Brevard County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. represents clients throughout Brevard County — including Melbourne, Palm Bay, Cocoa, Cocoa Beach, Titusville, Rockledge, Satellite Beach, Indian Harbour Beach, Merritt Island, and the Viera and Suntree communities — in probate administration, estate planning, guardianship proceedings, trust administration, and probate litigation.
Brevard County's mix of coastal retirees, established aerospace and engineering professionals tied to the Cape Canaveral and Kennedy Space Center economies, long-standing Florida families, and a growing professional population in the Viera/Suntree corridor creates consistent demand for sophisticated estate planning and probate counsel. Beachfront real estate, multi-state property holdings, retirement account complexities, and out-of-state heirs are frequent considerations in Brevard matters.
Our firm has been in continuous practice in Central Florida since 1928. Brevard County sits within the Eighteenth Judicial Circuit of Florida (alongside Seminole County). The Eighteenth Circuit applies Florida's statewide probate, trust, and guardianship laws but has its own local administrative orders, division assignments, and scheduling conventions that experienced Brevard County practitioners account for.
Probate Court Information
Brevard County probate matters are typically filed at the Moore Justice Center in Viera, with hearings sometimes held at the Harry T. and Harriette V. Moore Justice Center or the Titusville courthouse depending on division assignment.
Brevard County is in the Eighteenth Judicial Circuit of Florida (alongside Seminole County). The Eighteenth Circuit applies the Florida Probate Code (Fla. Stat. Chapters 731–735), Florida Trust Code (Chapter 736), and Florida Guardianship Law (Chapter 744), but its local administrative rules, division assignments between the Viera and Titusville courthouses, and judicial calendaring differ from Orange County practice.
Applicable thresholds and procedures:
- Summary Administration (Fla. Stat. § 735.201) — for estates with non-exempt assets at or below the statutory threshold, or decedents deceased more than two years
- Formal Administration (Fla. Stat. Chapter 733) — for larger estates and any contested matter; typically 6–12 months minimum
- Florida Probate Rule 5.030 requires an attorney licensed in Florida to represent the personal representative in Formal Administration
- Guardianship proceedings under Fla. Stat. Chapter 744, including Emergency Temporary Guardianship petitions (§ 744.3031)
- Ancillary Administration (Fla. Stat. § 734.102) — frequently relevant for out-of-state decedents who owned Brevard County coastal property
Approximately 55 miles from our Orlando office at 910 N. Fern Creek Avenue — typically 60–80 minutes via SR-528 (Beachline Expressway). Our attorneys travel to Brevard County for hearings as client matters require; many routine procedural matters can proceed without client travel.
Note for Brevard County families with aerospace or engineering employer retirement benefits: estate planning that accounts for substantial 401(k), pension, deferred compensation, and stock-based compensation balances often requires coordination between estate tax planning, beneficiary designations, and qualified plan rules. David A. Yergey III's LL.M. in Taxation directly supports this analysis for clients whose Brevard County estates approach federal estate tax exposure.
How We Serve Brevard County Clients
Probate Administration
We represent personal representatives and beneficiaries in Brevard County Summary and Formal Administration in both the Viera and Titusville courthouses. We handle contested probate litigation — will contests under Fla. Stat. § 733.109, removal of personal representatives under Fla. Stat. § 733.506, and breach of fiduciary duty claims — that require active appearance in the Eighteenth Judicial Circuit.
Estate Planning
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations for Brevard County families. For clients with substantial qualified retirement plans, beachfront property, or multi-state holdings, David A. Yergey III's LL.M. in Taxation supports graduate-level federal estate, gift, and generation-skipping transfer tax analysis.
Guardianship
Emergency Temporary Guardianship petitions, plenary and limited guardianship, contested guardianship, guardian advocacy under Fla. Stat. § 393.12, and annual accountings for Brevard County wards. David A. Yergey III is Founding President of the Florida Guardianship Support Network (flgsn.org).
Trust Administration
Guidance for Brevard County successor trustees and representation of beneficiaries when a trustee has failed to meet the duties imposed by Fla. Stat. § 736.0802 (duty of loyalty), § 736.0813 (duty to inform and account), or related provisions.
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators available for Brevard County probate, trust, and guardianship mediation.
What to Bring to Your First Consultation
For a probate matter (Brevard County)
- Certified copy of the death certificate
- Original will, if one exists, or the most recent copy you have
- Decedent's address at death (Brevard County venue confirmation)
- Preliminary asset inventory, including any Brevard County real property and beachfront parcels
- Information on employer retirement benefits (401(k), pension, stock options) if relevant
- Names and contact information for all beneficiaries and intestate heirs
- Any prior correspondence from the Brevard County Probate Division (Viera or Titusville)
For an estate planning consultation
- Existing estate planning documents, if any
- General asset list, including Brevard County real estate and qualified retirement plan balances
- Names of intended fiduciaries (personal representative, trustee, agent, healthcare surrogate)
- Family structure details, including any out-of-state beneficiaries or beneficiaries with special needs
Ready to speak with a Brevard County probate attorney?
Call (407) 843-0430 or book a consultation online.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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