how long does it take a lawyer to reopen a closed estate

How do you reopen a closed probate case?

Once those opportunities have passed, the estate can safely be closed. Unfortunately, however, there are still some circumstances that may arise that could create a need to reopen the estate.Five Reasons You May Need to reopen the estate. In order to reopen the estate, you must first have a valid and compelling reason.

What happens if you don't close a reopened estate?

Jun 08, 2015 · Sometimes it becomes necessary to reopen a probate estate after the closure of the estate and the Personal Representative has been discharged. Often, this occurs because assets or other estate property is discovered after the estate has settled, or for any number of other reasons. To reopen an estate for subsequent administration, the ...

How long does it take to reopen a case?

Nov 10, 2015 · Quoting givi. My question involves estate proceedings in the state of:TEXASif a Probate case was closed 40 years ago can a newly discovered heir reopen the case after 40 years to become a beneficiary ? This site seems to have some relevant information:http://www.texasinheritance.com/cont...ur-inheritanceIt appears that the statute of …

How long can an estate stay open after probate?

A closed probate case may be reopened if, the decision or order issued in the probate case contains an error of fact or law (including, but not limited to, a missing or improperly included …

How do you reopen an estate in PA?

To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate. The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened estate.Jun 8, 2015

How do you reopen an estate in Florida?

In order to reopen a closed estate, an interested party will have to file a petition for further administration. The petition must contain the following information: The petitioner's name.Jul 19, 2021

How do I reopen an estate in WV?

If an estate has been closed, state law allows it to be reopened by the executor or administrator under appropriate circumstances. Questions about property and other legal issues can be answered by calling 800-229-5068, the helpline for West Virginia Senior Legal Aid.Dec 4, 2019

Can you reopen probate in Florida?

A probate estate may be re-opened after it has been closed and the personal representative has been discharged for several reasons. If assets are discovered after an estate is closed, the estate may be reopened to probate the recently discovered assets.Jan 22, 2021

How long do you have to close an estate in WV?

There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.Aug 23, 2021

Is there a time limit to settle an estate in West Virginia?

West Virginia state law does not have a deadline for the maximum time allowed for the probate process to occur. In general, smaller, simple estates with no disputes between beneficiaries can be settled and closed within a matter of weeks.

How much does an executor of an estate get paid in WV?

In West Virginia, the estate executor is known as a "personal representative". If compensation is not specified in the will, West Virginia sets the executor fee as a percentage of the estate's assets (other than real estate) and any income generated by the estate: 5.0% for the first $100K. 4.0% for the next $300K.

Can an heir cash an insurance policy check that was discovered after the estate was closed?

It depends - if there is community property rules that apply, you may not be entitled to that entire amount, despite being an "heir/beneficiary" pe...

What if I don't sign a waiver to re-open an estate?

Asking for the waiver is not necessarily going to lead to contesting the will - contesting the will means that someone challenges the validity of t...

If you reopen a closed estate, are you required to publish a notice in a local newspaper as was done...

It depends. If you cannot serve all the parties, you may - but often times, you need the court's permission for substitute service.

Does my deceased partner's estate need to be reopened if a lien was found on the house he left to me...

It depends on your state, the will's language, etc. - this issue is too complicated to answer here.

What happens when I have gone through probate and find out that there was a beneficiary for the life...

It depends on what the beneficiary wants - perhaps it can be settled out of court. Otherwise, you may need to file a petition to reopen.

How can an estate be reopened if someone died without a will and new property is discovered?

It will be dealt with based on your state's intestate procedures. There isn't a single answer for this, unfortunately.

If a will is found after an estate is settled and two of three beneficiaries have signed quit claim ...

This is very complicated. It depends if fraud was involved, etc. The estate might need to be reopened in this case.

What is the average cost to reopen an estate?

There can be legal and filing fees. All of this is contingent on a multitude of factors.

Why do you need to reopen an estate?

In some cases, you may need to reopen the estate in order to recalculate the inheritances of the heirs as a whole. The assets may also need to be re-administered.

What assets can cause a reopening of an estate?

Assets that might cause a reopening of the estate include bank accounts, retirement accounts, stocks, bonds, or any other type of asset that was previously unknown. You discover a new, more recent version of the decedent’s will.

When it's done, it's done?

In most cases, the phrase “when it’s done, it’s done,” applies to the administration of an estate. California law outlines specific procedures that are designed to ensure all parties have an opportunity to come forward and voice concerns during an estate administration. Once those opportunities have passed, the estate can safely be closed.

Can new debt be reopened?

New debts will not always give rise to the reopening of an estate because there are statutes of limitations that apply to creditors making claims against estates. However, in some cases, it may be beneficial to incorporate the new debt, such as when it may benefit the estate or the heirs from a tax perspective.

What to do if your estate has been closed?

If you have issues with an estate that has been closed or you have found new assets, you can hire a probate attorney who can assist you on the next steps to take based on the laws of your state. This can be a complicated process, and an attorney can provide guidance to ensure everything is resolved. Sources:

How to know if an estate is closed?

