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Brevard County Estate Planning & Probate Attorney

Wills, revocable living trusts, powers of attorney, and probate guidance for families across all of Brevard County — prepared under current Florida law and handled conveniently by phone, video, or appointment.

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Brevard County families turn to Cornerstone Wealth & Legacy Law for wills, revocable living trusts, powers of attorney, and probate guidance prepared under current Florida law. Florida estate planning law is the same throughout the state, but where your estate is administered, and how, is decided at the county level — in Brevard County, through the Eighteenth Judicial Circuit. This page explains how that works. On the Space Coast, many Brevard County clients coordinate aerospace-employer benefits and stock plans alongside their estate documents.

Estate Planning Across Brevard County

A complete Florida estate plan usually rests on a few core documents: a will, often a revocable living trust, a durable power of attorney, a health care surrogate designation, and a living will. Together they decide who manages your affairs if you cannot, who inherits, and whether your family must go through probate. For Brevard County homeowners, a funded revocable trust is often the most direct way to keep the home and accounts out of the probate court entirely.

Probate in Brevard County & the Eighteenth Judicial Circuit

When a Brevard County resident passes away with assets that do not transfer automatically, the estate is administered through the Clerk of the Circuit Court for Brevard County, part of Florida's Eighteenth Judicial Circuit (which also covers Seminole County). The county seat and main courthouse are in Titusville. Because Florida probate is handled largely through electronic court filing, a personal representative usually does not need to travel to the courthouse — but the process still follows strict statutory deadlines, including the creditor notice period under Florida Statutes Chapter 733. We guide families through both formal administration and summary administration, and, where possible, help them avoid probate entirely with proper planning.

Formal vs. Summary Administration in Brevard County

Florida offers two main probate paths, and which one a Brevard County estate uses depends largely on its size and timing. Summary administration (Fla. Stat. Chapter 735) is available when the probate estate — not counting exempt or homestead property — is worth $75,000 or less, or when the decedent has been deceased for more than two years; it is faster and does not require an appointed personal representative. Formal administration (Fla. Stat. Chapter 733) is the full process used for larger estates: the court appoints a personal representative who marshals assets, publishes a notice to creditors, pays valid claims, and distributes what remains. We help Brevard County families determine which path applies and handle the filings with the Eighteenth Judicial Circuit either way.

Florida Homestead & Your Brevard County Home

For most Brevard County homeowners, the residence is the most valuable — and most legally protected — asset in the estate. Florida's constitutional homestead protection (Art. X, §4 of the Florida Constitution) shields a primary residence from most creditors and restricts how it may be left when you are survived by a spouse or minor child (Fla. Stat. §732.401). Homestead generally passes outside the probate estate, but the title still has to be cleared, often through a petition to determine homestead status. Transferring the home correctly — sometimes with an enhanced life estate ("Lady Bird") deed or a funded revocable trust — is one of the highest-value steps a Brevard County family can take.

Cities We Serve in Brevard County

We work with families throughout Brevard County. Explore our dedicated pages for the communities below, or reach out from any city in the county:

Brevard County in Context

Brevard County is part of Florida's Eighteenth Judicial Circuit and our Treasure Coast & Space Coast service area. Explore those pages to see neighboring counties we serve and how probate works across the wider region.

How We Work With Brevard County Clients

Cornerstone serves Brevard County clients primarily by phone and video: we talk through your situation, prepare your documents, and walk you through signing them correctly under Florida's witness and notary rules. In-person meetings are available by appointment in the Daytona Beach area when you would rather sit down face to face. Every plan is offered as a self-guided option or an Attorney-Guided plan personally reviewed by Arthur Simpson, Esq.

Key Florida Statutes for Brevard County Estates

Florida estate and probate law is statewide; these are the provisions that most often shape how a Brevard County estate is planned and administered:

  • Fla. Stat. §732.502 — execution of wills: a Florida will must be signed by the testator and attested by at least two witnesses.
  • Fla. Stat. §732.901 — the original will must be deposited with the clerk of court within 10 days of learning of the death.
  • Fla. Stat. Chapter 732 — intestate succession and the surviving spouse's elective share.
  • Fla. Stat. §732.401 & Art. X, §4, Fla. Const. — descent of homestead and its creditor protection.
  • Fla. Stat. Chapter 733 — formal administration, including notice to creditors and the claim period under §733.702.
  • Fla. Stat. Chapter 735 — summary administration and disposition without administration.

Brevard County Estate Planning & Probate FAQs

Where is probate filed in Brevard County?

Probate for Brevard County residents is filed with the Clerk of the Circuit Court for Brevard County, part of Florida's Eighteenth Judicial Circuit. The county seat and main courthouse are in Titusville. Because Florida probate uses electronic filing, a personal representative usually does not need to appear in person.

Which cities does Cornerstone serve in Brevard County?

Cornerstone Wealth & Legacy Law serves the entire county, including Titusville, Melbourne, Palm Bay, Cocoa, Cocoa Beach, and Merritt Island. Florida estate planning and probate law is the same statewide, so we can help any Brevard County family regardless of city.

How can a Brevard County family avoid probate?

The most common way to avoid probate in Brevard County is a properly funded revocable living trust, which lets your Florida assets pass to your beneficiaries without a court filing. Beneficiary designations, payable-on-death accounts, and certain deeds can also transfer specific assets outside probate. The key with a trust is funding it by retitling assets into the trust.

Can I handle my Brevard County estate plan remotely?

Yes. Cornerstone serves Brevard County clients by phone and video, preparing documents remotely and guiding you through signing under Florida's witnessing and notarization requirements. In-person appointments are available in the Daytona Beach area when preferred.

How long does probate take in Brevard County?

Most Brevard County formal probate administrations take roughly six months to a year, driven largely by Florida's creditor claim period. After the personal representative publishes a notice to creditors, creditors generally have until the later of three months from first publication or 30 days from service to file claims (Fla. Stat. §733.702), subject to a two-year absolute bar (§733.710). When an estate qualifies for summary administration, it is often completed in a few weeks to a couple of months.

What is summary administration, and does my Brevard County estate qualify?

Summary administration is Florida's streamlined probate process, available when the probate estate — excluding exempt and homestead property — is worth $75,000 or less, or when the decedent has been deceased for more than two years (Fla. Stat. Chapter 735). Many Brevard County estates qualify, especially when most assets passed by trust, beneficiary designation, or joint title. Estates that do not qualify proceed as a formal administration under Chapter 733.

What happens if someone dies without a will in Brevard County?

If a Brevard County resident dies without a will, Florida's intestate succession statute (Fla. Stat. Chapter 732) decides who inherits. A surviving spouse generally inherits the entire estate when all descendants are shared, but that share changes when there are children from another relationship. Dying without a will also forfeits your ability to name your own personal representative, a guardian for minor children, or a trust for your beneficiaries — which is why even a simple Florida will is worthwhile.

Does Florida have an estate or inheritance tax?

Florida has no state estate tax and no state inheritance tax, so most Brevard County estates owe no death tax at the state level. Only very large estates may owe federal estate tax, which applies above the federal exemption amount. The absence of a state estate tax, combined with Florida's homestead protections, is one reason careful titling and beneficiary planning matter so much here.

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Cornerstone Wealth & Legacy Law, PLLC is licensed in the State of Florida and serves clients throughout the state. This page is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Estate planning and probate outcomes depend on your individual facts and the proper execution of documents under Florida law.