Melbourne Probate Court Records

Which County Handles Probate for Melbourne

Melbourne is in Brevard County, so all probate filings for Melbourne residents go through the Brevard County court system. The Brevard County Clerk of Courts handles intake, filing, and record maintenance for every probate case opened in the county. The physical courthouse is the Moore Justice Center in Viera, which serves as the main civil and probate court facility for the county.

The 18th Judicial Circuit covers both Brevard and Seminole counties. Probate cases for Melbourne specifically are filed in Brevard. If the deceased lived in a different county at the time of death, you would file in that county instead — Florida law requires filing in the county of the decedent's domicile.

The Brevard County Clerk of Courts also maintains a branch office and satellite locations throughout the county. For probate matters, the main Viera location handles all filings. Call ahead to confirm current branch availability before making a trip.

Lead-in: The Brevard County Clerk's official site provides access to case search tools, filing guides, and fee schedules — see the Brevard County Clerk website for current information.

The clerk's site allows you to search open and closed probate cases, view filed documents, and access the online fee schedule without visiting the courthouse in person.

How to Search Melbourne Probate Records

Brevard County probate records are public documents, with some limited exceptions. Inventories and accountings filed in probate cases are confidential under Florida law, but most other filings — petitions, orders, notices, and final judgments — are open to the public.

To search online, visit the Brevard County Clerk's case search portal at the clerk's website. You can search by decedent name, case number, or filing date range. The system covers cases filed in recent years; older historical records may require an in-person visit or a written records request.

For in-person searches, go to the Moore Justice Center in Viera during regular business hours. The clerk's civil division handles probate case files. Bring the decedent's full name and approximate year of death to speed up your search. Staff can pull physical files for review at the public access terminals.

Certified copies of probate documents cost a fee per page, plus a certification charge. Plain copies are less expensive. Call the clerk's office at (321) 637-5413 to get current copy rates before visiting.

Lead-in: Melbourne's city government site provides community resources and local service contacts — visit www.melbourneflorida.org for general city information.

While the city site does not handle probate filings, it can direct you to local legal aid resources and community services that may help during the estate administration process.

Types of Probate Cases Filed in Brevard County

Florida law sets out three main types of probate administration, and the right one for a Melbourne estate depends on the value of assets and how long the person has been deceased.

Formal Administration applies when the estate's gross value exceeds $75,000. This is the full probate process. A personal representative is appointed by the court, creditors are notified, assets are inventoried, debts are paid, and remaining assets are distributed to heirs. Formal Administration typically takes six months to a year or longer depending on the complexity of the estate and any disputes.

Summary Administration is available when the estate is worth $75,000 or less, or when the decedent has been dead for two or more years. It is faster and less expensive than Formal Administration. There is no personal representative appointed. Instead, heirs file a petition identifying assets and requesting distribution directly.

Disposition Without Administration is the simplest option. It applies only when the estate has no real property and the only assets are exempt personal property or funds needed to pay funeral and medical expenses of the last 60 days of life, with a cap around $6,000 on non-exempt assets. The court issues an order directing payment without opening a formal estate.

Florida also recognizes ancillary probate for non-residents who owned property in Brevard County at the time of death. If someone lived out of state but had a Melbourne home or other Florida-sited asset, ancillary proceedings may be needed here.

Probate Filing Fees in Brevard County

Filing fees for probate cases in Brevard County follow the Florida statutory schedule. Fees vary based on the type of administration and the value of the estate being probated.

For Formal Administration, the initial filing fee is generally in the range of $400 or more, depending on the estate value. Summary Administration has a lower filing fee, typically around $235 to $280. Disposition Without Administration carries the lowest fee. These figures can change, and the clerk may assess additional fees for specific filings within the case.

Other costs to plan for include fees for certified copies of letters of administration, court orders, and other documents. Each certified copy has a per-page charge plus a certification fee. If you need to publish a Notice to Creditors in a local newspaper (required in Formal Administration), that is an added cost billed by the publication.

Attorney fees in probate cases are set by Florida statute based on the estate value, though parties can agree to different fee arrangements. For a Formal Administration, statutory attorney fees start at 3% of the first $1 million of the estate value. Always confirm current fees with the clerk's office or your attorney before filing.

Legal Resources for Melbourne Residents

Several organizations serve Brevard County residents who need help with probate matters but cannot afford a private attorney.

Florida Rural Legal Services provides civil legal aid to low-income residents in Brevard County. They handle some probate matters, particularly for elderly clients or those dealing with small estates. Contact them to find out if you qualify for assistance.

The Brevard County Bar Association runs a lawyer referral service that can connect you with a probate attorney for a reduced-fee initial consultation. The Florida Bar's own referral service at floridabar.org is another option for finding licensed attorneys who handle estate work in the 18th Circuit.

The clerk's self-help center at the Moore Justice Center may also provide general information and printed guides for pro se filers. Staff cannot give legal advice, but they can explain court procedures and point you to the right forms. Florida Courts' statewide self-help website at www.flcourts.gov has downloadable probate forms approved for use statewide.

The Probate Process for Melbourne Estates

When someone who lived in Melbourne dies with assets that need court supervision, the probate process starts with filing a petition in Brevard County Circuit Court. Here is a general outline of how Formal Administration works in this county.

First, the will — if there is one — must be deposited with the clerk within ten days of the testator's death under Florida statute section 732.901. This is required even if no probate will be opened right away. Filing the will with the clerk preserves it and establishes a record.

Next, a petition for administration is filed. If the deceased had a will, the petition asks the court to admit it to probate and appoint the named personal representative. If there is no will, the court appoints an administrator based on Florida's statutory order of preference.

Once appointed, the personal representative publishes a Notice to Creditors in a local newspaper for two consecutive weeks. Creditors then have 90 days from the date of first publication to file claims. The personal representative must also serve notice directly on known creditors within 30 days of appointment.

After the creditor period closes, the personal representative files an inventory of estate assets and pays valid debts and taxes. Once all creditor claims are resolved, the personal representative files a petition for discharge and final accounting. The court reviews it, and if approved, issues an order discharging the personal representative and closing the estate.

Summary Administration skips many of these steps. The heirs file a single petition, and the court issues an order of summary administration distributing assets without appointing a personal representative. It is faster, but only available when the estate qualifies by value or the two-year time frame.