal Administration.
To qualify for Summary Administration, the assets should be less than $75,000 or the decedent must have died at least two years prior to filing. If there is real property involved and the property was homesteaded, the value of the property is exempt and is considered $0 in regards to calculating the total amount of assets for probate. You may obtain the forms for Summary Administration from the Law Library at the Viera Courthouse. The Law Library’s telephone number is (321) 617-7295. You do not have to have to be represented by an attorney to file for Summary Administration. The Clerk’s role is ministerial and we cannot provide legal advice or assist with completing the forms for Summary Administration.
If the decedent’s assets are over $75,000 and/or if you are required to have a designated Personal Representative, you must file a Formal Administration. If there is real property involved and the property was homesteaded, the value of the property is exempt and is considered $0 in regards to calculating the total amount of assets for probate. Attorney representation is required for this case type. If you do not have an attorney, you may contact the Florida Bar’s Lawyer Referral Service at (800) 342-8011. The service will provide you with the name of an attorney who handles probate matters.
Please include the proposed order(s) when filing any probate petition and always include at least one self-addressed stamped envelope. Our office does not schedule hearings. Consult with the presiding judge to for questions regarding hearings.
For filing fees related to probate matters, please visit our Schedule of Fees and Charges under Quick Links/Fees and Charges from our home page.
Please refer to F.S. 732.901 for information on the production of wills.
Contact Information
Contact the Probate Department by emailing Probate@brevardclerk.us.
Disposition of Personal Property Without Administration
There are times, however, when our office can assist heirs and beneficiaries through a process referred to as a Disposition of Personal Property Without Administration. This process is also sometimes referred to as a Small Estate Proceeding. Please refer to Florida Statute 735.301 to determine if you are eligible for this type of process. This form may not be used when real property is involved. If you are unsure as to whether this process applies to your situation, you may wish to contact an attorney.
Required Forms
The required forms and documentation for a Disposition of Personal Property Without Administration are as follows:
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Original Last Will and Testament of the decedent, if one exists
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Death Certificate
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Copy of the statement from the funeral home showing by whom the bill was paid
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Signed and notarized consents from all heirs, if any
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Copy of the bank statement, stock certificates, insurance checks, policy value information forms, or any related information regarding the assets that you are attempting to transfer with this procedure
Once these required forms and documentation are in order, please come to the Probate Division for assistance. One of our staff will assist you in completing the petition for this procedure and will present it to the presiding probate judge. The filing fee is due at the time the Petition is filed. There is also a charge for one certified copy of the Order for Payment of Funds, which is generally required by the institution holding the assets. If the judge approves the petition, an Order for Payment of Funds will be entered by the probate court, which directs that the assets in question be distributed as outlined in the petition.
Wills
Please refer to F.S. 732.901 for information on the production of wills.
Wills for Safekeeping
Resources
- Designation of E-mail Address for a Party Not Represented by an Attorney
- Disposition of Personal Property without Administration Form Set
- Non-Attorney Designation of Email Address
- Notice of Change of Mailing Address or Designated E-mail Address
- Request to be Excused from E-Mail Service for a Party Not Represented by an Attorney
- Statement of Claim
- Order
- Motion
- a. 21-35-B = Probate & Guardianship – Petitions to Sell Real Property
- b. 17-37 = Mental Health – Confidentiality of Examining Committee Reports
- c. 04-27-B = Probate and Guardianship – Filing of Separate Guardianship Cases for Multiple Individuals in the Same Family
- d. 17-46-B = Probate & Guardianship – Fingerprinting of Guardians
- e. 07-37-B = Probate & Guardianship – Waiver of Fingerprinting for Specific Guardians
- f. 09-11-B = Probate & Guardianship – Waiver of Fingerprinting for Specific Guardians
- g. 15-40 = Probate and Guardianship – Filing Annual Guardianship Reports
- h. 22-17-B = Probate & Guardianship – Approved Course of Instruction and Education for Non-professional Guardians Appointed by the Court
- i. 17-15 = Clerk of Court – Electronic Filing
The Guardianship Forms are provided as interactive web forms and downloadable forms.
You may use the interactive forms to fill out the information and print it to your local printer. Simply select the form from the left column. The data will not be saved after the web session ends.
You may download the reports from the links below. They are in Microsoft Word© and Microsoft Excel© format.
If you do not have Word or Excel, you may download them from Microsoft’s site (microsoft.com). An excellent alternative is OpenOffice, which is free and can be downloaded from openoffice.org.
- Annual Accounting Forms Part I
- Annual Accounting Forms Part I Example
- Annual Accounting Forms Part II
- Annual Accounting Forms Part II Example
- Guardianship of Property Handbook
- Guardianship Reports Due Date Calculator
- Instructions for Guardianship Reports Due Date Calculator
- Forms for Guardian Advocacy
- Verified Inventory – Electronic
- Verified Inventory – Example