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Summary Administration in Brevard County, Florida

Where a Brevard County small estate is filed, what the Eighteenth Judicial Circuit requires before it signs the order, what the clerk charges, and what Truestead Law charges to do all of it.

Quick Answer

If the person lived in Brevard County when they died, their summary administration is filed with the Clerk of the Circuit Court for Brevard County in Florida’s Eighteenth Judicial Circuit. It qualifies when the non-exempt probate assets are $150,000 or less, or when the death was more than two years ago. Truestead Law files it for a flat $1,495, or $2,495 when there is a house, with court costs billed at cost.

Summary administration is Florida’s short-form probate under Chapter 735, Florida Statutes. The court enters an order sending each asset to the person entitled to it, and no personal representative is appointed. The law is the same in every county. What changes from county to county is where the case is filed, which circuit’s judges review it, what that circuit requires before an order is signed, and what the clerk charges. This page covers those specifics for Brevard County, so a family in Titusville, Melbourne, and Palm Bay knows what to expect before anything is filed.

Where a Brevard County Summary Administration Is Filed

Venue for a Florida probate is the county where the decedent was domiciled (Fla. Stat. § 733.101). A Brevard County resident’s estate is filed with the Clerk of the Circuit Court for Brevard County, part of the Eighteenth Judicial Circuit, which also covers Seminole County. The county seat is Titusville. The petition and its attachments are e-filed through the Florida Courts E-Filing Portal, so nobody has to appear at the courthouse in the ordinary uncontested case. Two things cannot be e-filed: the original will, which the custodian must deposit with the clerk within 10 days of learning of the death (Fla. Stat. § 732.901), and the certified death certificate. Those go to the clerk by mail or by hand.

What the Eighteenth Judicial Circuit Requires Before It Signs

The Eighteenth Circuit publishes a Summary Administration Checklist keyed to Fla. Stat. §§ 735.201, 735.203 and 735.206 and Probate Rule 5.530. Brevard probate matters are handled at the Moore Justice Center in Viera.

The checklist culture is the practical reason a summary administration takes weeks in one family’s hands and months in another’s. A petition that is missing one of the twelve elements Probate Rule 5.530 requires, or an order that names an account without its number, comes back. We draft the proposed Order of Summary Administration asset by asset and distributee by distributee, because the order is the document the bank, the motor vehicle office, and the title company will actually read. Current circuit forms and orders: Eighteenth Judicial Circuit.

Court Costs in Brevard County

Florida sets the clerk’s fee for a summary administration by statute (Fla. Stat. § 28.2401), so the base charge in Brevard County is the same as in every other county. What varies is any local surcharge the clerk adds and the number of certified copies the family needs.

ChargeAmountBasis
Filing fee, estate valued at $1,000 or more$340 + $4 service chargeFla. Stat. § 28.2401(1)(e), (3)
Filing fee, estate valued under $1,000$230 + $4 service chargeFla. Stat. § 28.2401(1)(f), (3)
Disposition without administration (if that applies instead)$230Fla. Stat. § 28.2401(1)(d)
Certified copies of the ordersA few dollars each; one per bank or asset holderClerk schedule
Recording orders affecting real propertyPer page, in the county where the property sitsBrevard County official records

Every one of these is a government charge, billed to you at cost. The attorney fee is separate and flat.

Does the Estate Qualify?

A Brevard County estate qualifies for summary administration through either of two doors (Fla. Stat. § 735.201). The first is value: the probate estate, after taking out exempt property and protected homestead, is worth $150,000 or less. That figure doubled from $75,000 on July 1, 2026, and applies to deaths on or after that date. The second door is time: the person died more than two years ago, at which point every creditor claim is barred (Fla. Stat. § 733.710) and the value of the estate no longer matters. If there is a will, it must not direct formal administration under Chapter 733. Assets that already have a named beneficiary, a joint owner with survivorship, or a payable-on-death designation pass outside probate and do not count.

A House in Brevard County

A Brevard County home the decedent lived in is usually protected homestead. It generally does not count toward the $150,000, but the title still has to be cleared, which is done with a petition to determine homestead status filed alongside the summary administration petition. The court’s order determining homestead and the order of summary administration are then recorded in the official records of Brevard County. That recording is the act that lets the heirs sell, refinance, or insure the property. If the property sits in a different county, the orders are recorded there as well. This is the work covered by our $2,495 tier.

