Overview
Brevard County is located on Florida's east coast, known as the Space Coast, with approximately 620,000 residents. The Eighteenth Judicial Circuit Court, Probate Division handles all estate matters for individuals domiciled in Brevard County at the time of death. The court is located at the Moore Justice Center in Viera.
Florida probate provides two primary pathways: Formal Administration (for estates over $75,000 or when the decedent passed less than two years ago) and Summary Administration (for estates $75,000 or less, or when the decedent has been dead for more than two years).
Florida has no state estate or inheritance tax. The surviving spouse has the right to a 30% elective share of the augmented estate. Homestead property carries special constitutional protections. The personal representative must be a Florida resident or close relative of the decedent. E-filing is mandatory in Brevard County.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the court or a qualified attorney.
Courthouse Information
Moore Justice Center — Probate Division
The Probate Division of the Eighteenth Judicial Circuit Court is located at the Harry T. and Harriette V. Moore Justice Center in Viera.
Address: 2825 Judge Fran Jamieson Way, Viera, FL 32940
Phone: (321) 637-5413
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Eighteenth Judicial Circuit covers Brevard and Seminole Counties. Probate matters for Brevard County residents are handled at the Viera courthouse. The Probate Division handles estates, guardianships, and trust matters.
Parking and Access
Free parking is available at the Moore Justice Center. The courthouse is located in Viera, a planned community in central Brevard County. Space Coast Area Transit (SCAT) bus routes serve some areas near the courthouse. Visitors should plan for security screening and bring a valid photo ID.
Filing Process
Step 1: Determine the Type of Administration
- Formal Administration: Required for estates exceeding $75,000 or when the decedent died less than two years ago.
- Summary Administration: Available for estates of $75,000 or less (excluding exempt property), or when the decedent has been dead for more than two years.
- Disposition Without Administration: For very small estates.
Step 2: E-File the Petition
Brevard County requires e-filing through the Florida Courts E-Filing Portal (myflcourtaccess.com).
Required documents:
- Petition for Administration or Summary Administration
- Original will (deposited with the clerk)
- Certified death certificate
- Oath of Personal Representative (for formal administration)
- Filing fee payment
Step 3: Notice to Creditors
For formal administration:
- Publish a Notice to Creditors in a Brevard County approved newspaper for two consecutive weeks
- Serve known or reasonably ascertainable creditors directly
- The creditor claims period is 3 months from the first publication date
Step 4: Letters of Administration
The court reviews the petition and issues Letters of Administration or Letters Testamentary.
Step 5: Administration and Closing
- File an inventory within 60 days
- Pay valid creditor claims and expenses
- File a final accounting
- Petition for discharge after distributing assets
Local Requirements
Brevard County-Specific Procedures
- E-filing is mandatory through the Florida Courts E-Filing Portal.
- Original wills must be deposited with the Brevard County Clerk of Courts.
- The Eighteenth Judicial Circuit has local administrative orders governing probate procedures.
- Notice to Creditors must appear in a Brevard County approved newspaper for two consecutive weeks.
- Inventory must be filed within 60 days of appointment.
- Accounting is required before the estate can be closed.
Homestead Property
Florida homestead protections apply to Brevard County real property:
- Homestead generally cannot be devised if survived by a spouse or minor child
- The surviving spouse may elect a life estate or one-half interest as tenants in common
- Homestead is exempt from forced sale and most creditor claims
Elective Share
The surviving spouse may claim 30% of the augmented estate.
Personal Representative Requirements
The personal representative must be a Florida resident or a close relative of the decedent.
Timeline & Fees
Filing Fees (Brevard County)
- Formal Administration petition: approximately $395
- Summary Administration petition: approximately $340 (estates over $1,000) or $230 (estates $1,000 or less)
- Disposition Without Administration: approximately $230
- Notice to Creditors publication: approximately $80-$175
- Certified copies: approximately $2.00 per page
Fees are set by Florida statute and may be updated. Contact the clerk's office for current amounts.
Payment Methods
E-filing payments are processed electronically. The clerk's office also accepts cash, checks, money orders, and credit/debit cards.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple formal estates: 6-9 months
- Average formal estates: 9-12 months
- Complex or contested estates: 12 months to several years
The minimum formal administration timeline includes the 3-month creditor claims period.
Local Resources
Brevard County Probate Court Resources
- Clerk of Courts — Probate: brevardclerk.us
- E-Filing Portal: myflcourtaccess.com
- Eighteenth Judicial Circuit: flcourts18.org
Legal Aid and Attorney Referrals
- Community Legal Services of Mid-Florida: (321) 631-2500
- Brevard County Bar Association: (321) 633-6671
- Florida Bar Lawyer Referral Service: 1-800-342-8011
Publication
- Florida Today: Approved for legal notices in Brevard County
- Brevard County legal newspapers: Check with the clerk for current approved publications