Detailed Answer
In Florida, heirs and other interested persons may petition the probate court to reopen a closed estate to recover assets discovered after final distribution. For example, if an heir discovers a bank account or real property that was not listed in the original inventory, they can file a petition under Florida Statutes Section 733.710 (Fla. Stat. § 733.710), which allows a verified petition within two years of the final order, or at any time for reasons such as fraud, duress, mistake, or other irregularities that prevented timely action.
1. Identify Eligible Petitioners and Grounds
“Interested persons” include heirs, beneficiaries, creditors, and devisees (see Fla. Stat. § 733.201(23)). Grounds for reopening include discovery of unclaimed assets, newly discovered creditors, fraud, mistake, or material irregularities in the original proceeding.
2. Draft and File the Petition
File a Verified Petition to Reopen Estate in the county where probate was closed. The petition should include:
- The case caption and file number
- A statement of the petitioner’s interest
- Detailed facts on the unclaimed asset or irregularity
- Grounds under Fla. Stat. § 733.710
- A request for relief and signature under oath
3. Serve Notice and Pay Fees
Serve the personal representative and all interested persons according to Florida Rules of Probate Procedure. Pay the applicable filing fee determined by the county clerk’s office.
4. Attend Court Hearing and Reopen Estate
The court schedules a hearing. If the judge finds sufficient grounds, the court will vacate the final order and reopen the estate. The personal representative (or court-appointed representative) then gathers and distributes the newly discovered assets according to Florida law and the will or intestacy rules (Fla. Stat. § 732.103 sets out intestate succession).
Helpful Hints
- Locate the original probate file number before drafting your petition.
- Gather certified documentation of the unclaimed asset (bank statements, deeds, etc.).
- Observe all deadlines: two years from the final order for general petitions.
- Provide accurate service addresses for all interested persons.
- Prepare for potential opposition by the original personal representative.
- Consider hiring a probate attorney for complex estates or disputes.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.