When a deceased person's estate is formally administered in Florida, closing the estate requires the personal representative to file a Petition for Cancellation, Distribution Plan, and Final Accounting. An interested person can object to a request for release. In such cases, the court will hold a hearing before finally issuing the Discharge Order to close the estate. As a result, the court may agree to modify the motion for annulment or the distribution plan before closing the estate completely.
In many cases, the probate court may administratively close an estate subject to probate. Therefore, even if the personal representative is not discharged, the administration of the estate remains suspended until a new court order determines otherwise. Administrative closure of an estate occurs in situations where the estate is not closed within the time limit initially set by the court. In most cases, the deadline is twelve months from the date of issuance of the letters of administration. It is also possible in situations where a personal representative dies, becomes mentally or physically unable to execute the inheritance, or simply loses interest in fulfilling the role. It is crucial to note that these provisions apply to successions executed under formal administration.
Under Florida summary administration, estate subject to probate is not opened or closed, as no personal representative is appointed. In summary administration, by duly notifying all interested persons, one of the persons concerned may request the court to issue a summary administration order. In this way, the court will direct the ownership of the decedent's assets in state custody to their rightful beneficiaries and heirs. Pursuant to Florida Statute Section 733.903, “The final liquidation of an estate and the removal of the personal representative shall not prevent further administration. The discharge order cannot be revoked based on the discovery of a will or a later will.
Florida Probate Rule 5,460 specifies that “if, after an estate is closed, additional property of the decedent is discovered or if additional administration of the estate is required for any other reason, any interested person may file a petition for further administration of the estate. It is crucial to note that “unless necessary, the court does not need to revoke the release order, reissue letters, or demand bail, only entering such orders as appropriate. Any interested person can ask the court to issue a summary administration order. Therefore, it is possible to transfer title to assets subject to legalization and redirect them to their respective heirs or beneficiaries. Anyone interested in the Florida will, or the Florida estate, can file a petition to reopen the estate. How do you do this? Trust attorneys know that a petition must be filed with the probate court explaining why the estate should be reopened. When an estate is administratively closed, the probate court generally withdraws, revokes, or rescinds “letters of administration” which gave authority to the personal representative to manage the estate.
Most likely, in addition to revoking letters of administration, will withdraw any order appointing personal representative. Therefore if you are reopening a Florida estate that has been administratively closed your request should be directed to who will serve as your personal representative. Once court grants your petition to reopen estate and once court appoints personal representative to manage Florida's estate then Florida probate process can continue. The first step in reopening an estate once court discovers additional assets is request further management. Any interested party can file this petition and party must file it in original administration's probate file. Typically an interested person is someone with financial interest in estate.
This usually creditor or heir. Court does not consider family member without financial interest in estate as interested person. Probate process by which court verifies validity deceased person's will and decides how their estate should be distributed. Record amply demonstrates appellant repeatedly but unintentionally raised his own objections and claims maladministration against PR throughout probate process. In type probate procedure estate deceased not opened or closed since no appointment personal representative. In any case guidance experienced attorney crucial identifying legally acceptable reasons reopening closed estate subject summary administration. Once request additional administration filed then court will review petition consider whether or not reopen closed estate.
To better understand your rights when additional assets found call probate attorneys Comiter Singer Baseman & Braun LLP (56) 626-2101 toll-free (800) 226-1484 free consultation about potential bankruptcy trust or estate. It important note that an estate cannot be reopened based solely discovery new will or will supposedly executed after will administered. Just because court has closed probate in Florida doesn't mean it can't be reopened. In this regard if relative deceased liquidated an estate and this relative had reason know that there were other members family (such cousins children siblings etc.) who should also...
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