A Brevard County probate checklist has eight working steps: sort the assets to see whether probate is even required, choose between summary and formal administration, confirm who is eligible to serve as personal representative, gather the will and supporting documents, file the petition with the Clerk of the Circuit Court, give notice to beneficiaries and creditors, manage the estate and handle taxes, and then pay claims and distribute what remains. A straightforward estate moves through this sequence in several months. A contested estate or one with unusual assets takes longer.
Work the list in order. The most expensive mistake families make is filing before they know what actually needs to be probated.
Step 1: Sort Probate Assets From Non-Probate Assets
Probate only reaches assets held solely in the decedent’s name with no designated beneficiary. Everything else transfers outside the court process.
Assets that typically bypass probate:
- Bank accounts, real estate, or other property owned jointly with right of survivorship, which passes to the surviving co-owner.
- Life insurance, retirement accounts, and payable-on-death bank accounts, which go to the named beneficiary.
- Property held in a revocable living trust, which passes under the trust’s terms.
- Real property transferred by an enhanced life estate deed, sometimes called a Lady Bird deed in Florida.
What goes through probate: a bank account in the decedent’s name alone, a vehicle titled only to the decedent, real estate with no survivorship or trust arrangement, and personal property of significant value. If everything the decedent owned transfers by one of the routes above, you may not need to open a probate case at all.
A Note on Homestead
Florida’s homestead rules do not follow ordinary probate logic. If the decedent left a surviving spouse and descendants, the spouse receives either a life estate in the home with the remainder to descendants, or can elect an undivided one-half interest as tenant in common with the descendants.1The Florida Legislature. Florida Code 732 – Descent of Homestead Florida’s constitution also restricts how homestead can be devised when a surviving spouse or minor child exists, and a will that ignores those limits can be partially invalidated. Get advice before treating the family home like any other asset.
Step 2: Choose Summary or Formal Administration
Florida has two probate tracks, and picking correctly saves months.
Summary administration is available when the value of the estate subject to administration (minus property exempt from creditor claims) does not exceed $75,000, or when the decedent has been dead for more than two years regardless of value.2The Florida Legislature. Florida Statutes Chapter 735 – Probate Code Small Estates The will cannot direct formal administration under Chapter 733. No personal representative is appointed; a beneficiary or the person named in the will files the petition, and the surviving spouse and all beneficiaries generally must sign it. A beneficiary receiving their full share under the proposed distribution does not need to join.
Formal administration applies to estates over the $75,000 threshold, and to any estate with contested claims or complex assets.3Florida Senate. Florida Statutes Chapter 733 – Probate Code Administration of Estates A personal representative is appointed and manages the estate under court supervision. It takes longer but gives larger estates the structure they need.
Step 3: Confirm Who Can Serve as Personal Representative
If there is a will, the person named in it has priority. Without a will, priority runs to the surviving spouse, then to the person chosen by a majority of the heirs, then to the nearest heir.4Florida Senate. Florida Statutes Chapter 733 – Probate Code Administration of Estates – Section 733.301
Florida also restricts nonresidents. Someone who lives out of state can qualify only if they are a spouse, sibling, parent, child (including adopted), aunt, uncle, nephew, niece, or someone related by direct lineage to the decedent or one of those relatives.5The Florida Legislature. Florida Code 733.304 – Nonresidents A trusted friend or business partner living in another state cannot serve, no matter what the will says. If the named person is ineligible, the court appoints someone else.
The Florida Bar recommends every personal representative engage a qualified attorney to assist with administration, because legal issues arise even in simple estates.6The Florida Bar. Consumer Pamphlet Probate in Florida
Step 4: Gather Documents and Value the Assets
Have all of the following ready before you file:
- The original will. Florida law requires the custodian to deposit it with the clerk within 10 days of learning of the death. Holding onto it can result in a court order compelling production, with costs and attorney fees charged to the person who kept it. Deposit it right away.7The Florida Legislature. Florida Code 732.901 – Production of Wills
- At least one certified copy of the death certificate. Order several; banks, insurers, and title companies each want their own.
- Names and addresses of all beneficiaries under the will and everyone who would inherit under Florida’s intestacy laws.
- A detailed asset inventory. Real estate needs the legal description from the deed. Add bank accounts, investment accounts, vehicles, and any other property in the decedent’s name alone. The Brevard County Clerk provides standardized forms.8Brevard County Clerk of the Court. Brevard County Clerk of the Court
- A list of known debts: mortgages, credit cards, medical bills, and any other obligations.
Each asset in the inventory needs a fair market value as of the date of death. Publicly traded stocks and mutual funds use the closing price that day. Real estate typically requires a professional appraisal establishing value on that specific date. This valuation also fixes the stepped-up basis heirs will use for future capital gains calculations, so accuracy matters even for assets no one plans to sell right away.