How Long It Takes in the Eighteenth Circuit

Once the Eighteenth Circuit has a complete file, an uncontested summary administration is decided on the papers. Most are done in a matter of weeks rather than the six to twelve months a formal administration takes, because there is no personal representative to appoint, no letters of administration, and, when the two-year door applies, no creditor period. Delays come from incomplete files: a missing joinder from a beneficiary, an asset schedule without account numbers or a legal description, or a checklist the circuit requires that was not filed. We build the file to the circuit’s checklist before it is submitted.

What Truestead Charges for a Brevard County Summary Administration

No real property

$1,495
  • Eligibility review and asset map
  • Verified petition under Rule 5.530
  • Beneficiary joinders, waivers, and consents
  • Affidavit of heirs where there is no will
  • Circuit checklist and proposed orders
  • E-filing in Brevard County and distribution paperwork

With real property

$2,495
  • Everything in the first tier
  • Petition to determine homestead status
  • Orders drafted with the full legal description
  • Recording in the Brevard County official records
  • Title-clearing orders a title company will accept

Court costs at cost. Statewide, flat fees for the same petition commonly run $1,500 to $3,500, and some firms charge $4,500. Start online, or book a free 20-minute call first.

If you do not need us, we say so. A Brevard County estate with no real property and very little personal property may fit Disposition of Personal Property Without Administration (Fla. Stat. § 735.301), a clerk filing with no attorney required. If that is your situation, the answer is free.

Cities in Brevard County

We handle Brevard County summary administrations from our Ormond Beach office by phone, email, and e-filing, for families in:

Probate pages for Melbourne, and the county overview at Brevard County estate planning & probate.

Brevard County Summary Administration FAQs

Where is a summary administration filed for a Brevard County resident?

With the Clerk of the Circuit Court for Brevard County, in Florida’s Eighteenth Judicial Circuit, because venue follows the decedent’s county of domicile. The county seat is Titusville. The petition is e-filed; the original will and certified death certificate are delivered to the clerk separately.

What does the Brevard County clerk charge to file a summary administration?

The statutory filing fee is $340 for an estate valued at $1,000 or more, or $230 for an estate under $1,000, plus a $4 service charge (Fla. Stat. § 28.2401). Some clerks add small local charges. Certified copies of the orders and recording fees for real property are extra. Truestead bills all of these at cost with no markup.

Does the Eighteenth Circuit require a checklist for summary administration?

The Eighteenth Circuit publishes a Summary Administration Checklist keyed to Fla. Stat. §§ 735.201, 735.203 and 735.206 and Probate Rule 5.530. Brevard probate matters are handled at the Moore Justice Center in Viera. We prepare the filing to that standard before it is submitted.

Does my Brevard County estate qualify if there is a house?

Usually, yes. Protected homestead is generally excluded from the $150,000 calculation. It does require a petition to determine homestead status and the recording of the resulting orders in the Brevard County official records, which is what clears the title. That is the $2,495 tier.

Do I have to come to Titusville for a hearing?

In the ordinary uncontested case, no. The Eighteenth Circuit decides a complete summary administration on the papers. If the court asks for something, it is usually handled by a supplemental filing or a short remote hearing.

What if the estate is too small even for summary administration?

Florida’s Disposition of Personal Property Without Administration (Fla. Stat. § 735.301) covers estates with no real property where the non-exempt personal property does not exceed the funeral bill plus the last 60 days of medical expenses. It is a clerk filing, not a probate, and it does not need a lawyer. If that is your situation we will tell you so without charge.

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Settle a Brevard County estate for a flat fee

Tell us what the estate holds and who the heirs are. We confirm eligibility, quote the exact court costs, and file in the Eighteenth Circuit.

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Attorney advertising. Flat fees cover an uncontested summary administration under Chapter 735, Florida Statutes, with cooperative, locatable beneficiaries and the services listed; court filing fees, recording, and publication are government charges billed at cost. Matters that become contested, involve unknown heirs, exceed the statutory threshold, or require formal administration are quoted separately before any additional work. Purchasing initiates an engagement completed by intake, conflict check, and our engagement terms; if the estate does not qualify, the fee is refunded less any qualification-review time actually incurred, as stated in the engagement letter. Circuit procedures summarized here were taken from the circuit court’s published materials as of 2026-09-22 and can change; we confirm current requirements before every filing. Responsible attorney: Arthur Simpson, Esq., Florida Bar #529265, Ormond Beach.