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.