The gathered information feeds into the Petition for Administration (formal) or Petition for Summary Administration. The petition establishes the decedent’s residence, identifies the type of estate, and outlines the proposed distribution. Fill every field correctly the first time; the clerk’s office will reject an incomplete petition.
Step 5: File With the Brevard County Clerk
The Florida Courts E-Filing Portal is the primary route for probate petitions in Brevard County.9Florida Courts E-Filing Authority. Florida Courts E-Filing Portal Once the forms are completed, signed, and notarized, they can be submitted electronically.10Florida Courts. Filing Your Forms The clerk also maintains physical locations for in-person filing.11Brevard County Clerk of the Court. Hours of Operation – Contact Us
Court fees are due at filing. The clerk publishes a full fee schedule, and the total depends on the type of administration and the specific filings involved.12Brevard County Clerk of the Court. Fees and Charges Expect several hundred dollars. No case number is assigned and no judge is routed the file until fees are paid.
Step 6: Give Notice to Beneficiaries and Creditors
After the petition is filed, the circuit court reviews it under Florida Probate Rule 5.200. If it passes review, the court issues Letters of Administration, which give the personal representative legal authority to act for the estate. With those in hand, the representative can access accounts, deal with property, and interact with third parties.
Two separate notice obligations then run on different tracks.
Formal Notice of Administration goes to the surviving spouse, all beneficiaries, and anyone who may be entitled to exempt property.13The Florida Legislature. Florida Code 733.212 – Notice of Administration
Notice to Creditors must be published in a local newspaper once a week for two consecutive weeks.14The Florida Legislature. Florida Code 733.2121 – Notice to Creditors Filing of Claims Publication starts a three-month clock; creditors that miss it are permanently barred. Any creditor served directly has the later of 30 days from service or the three-month window.15The Florida Legislature. Florida Code 733.702 – Limitations on Presentation of Claims
Do not distribute to beneficiaries until the creditor period closes and every valid claim is resolved. Premature distribution is one of the most consequential mistakes a representative can make.
Step 7: Manage the Estate and Handle Taxes
While the creditor window runs, the representative protects and manages estate assets: keep insurance current on real property, maintain investment accounts, pay utilities and property taxes out of estate funds, and keep detailed records of every transaction. The representative is a fiduciary. Using estate money for personal expenses, favoring one beneficiary over another, or letting property deteriorate can all create personal liability.
Taxes run on their own track.
An estate that earns income during administration needs its own Employer Identification Number from the IRS. Apply on Form SS-4, checking the “Estate” box and providing the decedent’s Social Security number.16Internal Revenue Service. Application for Employer Identification Number Online applications are fastest. The estate then uses the EIN to file Form 1041 for any income earned after the date of death.
File the decedent’s final Form 1040 covering January 1 through the date of death. If prior years were left unfiled, the IRS generally expects the last six years. Pulling IRS tax account transcripts early flags problems before they become surprises at distribution.
Federal estate tax applies only above a high exclusion amount. The Tax Cuts and Jobs Act raised the exclusion, but the increase is scheduled to sunset in 2026 back to the pre-2018 level of $5 million adjusted for inflation, projected to exceed $7 million per individual after adjustment.17Internal Revenue Service. Estate and Gift Tax FAQs Nearly every Brevard County estate falls well below this. Large estates that approach or exceed the threshold must file Form 706 and should get professional tax help.
Florida imposes no state income tax on individuals or estates, and no separate estate or inheritance tax. State-level obligations are limited to any tangible personal property or real estate taxes owed by the estate.
Step 8: Pay Fees, Distribute, and Watch for Personal Liability
Once the creditor period has closed and valid claims are paid, the representative can settle final compensation and distribute the estate. Personal representative compensation in formal administration follows a statutory percentage schedule tied to the compensable value of the estate, with additional compensation available for extraordinary services such as selling real estate or handling litigation. If the will specifies a different compensation arrangement, that provision generally controls.18The Florida Legislature. Florida Code 733.617 – Compensation of Personal Representative
Attorney fees follow a separate statutory schedule under Section 733.6171. Estates at $100,000 or less use a flat-rate structure starting at $1,500 for estates up to $40,000, with incremental increases; estates above $100,000 use graduated percentages that step down as value rises. Extraordinary services such as tax return preparation or litigation can justify additional fees. Both representative and attorney fees are paid from estate assets, not out of pocket by the representative or beneficiaries.
Personal liability is the last thing to watch. Distributing assets before paying all taxes and valid creditor claims can leave the representative personally on the hook for those unpaid amounts, satisfied from their own funds. The IRS is particularly aggressive when a representative distributes estate assets while federal tax debts remain outstanding. Meticulous records, correct priority order for paying debts, and patience through the full creditor window are the strongest protections. When any action could later be second-guessed, seek court approval before taking it.