Petition to reopen estate florida form 2026

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  1. Click ‘Get Form’ to open the petition to reopen estate Florida form in our editor.
  2. Begin by filling in the deceased's name and case number at the top of the form. This information is crucial for identifying the specific estate.
  3. In the first section, provide details about the deceased, including their date of passing and the name of the personal representative. Ensure accuracy as this establishes your authority.
  4. Next, describe the newly discovered asset in detail. Clearly state when and how you learned about it, as this supports your request to reopen the estate.
  5. Complete the section requesting reissued Letters Testamentary or Special Letters of Administration. This is essential for legally administering any new assets.
  6. Finally, sign and date the petition at the bottom. If applicable, have a notary public witness your signature to validate your submission.

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Florida courts may reopen a case based on newly discovered evidence, but there are strict conditions: The evidence must be truly newnot something that could have been discovered with reasonable diligence during the original case. It must be material enough to potentially alter the outcome.
File the Petition for Discharge Florida Probate Rule 5.400 lays out that the petition for discharge acts as the estate executors formal statement to the court that you have fully administered the estate and are seeking discharge.
Determine if the estate is truly closed. Review the probate file at the Superior Court of California in Orange County. Was an order entered that discharged the executor in charge of administering the estate? If the estate is still open, you can reopen the estates bank account and make the deposit.
Other Fees Fee TypeCost Registry of Court (placing funds into the registry) First $500 3% Registry of Court (placing funds into the registry) Each subsequent $100 1.5% Reopen Fee Reopen Fee Exemptions $50 Sealing any court file or expungement of record $4210 more rows
Reopen if you discover an asset. This is the most common reason for reopening an estate. For example, you may discover a bank account, retirement account, bonds, or some other type of asset after the estate has been closed. If so, you can petition the court to reopen the estate.

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People also ask

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.
If there are no objections, and the petition is in order, the court closes the estate. Once probate is closed, assets can be divided between the beneficiaries. The personal representative can then apply to be relieved of their duties. At this point, theyre no longer personally responsible for the estate.
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.

petition to reopen estate