You've just received the Order of Discharge from the Florida probate court, thinking your loved one's estate matters are finally settled. Then, you discover a forgotten bank account. Or, you learn that a rightful heir wasn't notified of the proceedings. Is it too late to address these issues after a probate case is closed?
Our Palm City estate lawyers recognize that life seldom fits into neat legal boxes. While state law generally favors the finality of these proceedings, specific situations may require you to reopen probate in Florida after it’s been closed. Understanding these exceptions helps protect your rights, whether you're a personal representative handling newly discovered assets or a beneficiary excluded from distribution.
Legal Framework for Reopening Florida Probate
Florida Statute § 733.903 states, "The final settlement of an estate and the discharge of the personal representative shall not prevent further administration." In other words, just because an estate was closed doesn’t mean you can’t reopen probate in Florida if needed.
After a probate case is closed, however, you cannot reopen the estate simply because you found a new or different will after everything was finished.
Florida Probate Rule 5.460 outlines the procedural mechanism for reopening a closed case. You must file a petition in the same probate file as the original administration, stating your interest in the estate, the reason for further administration, and details about any newly discovered assets.
Discovery of New Assets
One common reason for reopening probate in Florida is finding previously unknown assets. Imagine discovering stock certificates worth $50,000 hidden in your father's vacation home two years after his estate was settled. Since these assets weren't included in the original probate, they legally remain part of the estate and must go through probate to transfer correctly.
Florida courts typically won't revoke the personal representative's original discharge or require a new bond unless special circumstances exist. Instead, it will issue orders focused specifically on administering the newly discovered assets.
Fraud and Concealment
Evidence of fraud is perhaps the most compelling reason a Florida court will reopen probate. While Florida law favors finality in probate matters, courts won't allow that principle to shield those who intentionally deceived the court or other interested parties.
In Sims v. Barnard (2018), Florida's First District Court of Appeal clarified that section 733.901 "does not serve as an absolute bar to suits filed after the discharge of the personal representative." The court explained that Florida applies a "modified res judicata concept" in probate cases, which doesn't protect personal representatives who committed fraud by concealment.
For example, if a personal representative deliberately hid valuable assets or intentionally excluded known heirs from notifications, Florida probate courts may reopen the case even years after its conclusion. Similarly, failing to disclose a subsequent will before closing the estate qualifies as fraud.
Missing Heirs or Beneficiaries
Florida law provides recourse when someone entitled to inherit from an estate is left out of the probate process. Wallace v. Watkins (2018) addressed exactly this scenario, where the decedent's adopted children weren't notified of probate proceedings or included in asset distribution.
They petitioned to reopen probate under Florida Statute § 735.206(g), which states that any heir "lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings."
The Fifth District Court of Appeal affirmed the trial court's decision to grant their petition, notably rejecting the argument that it was time-barred by Florida's nonclaim statute. The court clarified that "Florida's nonclaim statute applies to claims brought against the estate by creditors. It does not apply to the beneficial interests of heirs."
Creditor Claims to Reopen Probate in Florida
Creditors who were entitled to notice but didn't receive it may sometimes have grounds to reopen a closed probate case. However, Florida's nonclaim statute (§ 733.710) creates an absolute bar to claims filed more than two years after the decedent's death, regardless of whether proper notice was given.
How to Reopen a Probate Case That’s Closed
To reopen a closed probate case, you must file a petition for subsequent administration in the same probate file as the original administration, including:
- Your name, address, and interest in the estate
- The specific reason for requesting further administration
- A description and approximate value of newly discovered assets, if applicable
- A clear statement of the relief you're seeking
The probate court will review your petition and may schedule a hearing. If sufficient grounds exist, it will issue an order allowing further administration.
Time Considerations for Reopening Florida Probate
While Florida doesn't have a specific statute of limitations for reopening probate, the passage of time can make the process more challenging. Courts expect petitioners to act with reasonable diligence once they discover grounds for reopening.
In the Wallace v. Watkins (2018) case discussed above, the court allowed reopening an estate after 15 years, but such situations are exceptional. The more time passes, the stronger your evidence needs to be to justify reopening probate, particularly when alleging fraud. Additionally, if estate assets have been transferred to bona fide purchasers who bought in good faith, those transfers may be protected even if probate is reopened.
Consult a Palm City Estate Lawyer
Reopening Florida probate requires specialized legal knowledge. At Beacon Legacy Law™, our Palm City estate lawyers can evaluate your situation and determine whether you have valid grounds for reopening a closed probate case.
Our team is particularly skilled at handling cases involving recently discovered assets, potential fraud or concealment, missing heirs, and complex creditor claims. We understand each case's unique nature and approach each situation with sensitivity to both legal requirements and personal dynamics.