Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an estate closes, the Orphans’ Court issues a final order and distributes assets to the heirs and beneficiaries. Sometimes new assets emerge after closing: bank accounts, life insurance proceeds, real property, or refunds. Maryland law permits certain interested persons to reopen a closed estate to recover these assets.
Step 1: Confirm You Are an Interested Person
Under Maryland law, an “interested person” includes an heir, beneficiary, personal representative, or creditor. Heirs must fall within the class listed in Md. Code Ann., Estates & Trusts § 1-201. If you qualify, you may petition the court.
Step 2: Gather Documentation of Newly Discovered Assets
Compile evidence such as bank statements, insurance policies, deeds, or correspondence. Prepare a sworn affidavit describing when and how you discovered each asset. Courts value clarity and timeliness.
Step 3: File a Petition to Reopen the Estate
Submit your petition in the Orphans’ Court of the county where the decedent resided. Cite Md. Code Ann., Estates & Trusts § 7-801, which authorizes the court to revoke letters and reopen an estate. Your petition should:
- Identify the decedent and original probate case number.
- State your relationship to the decedent.
- Detail each newly discovered asset with estimated values.
- Attach your affidavit and supporting documents.
- Include a proposed order to reopen the estate.
Step 4: Serve Notice on Interested Parties
Maryland Orphans’ Court rules require service of the petition on all heirs, beneficiaries, and the personal representative. File proof of service with the court.
Step 5: Attend the Hearing and Obtain the Court Order
The court typically schedules a hearing within 30 days. Present your evidence. If the judge finds good cause, the court will sign an order reopening the estate.
Step 6: Handle the Assets
Submit the signed order to the Register of Wills. The court may require a bond or an amended estate account. After compliance, the register can process and distribute the recovered assets to the rightful heirs.
Helpful Hints
- Act promptly: Some counties impose strict deadlines.
- Maintain organized records of all documents and communications.
- Verify asset details independently (bank confirmations, title searches).
- Consider consulting a probate attorney for complex estates.
- Check the Register of Wills’ website in your county for local forms and fees.