Probate Lawyer Melbourne, Florida

Filing probate in Brevard County

Melbourne probate cases are filed with the Brevard County Clerk of Court and heard in the 18th Judicial Circuit Court. The probate division operates from the Moore Justice Center at 2825 Judge Fran Jamieson Way, Viera. The 18th Judicial Circuit also covers Seminole County. Florida offers four primary administration paths; the right one depends on estate value, time since death, and asset type.

Formal administration. The default path for most Florida estates. A personal representative is appointed, creditors are noticed, assets are inventoried, debts and taxes are paid, and remaining assets are distributed to beneficiaries. Court supervision throughout. Typical timeline 6 to 9 months for an uncontested case.

Summary administration. Available under Florida Statute 735.201 when the decedent's non-exempt estate value is under $75,000, or when the decedent has been deceased for more than two years. Streamlined process, no personal representative appointment required, no full creditor period. Typical timeline 4 to 8 weeks.

Ancillary administration. Required when an out-of-state or out-of-country decedent owned Florida real property. The primary probate runs in the decedent's home jurisdiction; the ancillary probate handles the Florida property under Florida law. Common in Melbourne given seasonal-resident and snowbird ownership patterns along the beachfront and Indian River Lagoon.

Disposition without administration. Available in narrow circumstances when assets are limited to exempt property and reimbursement of last expenses. Most Melbourne estates don't qualify.

Probate scenarios common in Melbourne

Melbourne's resident profile creates several distinct probate administration scenarios.

Aerospace and defense retiree estates. Melbourne is a core Space Coast community with substantial workforce and retiree population tied to Kennedy Space Center, Cape Canaveral, Patrick Space Force Base, L3Harris, Northrop Grumman, Boeing, and other aerospace and defense employers. Estates often include employer-provided equity (RSUs, ESPP, options that may still be vesting or held post-vest), deferred compensation paying out on a schedule, federal Thrift Savings Plan accounts with separate beneficiary rules, and pension or annuity income with survivor elections.

Military retiree estates. Brevard County has one of Florida's larger retired military populations. Probate administration needs to coordinate with VA benefits, military retirement, Survivor Benefit Plan elections, and (for newer veterans) blended retirement system rules. SBP and VA benefit handling operates independently from the probate estate and requires explicit attention.

Beachfront and Indian River Lagoon estates. Melbourne has substantial frontage along the Atlantic Ocean (Melbourne Beach, Indialantic, Indian Harbour Beach) and the Indian River Lagoon. Waterfront property carries specific considerations: continued insurance coverage during the administration period, hurricane and flooding exposure, dock and seawall maintenance, and often significant property appreciation that affects basis treatment for heirs.

Snowbird and seasonal-resident estates. Many Melbourne and beachside properties are owned by primary residents of the Northeast, Midwest, or other states. When the owner passes, the Florida property requires ancillary administration in Brevard County alongside the primary probate.

Working family estates. Beyond the retirement and aerospace profiles, Melbourne has a substantial working-age population. Estates in this segment are often smaller, may qualify for summary administration, and frequently include retirement accounts, life insurance, and homestead property as the primary value.

Types of Florida probate administration

The biggest probate mistakes Melbourne families make

Waiting too long to file. Florida Statute 733.702 imposes a strict creditor claim period that starts when notice of administration is published. Delaying probate doesn't reduce risk; it often extends it and complicates asset preservation.

Not coordinating employer-provided assets early. Aerospace and defense retirees often have RSUs, ESPP holdings, deferred compensation, federal TSP, and pension benefits that operate under different rules than probate assets. Some have post-vest holding requirements. Some pay out on schedules. Some have specific death-of-participant procedures that require timely action. Family members and personal representatives benefit from contacting the former employer's benefits team early in administration.

Skipping ancillary administration when there's out-of-state property. Florida courts can't transfer real property located in other states. Multi-state estates require coordinated probate in each state where real estate is held.

Not securing beachfront and waterfront properties immediately. Vacant beachfront properties need ongoing insurance, hurricane preparedness, dock and seawall inspection, and security maintained from day one of administration. Hurricane and flood insurance gaps can be expensive to remediate.

Distributing assets before the creditor period closes. Distributing to beneficiaries before the 3-month creditor period expires (after publication of notice) creates personal liability for the personal representative if valid creditor claims arrive after distribution.

Probate costs and personal representative fees

Florida probate has three main cost categories.

Court and publication costs. Filing fees in the 18th Judicial Circuit run a few hundred dollars. Notice of administration must be published in a local newspaper of general circulation, adding several hundred dollars. Certified copies of letters of administration, bond premiums (where applicable), and recording fees add to the baseline cost.

Personal representative compensation. Florida Statute 733.617 sets a reasonable fee schedule for personal representatives based on the value of the estate, with extraordinary services compensated separately. Many Melbourne estates involve a personal representative who is a family member; they may waive compensation or take a reduced amount.

Attorney fees. Florida Statute 733.6171 governs reasonable attorney compensation for probate administration. The fee schedule is tied to estate value, with separate compensation available for extraordinary services such as will contests, tax matters, employer benefit coordination, ancillary administration, and litigation. All attorney fees are subject to court approval.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's probate, estate planning, trust administration, asset protection, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

The firm's two offices are in South Florida, approximately 2.5 to 3 hours south of Melbourne:

• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432

Most Melbourne probate work is handled remotely. Initial consultations with personal representatives and family members are by phone or video. Court filings are handled by counsel without the personal representative appearing. For Melbourne families and out-of-state attorneys handling primary probate, the remote workflow keeps administration moving without requiring travel.

Our probate practice integrates with the firm's estate planning, trust creation, asset protection, and real estate practices.

Frequently Asked Questions