Florida Probate Court - Brevard County Probate Court
Brevard County Florida is located on the central east coast of the Atlantic Ocean and is said to have been discovered by the spanish explorer, Juan Ponce de León around 1513. Because Cape Canaveral is located in Brevard County, and is the home of the John F. Kennedy Space Center, Brevard County is also known as the Space Coast.
The official county seat has been Titusville since 1894; however nearly all county administration is performed in the Moore Justice Center located in the city of Viera. Since Brevard County extends so far from north to south, it has more than one county courthouse. Government services are conveniently spread over the county with offices located in Titusville, Merritt Island, Melbourne, Palm Bay and of course, Viera. The current Probate Judge is Tonya Rainwater.
Scott Ellis has been the Clerk of the Courts since taking office in January 2001. His office can be reached through the main switchboard number which is 321-637-5413 and is open Monday through Friday, 8:00 a.m. to 5:00 p.m. The Clerk's website address is www.199.241.8.125 and can provide basic information regarding probate and other legal matters. Should you need specific case information or answers to frequently asked questions, you can also email the probate department at Probate@brevardclerk.us.
The Brevard County Probate Court is controlled by the Circuit Court of Brevard County. Probate is the process in which a decedent's assets, or estate, are distributed to the heirs, or beneficiaries of the estate. There are several types of Probate proceedings which are all filed with the Clerk of the Circuit Court. Before the assets may be distributed, it must be determined which creditors, if any, must be paid. An experienced probate attorney can help guide you through this very complicated process. Florida Probate Law does require that the Will of the decedent be filed with the Clerk of the Circuit Court in the County of legal residence within 10 days from date of death.
Whether or not an estate is required to go through Probate depends on the assets that the decedent owned at the time of his or her death. For instance, if a decedent solely owned real property such as a home, at the time of his or her death, the estate would be required to go through Probate in order to transfer title of that real property to the decedent's heirs or beneficiaries. This is a very common situation in which the beneficiaries or heirs would need to seek the assistance of an experienced probate attorney. Call 1-800-PROBATE ext 5 to learn more about the Brevard County Probate Court.
In the case of very small estates, the Clerk's Office can assist heirs and beneficiaries through a process referred to as a Disposition of Personal Property Without Administration. This process is also sometimes referred to as a Small Estate Proceeding. For further information, please refer to Florida Statute 735.301 to determine if your situation can go through this type of process. Please note that this form of probate cannot be used when real property is involved. If you are unsure as to whether this process applies to your situation, you may wish to contact an experienced probate attorney who can advise you on the probate process and its many technical rules.
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