An estate is a plan for the distribution of property, belongings, and money after someone is dead.When an estate is fully administered and closed, it stays that way.Sometimes an estate needs to be reopened.You can find other estate assets.If you have the right amount, type and form of ownership, you can collect them.In some cases, the reopening of an estate is required in order for a new creditor or will to appear.
Step 1: If you discover an asset, reopen.
The most common reason for reopening an estate is this.After the estate has been closed, you may find a bank account, retirement account or some other type of asset.You can ask the court to reopen the estate.The asset has been titled in the deceased's name.Vehicles, boats, bank accounts, and investment accounts should have documentation identifying the owner.Other assets do not.Look to see who the beneficiary is.Retirement accounts have designated beneficiaries.If that is the case, you won't need to reopen the estate.You will have to collect the assets for the estate if they don't have a designated beneficiary.
Step 2: If you discover a new debt, reopen the estate.
Someone who lent the money could make a claim for payment from the estate.These are often fraudulent debts, so be sure to check the validity of the claim.You may need to reopen the estate in certain circumstances.Determine if the claim is timely.During the administration, the personal representative should have given notice to their potential clients in the form of a newspaper or direct mail.There was a certain amount of time to file a claim.They can't attempt to collect on the debt if they file too late.If the estate is responsible for the debt, it's a good idea to consult a lawyer.
Step 3: If all assets were not distributed, the estate should be reopened.
All assets may have been closed without proper distribution to heirs or beneficiaries.You can ask the court to reopen the estate.You have a copy of the will.Check to see if a gift was given to a beneficiary.The will does not list all of the assets in the estate.If the personal representative committed fraud or other wrongdoing, you will have a strong case to reopen the estate.
Step 4: It is possible to reopen after the discovery of a will.
You can find a new will when you go through the deceased's belongings.A court will refuse to grant revocation if a new will has been discovered.You should look at the situation.The new will must be valid.It should have been signed in your state.In most states, at least 2 people must witness the signing of the will.The will must have been written before the will that was executed.It is not valid if not.The personal representative may need to recover gifts from the initial beneficiaries if the estate has already been distributed.
Step 5: Should we reopen for a new heir?
When someone passes away, previously unknown heirs come out of the woodwork.Should the estate be reopened if a new heir steps forward?The heir should be mentioned in the will.They can't inherit if not.Most states do not require a person to name every heir.In community law states, spouses don't have to be mentioned in the will.The heir could inherit under the state's intestacy laws if there was no will.Analyze the law in your state.In Texas, you can only reopen the estate if the property was not part of the will.The heir notice may be given by the personal representative.You might need to reopen the estate for further administration if not.If the heir received notice, they should have pressed their claim.
Step 6: If you need to reopen for litigation, check it out.
A wrongful death lawsuit can be brought for the death of a loved one.The estate could be sued for any wrongdoing committed by the deceased.You may need to reopen the estate.
Step 7: You should consult with a lawyer.
You should meet with an experienced attorney if you ever have a question.Laws can vary by jurisdiction.Only an attorney can offer tailored advice.If you want a referral, contact your local or state bar association.You can schedule a consultation once you have the name of the person.
Step 8: You should check if you can file the petition.
You need to apply for a petition to reopen the estate after it has been closed.No one can file this petition.Only interested parties can file.Someone with a property right or financial interest at stake is an interested party.Interested parties may need the personal representative's permission to reopen the estate in some states.The personal representative can petition to reopen the estate.
Step 9: You need to complete a petition.
You can fill out the petition form in your court.You can check with the court on their website.You will need to draft your own petition if no form is available.Background facts about the dispute should be provided in your petition.Court documents look a certain way.You can find sample petitions online.If you find it difficult, you should talk to an attorney.
Step 10: You can file the petition.
You should make several copies, one for your records.The original and copies should be taken to the probate court.To file, ask.It is possible that you will have to pay a filing fee.Call the court in advance.
Step 11: It's time to serve notice.
You may need to serve a copy of the petition on the heirs who were listed in the original petition.You must certify that you have served notice.A process server can fill out a certificate of service for you and return it to you.
Step 12: Give any newly discovered wills.
If you are named the personal representative after the estate has been reopened, you must give all interested parties a copy of any newly discovered will.The judge will hold a hearing to determine if the will is valid if they don't consent to it.
Step 13: Determine the value of newly discovered assets.
The personal representative is in charge of all assets.An inventory of recently discovered assets can be created.You may need to have them appraisals as well.You need to file an inventory with the court or give it to interested parties.
Step 14: Keep detailed records.
Personal representatives have to account for money and property.Keep accurate records even if the estate is small.You may need to keep receipts for all your expenses.You should consult with a lawyer or accountant if you have questions.The judge and court staff are not allowed to give legal advice.It's possible to get professional help if you pay your lawyer or accountant out of your estate assets.
Step 15: Distribute assets.
You need court approval to distribute assets in some states.If the estate owes taxes, you should hold back enough to cover them.If you have questions about taxes, you should consult with an accountant.You have to file the estate's tax returns as the personal representative.
Step 16: In a timely manner, close the estate.
You should consult your state's law.You have to close a reopened estate within a year in Michigan.The court requires required reports to be filed.