Probate Law- Subsequent Administration: Opening a Closed Probate Estate
Posted on Jun 8, 2015 11:20am PDT
How you recently discovered an additional asset of a deceased loved one?
Sometimes it becomes necessary to reopen a probate estate after the closure
of the estate and the Personal Representative has been discharged. Often,
this occurs because assets or other estate property is discovered after
the estate has settled, or for any number of other reasons. To reopen
an estate for subsequent administration, the interested party, often the
Personal Representative must petition the probate court to reopen the
estate. The probate court may re-appoint the same Personal Representative
or another personal representative to administer the subsequently opened
estate. Unless the court orders differently, a new Personal Representative
must comply with the other provisions of the probate code. It is important
to note that any claims that were barred in prior administrations of the
estate may not be asserted in this or any other subsequent administration.
Once matters that required the estate to be reopened have been addressed,
the subsequent estate must be closed. This closing and settling of the
subsequent estate follows many of the same steps as closing the original estate.
If a loved one’s estate has newly discovered assets, the
probate attorneys at Finkel Law Firm LLC can assist in opening and closing a subsequent
estate. For more information, please
contact us to schedule a
consultation.