Search Brevard County Probate Court Records

Brevard County probate court records are filed with the Clerk of Courts in Titusville and cover formal estate administration cases, summary administration petitions, will deposits, guardianship proceedings, and related matters for residents of this large central Florida coastal county. The 18th Judicial Circuit handles probate matters for Brevard County, and Judge Diana L. Moreland presides over probate and guardianship cases. This page explains how to search existing records, file new cases, and understand which type of probate applies to your situation.

Brevard County Clerk of Courts - Probate Division

Clerk Rachel Sadoff oversees the Brevard County Clerk of Courts, which maintains all probate case files for the county. The probate division is located on the second floor of the courthouse in Titusville. Both a street address and a mailing address are used depending on whether you are filing in person or by mail.

Brevard County is one of Florida's larger counties by population, and its probate caseload is substantial. The 18th Judicial Circuit covers Brevard County only, which means all circuit-level probate resources in the circuit are dedicated to Brevard County cases. This can make it easier to get case-specific information from the court compared to multi-county circuits.

One notable feature of Brevard County probate is the availability of Zoom hearings. The 18th Circuit offers parties the option to appear remotely via Zoom video conferencing. If you or your attorney need to appear for a probate hearing, communicate your preference to appear remotely to the court in advance.

The Brevard County Clerk's homepage provides access to all court divisions, the online case search portal, and links to the probate division. Reviewing it before your first contact with the clerk's office helps identify the right department.

The homepage also lists current news from the clerk's office, including any changes to hours, fees, or filing procedures that could affect your case.

Types of Probate in Brevard County

Florida law provides three paths for settling a deceased person's estate. Brevard County courts handle all three. The right choice depends on the value of the estate, the types of assets involved, and how long the person has been deceased.

Formal Administration

Formal Administration is the full court-supervised probate process. It is required when the estate's gross value exceeds $75,000 and death occurred within the past two years. Chapter 733 of the Florida Statutes governs this process in detail. A personal representative is appointed by the court and given the legal authority to act on behalf of the estate. Their duties include notifying creditors, creating an inventory of all estate assets, paying valid debts and taxes, and distributing what remains to heirs under the terms of the will or, if none exists, according to Florida intestacy law under Chapter 732.

Real property in Brevard County owned solely in the decedent's name almost always requires Formal Administration. Title companies and financial institutions will not transfer ownership without a court order from a Brevard County probate judge. The process typically takes at least four months due to the mandatory creditor claim period under Chapter 733, even for straightforward estates.

Summary Administration

Summary Administration is available for smaller or older estates. It applies when the estate's net value is $75,000 or less, or when the decedent has been dead for two or more years regardless of estate size. Chapter 735 controls this procedure. No personal representative is appointed. A petition is filed with the Brevard County Clerk, and if the court approves it, an Order of Summary Administration is issued directing how assets are distributed. The 18th Circuit provides a Summary Administration Checklist to help families prepare the correct documents for this type of case.

Disposition Without Administration

This is the most limited option. It is only available when the estate has no real property, the total personal property does not exceed the amount owed for the decedent's last illness and funeral costs (capped at $6,000), and the filing happens within two years of death. No court hearing is required. If the Brevard County Clerk approves the application, a letter is issued directing whoever holds the assets to release them to the person who paid those bills. This procedure is also governed by Chapter 735.

Brevard County Probate Forms and Checklists

The 18th Judicial Circuit provides several checklists and forms specific to Brevard County probate cases. These go beyond the standard Florida Supreme Court-approved forms and address local court preferences and requirements. Having the right forms in order before you file can prevent delays and unnecessary trips to the courthouse.

Available checklists from the 18th Circuit include the Summary Administration Checklist, Formal Probate Administration Checklist, Guardian Advocate Checklist, Guardian of Minor Checklist, Mental Health Incapacity Checklist, and an Affidavit of Heirs form specific to Brevard County. The Affidavit of Heirs is a document the court uses to identify all people with a potential interest in the estate, and the Brevard-specific version may have requirements or formatting that differs from generic versions.

Florida Supreme Court-approved forms for many probate proceedings are available through the Florida Courts self-help resources. These forms are reviewed and updated by the court and are accepted statewide.

Download the correct state-approved forms from the Florida Courts website before visiting the Brevard County Clerk's office to make sure your filing is complete on the first trip.

Zoom Hearings and Remote Appearances in Brevard County

The 18th Circuit offers hybrid audio-video technology for probate hearings. Parties can appear either in person at the courthouse in Titusville or via Zoom video conference. This is useful for out-of-area heirs, personal representatives who live far from Brevard County, or attorneys with scheduling conflicts that make in-person attendance difficult.

To appear remotely, communicate your preference to the court in advance of the hearing date. The 18th Circuit's probate and guardianship page at flcourts18.org has current instructions on how to request remote appearance and what technology you will need. Not all hearing types may be available remotely, so confirm with the court before the scheduled date.

Searching Brevard County Probate Records

Brevard County probate records are public court records. Most can be searched online through the Brevard County Clerk's website at brevardclerk.us. The online portal lets you search by the decedent's name or the probate case number. Case details, document filings, and hearing dates are generally available through the portal.

For certified copies or documents not available online, contact the clerk's probate division at (321) 637-2017. Staff can pull specific documents from a case file and advise on copy fees. Fees are set by state law and vary based on the type of document and whether certification is required. Visit the second floor of the Titusville courthouse in person if you need to review a physical file or file new documents.

Older records that predate the electronic case system may require an in-person request. Call ahead to confirm whether archived files can be made available on a given day and what identification to bring.

Florida Probate Law and Brevard County Cases

All Brevard County probate proceedings operate under Florida's statewide probate code. Chapter 731 sets out general provisions and definitions. Chapter 732 covers wills and intestate succession, including who inherits when there is no will. Chapter 733 governs estate administration and the duties of personal representatives. Chapter 735 covers small estates, and Chapter 744 governs guardianship proceedings, which are handled through the same probate division in Brevard County.

Florida law requires that any person who has a will in their possession after someone dies must file it with the clerk of the circuit court in the decedent's home county within 10 days of learning of the death. In Brevard County, that means filing with the Brevard County Clerk's probate division in Titusville. This obligation exists under Chapter 732 regardless of whether probate is ever opened.

The Florida Courts Self-Help Center has step-by-step guides and approved forms for probate proceedings. The Florida Association of Court Clerks provides additional resources for understanding how to work with clerks across the state. For legal advice specific to a Brevard County estate, consult a probate attorney familiar with the 18th Circuit.

Cities in Brevard County

Brevard County is a large county along Florida's Space Coast with several substantial cities. The following cities have dedicated pages on this site.

Other communities in Brevard County include Titusville (the county seat), Cocoa, Rockledge, Merritt Island, Satellite Beach, Viera, Cape Canaveral, and Cocoa Beach. Residents of all Brevard County communities file probate cases at the Brevard County Clerk's probate division in Titusville.

Nearby Counties

Brevard County is located on Florida's central east coast. The surrounding counties are in the 9th, 18th, and 7th circuits. Confirm county of residence before filing probate, especially for decedents who lived near a county boundary.