Probate in Brevard County: Where It’s Filed
Melbourne is in Brevard County, which sits in Florida’s 18th Judicial Circuit. Probate is filed with Rachel M. Sadoff, the Brevard County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Brevard County courts, with probate paperwork mailed to the Clerk at P.O. Box 219 in Titusville. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Brevard County estate handled without anyone traveling to the courthouse.
Brevard does not publish which of its clerk offices takes probate filings over the counter. The Clerk directs probate paperwork by mail to P.O. Box 219 in Titusville and answers the probate and guardianship line at 321-637-5413, so a Melbourne family handles the case by e-filing and mail rather than by driving to a courthouse. We serve Melbourne and Brevard County residents, including Melbourne, Palm Bay, West Melbourne, Viera, Rockledge, Satellite Beach, Melbourne Beach, Indian Harbour Beach.
Which Kind of Probate You’ll Need
Most Brevard County estates pass through one of three doors. The cheapest one may be open.
- Disposition without administration. Tiny estates with only exempt property and final-expense reimbursement; days to weeks.
- Summary administration. Estates of $150,000 or less (raised from $75,000 on July 1, 2026) after exempt property, or when the decedent died more than two years ago; often weeks.
- Formal administration. Everything else; a personal representative is appointed and the case runs about 6 to 12 months.
We confirm which applies at your consult and quote a flat fee. Estimate the cost and timeline first →
How Long, and What It Costs
Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Brevard County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →
Out-of-State Personal Representatives
Under Florida law, you can serve as personal representative of a Brevard County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Melbourne and Brevard County by phone, video, and e-signature.
Suddenly responsible for a house or other real property here? Our Brevard County property owner's guide maps every office that now matters to you, including the property appraiser, tax deadlines, code enforcement, and how to watch what the county is planning near the property.
Local Rules, Judges, and the Clerk’s Probate Office
Every circuit publishes administrative orders and local procedures that control how probate actually runs in Brevard County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. A petition to sell estate or guardianship real property in Brevard must attach an appraisal performed within 60 days of filing, list the property on the MLS if it is listed at all, and disclose every family or business relationship among the seller, both agents, and the personal representative. Do not leave the bond amount blank in an order appointing a personal representative either. Write $0 or waived. Brevard adds a real filing requirement to any sale of estate or guardianship real property. The petition must attach an appraisal done within 60 days of filing, the property must be publicly listed on the MLS if it is listed at all, and every family or business relationship among the seller, both agents, and the personal representative must be disclosed.
- Administrative orders of the Eighteenth Judicial Circuit
- Eighteenth Judicial Circuit judges directory
- The clerk’s probate office for Brevard County
- Local probate forms and checklists
You do not have to learn any of this yourself. Part of what a flat fee covers is an attorney who already files under these rules, so nothing bounces back for a missing checklist.
Handling a Melbourne estate?
A free 30-minute consult tells you which kind of probate applies and what it will cost.
Book your free consultFrequently Asked Questions
How do I choose a probate lawyer in Melbourne?
Ask the same four questions everywhere in Florida. Is the fee flat or the statutory percentage, in writing? Does the lawyer litigate if a will contest or objection erupts mid-case? Can the whole case be handled without you coming to Florida, since Florida probate e-files statewide? And does the estate, not you personally, pay the fee? We answer flat, yes, yes, and yes for Melbourne and Brevard County families.
Where is probate filed in Brevard County?
Probate is filed with Rachel M. Sadoff, the Brevard County Clerk of the Circuit Court and Comptroller, in the 18th Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Brevard County estates wherever you are.
How long will it take?
Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.
Do I need a local attorney if I live out of state?
You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Melbourne and Brevard County by phone, video, and e-signature.
Sources
- Fla. Stat. ch. 733 to 735 (administration); §733.304 (nonresident PR); §733.702 (creditor claims); Fla. Prob. R. 5.030 (attorney required). Filing via Rachel M. Sadoff, the Brevard County Clerk of the Circuit Court and Comptroller (18th Judicial Circuit) and the Florida Courts E-Filing Portal. (retrieved 2026-06-07)
Updated August 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Melbourne and Brevard County residents from Miami; this is not a Melbourne office.