We are a premier estate and probate law firm serving families, military personnel, and aerospace professionals across Brevard County. We provide the specialized legal strategy required to navigate the 18th Judicial Circuit and secure your family’s assets with precision.
When Patrick Space Force Base families, aerospace professionals, and lifelong residents pass away, their estates rarely follow a simple script. Between complex federal retirement accounts, VA survivor benefits, and coastal real estate holdings, the overlap between federal rules and Florida probate law creates complications that standard online guides simply do not address.
We handle probate for Melbourne and Space Coast families from our office on Murrell Road. Whether your estate involves a beachfront property in Indialantic, a NASA contractor’s Thrift Savings Plan (TSP) account, or a contested will, our team has the local experience to protect your interests in the 18th Judicial Circuit. We turn complex, multi-layered estates into a straightforward path toward final distribution.
Call our Melbourne office at 321-254-3939 or contact us online to schedule a consultation.
What Probate Requires in Brevard County
Probate is the court-supervised process used to transfer assets held solely in a deceased person’s name to their heirs. In Brevard County, not every asset requires court involvement, but identifying which ones do, and how to navigate the 18th Judicial Circuit’s requirements, is where families most often encounter unexpected delays.
What Goes Through Court (and What Doesn’t)
It is common for families to assume everything needs probate, but many assets bypass the court process entirely:
- Assets That Usually Bypass Probate: Life insurance with named beneficiaries, joint tenancy property, IRAs, and assets held in a funded revocable trust.
- Assets That Typically Require Probate: Bank accounts titled solely in the decedent’s name, real estate without a designated transfer path, and personal property without an automatic recipient.
Navigating the 18th Judicial Circuit
Filing in Brevard County involves specific procedural hurdles, from the initial petition to the management of creditor claims. Errors in filing orders or missed administrative steps often stall distributions for months.
To consult with an experienced probate litigation lawyer serving Melbourne
(855) 780-9986
Formal Administration vs. Summary Administration: Which Path Applies?
Florida offers two primary probate tracks, and the difference has real consequences for how long the process takes and what it costs.
Summary administration is available when the estate’s total probate value (excluding exempt property and protected homestead) is $75,000 or less, or when the decedent has been deceased for more than two years. This track typically closes in four to six months and involves fewer court appearances.
Formal administration applies to larger estates or situations where summary administration is not an option. A personal representative is appointed by the court to manage the estate through a process that typically runs six months to over a year, depending on asset complexity, creditor disputes, and whether litigation arises.
There is also a third option for very small estates: disposition without administration, available when the estate covers only final expenses and limited personal property.
The right track depends on what the decedent owned, how assets were titled, and what debts remain. We review each estate before recommending a path.
What Happens When There Is No Will in Melbourne
When someone passes away without a valid will, Florida’s intestate succession laws (Chapter 732) dictate how assets are distributed. This process follows a strict statutory formula that ignores the decedent’s actual wishes, often leading to unexpected results, especially in blended families or second marriages.
Who Inherits Under Florida Intestate Law?
The state determines your heirs based on a fixed priority list:
- Surviving Spouse: May inherit the entire estate or share it with the decedent’s children, depending on the family structure.
- Children: If no spouse survives, children inherit the estate in equal shares.
- Other Relatives: If there are no descendants, the estate typically passes to parents, then siblings, following Florida’s statutory order of priority.
Why Legal Guidance is Essential in Brevard County
Intestate succession treats complex family dynamics through a rigid legal formula. In our experience in Melbourne, this frequently creates friction in blended families or cases involving children from prior relationships.
If you are navigating an estate without a will, we provide clarity on how the process actually works in the Brevard County court system. We will assess whether your estate qualifies for summary administration and guide you through every step to ensure your family’s rights are protected, even in the absence of a will.
Contact our Melbourne office to talk through the estate and what needs to happen next.
Melbourne Probate Litigation Lawyer Near Me
(855) 780-9986
Military Families, Federal Benefits, and Probate on the Space Coast
Standard Florida probate guides often fail to address the unique needs of military and aerospace families. At Patrick Space Force Base and across the Space Coast, many assets are governed by federal rules, not Florida probate law.
The Federal vs. Probate Trap
Assets such as Federal retirement benefits, Survivor Benefit Plan (SBP) elections, VA compensation, and Thrift Savings Plan (TSP) accounts transfer through designated beneficiary systems, not through a will or the probate court.
Families who are unaware of this distinction often waste months in probate proceedings waiting for assets that are not actually part of the estate. Preventing this delay is critical to ensuring your family receives the support they are entitled to immediately after a loss.
How We Protect Your Entitlements
Our Melbourne attorneys have deep experience managing estates that combine both probate assets and federally governed accounts. We coordinate these two separate processes to ensure:
- No Unclaimed Benefits: We flag all federal entitlements during our initial intake to ensure you don’t leave survivor benefits or VA compensation on the table.
- Efficiency: By identifying federal assets early, we prevent months of unnecessary administrative delays.
- Integration: We guide you on both the probate process and federal claim procedures (such as those outlined at va.gov) simultaneously.
The Bottom Line: You should not have to navigate federal bureaucracy and Florida probate separately. We align both processes to secure your family’s financial stability as quickly as possible.
Will Contests and Probate Disputes in the 18th Circuit
Not every probate proceeding closes without a fight. When a will is challenged or when beneficiaries disagree over how the estate is being managed, those disputes require litigation inside the 18th Judicial Circuit.
Florida law recognizes specific grounds for contesting a will: lack of testamentary capacity (the decedent did not understand what they were signing), undue influence (someone pressured the decedent into changing the document), fraud, and improper execution. A will that lacks the required two witnesses, for example, may not survive a challenge.
We handle contested probate matters in Brevard County. These cases are different from routine estate administration. They require understanding both the procedural rules of the probate court and the litigation process that runs within it.
If you believe a will does not reflect what the person truly intended, or if you are a personal representative facing a challenge to an estate you are administering, contact our Melbourne office directly. These disputes move on court deadlines, and timing matters.
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Who Handles Probate at Our Melbourne Office
We represent personal representatives, surviving spouses, beneficiaries, and creditors in Brevard County probate proceedings. Our office is at 7195 Murrell Rd, Suite 101, Melbourne, FL 32940, and we serve families throughout the Space Coast, including Viera, Rockledge, Palm Bay, Satellite Beach, and Cocoa Beach.
Case outcomes vary based on individual facts and circumstances. Past results do not guarantee future outcomes.
Ready to Start the Probate Process in Melbourne?
Probate in Brevard County has real deadlines, required creditor notices, and court filings that affect how long the estate stays open and what the process costs. Most families handling this for the first time come to us after a loss, with little preparation and a lot of questions.
We handle the 18th Judicial Circuit process from the first filing to the final accounting. Our Melbourne office is at 7195 Murrell Rd, Suite 101. If you are the personal representative, a surviving spouse, or a beneficiary trying to understand what comes next, we are available to talk through the estate with you.
Bogin Munns & Munns also handles personal injury, criminal defense, immigration, bankruptcy, real estate, employment law, and workers’ compensation matters across Central Florida. Our 11 offices from Orlando to Gainesville serve families throughout Orange, Volusia, Brevard, Alachua, Lake, Marion, Osceola, and Sumter counties.
Call 321-254-3939 or contact our Melbourne office online to speak with a probate attorney.
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