Can a Probate Case Be Reopened After It’s Closed in Florida?

Dealing with probate after the loss of a loved one can be a challenging experience. It’s not uncommon for questions to arise even after a probate case has been closed. Maybe you’ve discovered a hidden bank account, or you suspect the probate process was mishandled. In these situations, many people wonder: Is it possible to reopen a probate case in Florida after it’s been closed?

The short answer? Yes, you can. But it’s not as simple as showing up at the courthouse and asking them to take another look. There are rules, and there are exceptions to those rules.

When is a Probate Case Really “Closed” in Florida?

To understand when and how a probate case can be reopened, it’s important to first recognize what constitutes a closed case in Florida. A probate case is typically considered closed when:

1. The personal representative files a Petition for Discharge
2. A final accounting and plan of distribution are submitted
3. The court enters an Order of Discharge

Once these steps are completed, the estate is considered closed, and the personal representative is relieved of their duties.

Legal Basis for Reopening Probate in Florida

Florida law provides a foundation for reopening closed probate cases. The key statute to consider is Florida Statute 733.903, which states:

“The final settlement of an estate and the discharge of the personal representative shall not prevent further administration.”

This law essentially leaves the door open for reopening probate cases when necessary. However, it’s important to note that the same statute also specifies:

“The order of discharge may not be revoked based upon the discovery of a will or later will.”

This limitation means that finding a new will after the estate is closed is not grounds for reopening probate in Florida.

Common Reasons for Reopening Probate in Florida

While discovering a new will isn’t sufficient, there are several valid reasons to reopen a probate case in Florida:

1. Discovery of Additional Assets

One of the most common reasons for reopening probate is the discovery of assets that were unknown or overlooked during the initial probate process. For example, if a bank account or piece of real estate is found after the estate is closed, the probate case may need to be reopened to properly distribute these assets.

2. Fraud or Concealment

If there’s evidence that the personal representative or another party committed fraud or intentionally concealed information during the probate process, this can be grounds for reopening the case. The Florida case of Sims v. Barnard (2018) established that fraud by concealment can overcome the statutory bar on reopening probate cases.

3. Creditor Claims

In some cases, a creditor who was entitled to notice of the probate proceedings but didn’t receive it may have grounds to reopen the case to pursue their claim against the estate.

4. Errors in Administration

Significant mistakes or irregularities in the probate administration process can sometimes justify reopening a case. This might include errors in asset valuation or distribution.

5. Subsequent Administration Needed

Sometimes, further administration of the estate becomes necessary even after closure. This could be due to various reasons, such as the need to file amended tax returns or deal with ongoing litigation involving the estate.

How to Reopen Probate in Florida

If you believe you have grounds to reopen a probate case in Florida, here’s what you need to know about the process:

1. File a Petition: An interested party must file a petition for further administration with the court. This petition should be filed in the same probate file as the original administration.
2. Provide Necessary Information: The petition must include:
   • The petitioner’s name, address, and interest in the estate
   • The reason for further administration
   • A description, approximate value, and location of any newly discovered assets
   • A statement of the relief sought
3. Court Review: The court will review the petition and may schedule a hearing if necessary.
4. Court Order: If the court finds sufficient grounds, it will issue an order allowing further administration. This order may or may not revoke the previous discharge of the personal representative.

Limitations on Reopening Probate

While Florida law allows for reopening probate cases, there are some important limitations to keep in mind:

1. Time Limits: While there’s no specific statute of limitations for reopening probate in Florida, the passage of time can make it more difficult to justify reopening a case.
2. New Wills: As mentioned earlier, discovering a new will after probate is closed is not grounds for reopening the case in Florida.
3. Finality of Distributions: If assets have already been distributed to beneficiaries, it can be challenging to recover them, even if the probate case is reopened.

While it is possible to reopen a closed probate case in Florida, it’s not a simple or routine process. Valid reasons, such as newly discovered assets, fraud, or the need for further administration, can justify reopening a case. However, the courts generally favor the finality of probate proceedings, so the burden is on the petitioner to demonstrate why reopening is necessary and justified.

If you find yourself in a situation where you believe a closed probate case needs to be reopened, seek professional legal advice. Our experienced probate attorneys at Vollrath Law can help you understand your options. Give us a call today, and let’s talk about your case.