You may need to contact the court where probate was handled, which is usually in the county where the deceased person lived . If the estate was not closed, you can proceed as normal. However, if the estate was closed, your next steps may be a bit more complicated.

What is the number to call after probate is closed?

1-800-959-1247. If you have concerns about how an estate was handled or if new assets are discovered after probate is closed, you may wonder what can be done. If you’re the executor of an estate, you may also want to know what can happen after your duties have been completed. It’s important to understand why some estates never close, ...

Why is my estate moving so slowly?

Another issue is a problem with the tax returns, which can lengthen the timeline by a year or even longer. If the estate has assets that are difficult to value or sell, the process can move slowly.

What happens if a will is contested?

Contested wills or beneficiaries who don’t work together can cause major delays. The executor may need court approval for every step if the beneficiaries don’t agree. If the beneficiaries don’t agree to the stipulations of the will or produce what might be another will, the court process can last for months.

What happens after a bank account is closed?

If the account is closed, you can find out if the bank will reopen it without an order from the court. What happens after the closing of probate will depend primarily on state law. Some states follow the Uniform Probate Code, which allows a person to file a petition with the probate court to have the estate reopened.

Who has the right to file an objection to the executor of an estate?

During this time, beneficiaries and creditors have a right to file a claim against the estate or the executor. Each state has its own timeline for how long someone has to file an objection to the actions of the executor.

How to reopen an estate for administration?

To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate . The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened estate.

Why do you have to reopen a probate estate?

Often, this occurs because assets or other estate property is discovered after the estate has settled, or for any number of other reasons.

How Long After an Estate is Closed Can You Reopen Probate

My question involves estate proceedings in the state of:TEXAS if a Probate case was closed 40 years ago can a newly discovered heir reopen the case after 40 years to become a beneficiary ?

Re: Reopen a Probate

Given that any records related to this were probably rat bedding/food 30 years ago, I don't see you being successful. I don't see anything in Texas law that would allow it either.

Re: Reopen a Probate

My question involves estate proceedings in the state of:TEXAS if a Probate case was closed 40 years ago can a newly discovered heir reopen the case after 40 years to become a beneficiary ?

Re: Reopen a Probate

if a Probate case was closed 40 years ago can a newly discovered heir reopen the case after 40 years to become a beneficiary ?

Re: Reopen a Probate

In January, 2014, the law changed to declare heirship and there is no longer a statute of limitations to reopen probate in certain cases.

Re: Reopen a Probate

In January, 2014, the law changed to declare heirship and there is no longer a statute of limitations to reopen probate in certain cases.

When did the probate court close the estate?

So, although the probate court closed the estate in February 2015 and discharged the personal representative, two years later the beneficiary tried to file a new lawsuit. Essentially, the beneficiary said the now-discharged personal representative and the law firm he hired to represent the estate committed “embezzlement” ...

What is the law in Florida that states that a personal representative must be discharged?

The law in question, Section 733.901 of the Florida Statutes, states that once the administration of an estate is completed , the court must discharge the personal representative. And this discharge “shall release the personal representative and shall bar any action against the personal representative, as such or individually.”.

Can you sue a personal representative after discharge?

In other words, you cannot sue the personal representative for an estate-related matter once the court grants the discharge. Now, this isn’t an absolute rule. As the First District explained, there are situations where a personal representative can be sued post-discharge. Typically, these are cases involving “fraud and intentional ...

Is the probate court reopening the estate?

The probate court declined to reopen the estate, citing a provision of Florida law that generally bars lawsuits against a personal representative after a discharge is granted. The beneficiary appealed, but the Florida First District Court of Appeal agreed this estate should remain closed.

What happens to income after probate?

After Probate, the income would go to whoever got the property at the close of the estate, unless some other arrangement was made by the Will . If the income is attributable to a piece of...

How long are letters of authority valid?

In some states, Letters of Authority remain valid for some period of time, even after the estate is closed.#N#As a practical matter, if you try to cash checks, for instance, the bank may insist on...

Elizabeth Smith Schmitz

If a final and distributive account has been filed and all of the heirs were notified of the filing then once that account is approved by the court the heirs can no longer object. It sounds like what might be happening here is that the final account was filed a...

David Hamlin Madden

In the states where I have some knowledge of this, a probate can be re-opened. This might occur because a new asset of the deceased becomes known and must be distributed.

Why is it so hard to open a deceased person's estate?

Opening a deceased relative's closed estate is challenging because you have to give the court a valid reason to reopen it. Give your local courthouse documented proof of your recently discovered reason. Let the court know everything you uncovered and allow it some time for an objective decision.

What to do if your deceased husband's taxes aren't paid off?

If his taxes aren't paid off, you could be responsible for paying the difference.

Do you need to file a death certificate?

You don't need to file the death certificate because the death is already documented, but the judge needs to see the certificate personally. Update the will to include the new information after the judge makes a ruling. Divide the assets according to the most current will's provisions for heirs and beneficiaries.