Can a Closed Florida Probate Estate Be Reopened?
Yes. Florida law states that the final settlement of an estate and the discharge of the personal representative do not prevent further administration. Any interested person may petition for further administration when additional property of the decedent is discovered or further administration is required for any other reason.
The Florida Probate Rules set out the procedure. The petition must be filed in the same probate file as the original administration. It must state the petitioner's name, address, and interest in the estate, the reason further administration is needed, the description, approximate value, and location of any asset not included in the prior administration, and the relief sought.
The court then enters the orders it finds appropriate. Unless required, the court need not revoke the order of discharge, reissue letters, or require a bond. The committee notes to the rule describe the procedure as one that may be summary in nature.
The statute also sets a limit. An order of discharge may not be revoked based on the discovery of a will or a later will.
An example of a reason for further administration is an asset of the decedent that was not known while the estate was open. The steps of the original administration are summarized in the duties involved in probate administration, and the usual timeline is covered in how long probate takes in Florida.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.
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