However, if a new property is discovered, you may want to request that the probate case be reopened. Travel to the clerk of the probate court where the case was previously pending. Request a Form Document from a Deputy Clerk to Reopen the Probate Case. The possibility of reopening probate depends on the unique circumstances of the particular probate process and the applicable state laws.
The reasons for the reopening of the estate, as well as the deadlines for doing so, vary from state to state. You generally can't reopen a closed estate unless you meet certain requirements. One of the requirements is to demonstrate that additional assets have been discovered after the estate was closed. The process of reopening an estate is called the post-management process.
Florida Probate Rule 5.460 sets out how you can ask a Florida court to reopen a closed estate after hidden assets are discovered. An estate should not be reopened on the basis of new evidence that would not change the outcome of the inheritance determination. Howard Good Elk (or Pacer) Heritage, 9 IBIA 38 (198). A probate can be reopened to avoid a judicial error if it is proven that the evidence presented at the original hearing was incorrect, incomplete, or inadequate.
Estate of Wilma Florence First Youngman, 10 IBIA 3 (198). A property can be reopened if the facts support the conclusion that the previous decision constitutes a manifest injustice that can be administratively corrected. Estate of Joseph Wyatt, 11 IBIA 244 (198); Estate of Walter George and Minnie Racehorse George Snipe, 9 IBIA 20 (198). The omission of an heir is the type of manifest injustice contemplated in the reopening provisions of 43 C, F, R.
Estate of Woody Albert, 14 IBIA 223 (198); Estate of Paul Widow, 17 IBIA 107 (198). A party requesting the reopening of a gated property for more than three years must show convincing evidence that any delay in the request to reopen was not due to a lack of diligence on the part of the petitioner. Nellie Brown State, 11 IBIA 1 (198); Katie Crossguns Estate, 10 IBIA 141 (198); Louise State (Louisa) Mike Sampson, 29 IBIA 86 (199). Once probate administration is completed and an estate is closed, one would expect it to mark the end of the process.
However, this may not always be the case. Depending on the circumstances, there may be reasons to reopen a closed estate. It's important to understand when an estate should be reopened and when it can remain closed. The Board has held that the BIA has a responsibility to request reopening when it has information indicating any likelihood that an estate decision will be incorrect and that it is a manifest injustice for the BIA to have such information and not act on it.
A closed probate case may be reopened if the decision or order issued in the probate case contains an error of fact or law (including, but not limited to, a missing or misincluded heir or recipient, a found will, or an error in the distribution of property), and the error is discovered for more than 30 days after the date a decision was sent. To reopen an estate for further administration, the interested party, often the personal representative, must apply to the probate court to reopen the estate. Succession is the legal process of collecting and distributing the assets of a person who has died (also called a “decedent”). Succession is overseen by the Orphan Court and handles more complex situations, such as when a will is challenged, damaged in a way that changes its meaning, or when more than one qualified person requests to be the personal representative.
The probate court may reappoint the same personal representative or other personal representative to manage the open estate later. During the succession, one of the duties of the personal representative is to locate all the heirs mentioned in the will. If a loved one's estate has recently discovered assets, the probate attorneys at Finkel Law Firm LLC can help you open and close a subsequent estate. Many assets, such as those held in a trust or income from an insurance policy with a designated beneficiary, will go outside the probate process.
If you want to reopen an estate for one of these reasons, an estate attorney can help you draft the strongest possible petition to reopen. If a decedent had a last will and will, the personal representative they appointed will initiate the probate process. The purpose of hearings in probate proceedings is to allow consideration of alleged errors committed by the ALJ and to allow the introduction of evidence that could not, with diligent effort, have been discovered before the original hearing. Sometimes it becomes necessary to reopen an estate estate after the estate has been closed and the Personal Representative has been discharged.
Unless the court orders otherwise, a new personal representative must comply with the other provisions of the Probate Code. A party who has received actual notice of a probate hearing is not entitled to file a motion to reopen. . .