Detailed Answer
In California, heirs who discover unclaimed assets after an estate closes can ask the court to reopen the estate under California Probate Code Section 12400. This statute allows an interested person to set aside the order of final distribution and administer newly found property.
- Identify Interested Parties and Assets. Determine who has a legal interest in the estate and gather documents showing the newly discovered assets, such as bank statements or stock records.
- Locate the Original Case File. Find the probate file number and the court that handled administration. Request a copy of the file from the county probate clerk’s office.
- Prepare and File a Petition. Draft a “Petition to Set Aside Order of Final Distribution and to Reopen Administration of Estate.” Cite Cal. Prob. Code § 12400. Include facts, asset descriptions and your relationship to the decedent.
- Serve Notice. Serve the petition and a notice of hearing on all beneficiaries, heirs and known creditors in accordance with Probate Code service rules.
- Attend the Court Hearing. Present evidence of the unclaimed assets. The judge will assess whether reopening the estate protects the interests of all parties.
- Reopen and Administer the Estate. If the court grants the petition, it issues an order reopening the estate. You must then inventory and appraise the assets under court supervision and distribute them according to the will or, if none exists, California’s intestate succession rules.
Reopening a closed estate may involve court fees, bond requirements and strict deadlines. Always check local court rules for specific procedures and timelines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified probate attorney.
Helpful Hints
- Start early: Gather all relevant financial records and asset documents promptly.
- Review the original court order for any statutory reopening deadlines.
- Contact the probate court clerk to confirm local filing requirements and fees.
- Ensure correct service on all interested parties to avoid delays or challenges.
- Consider hiring a probate attorney to navigate complex assets or disputes.