B. REOPENING ESTATES
The following procedures must be complied with to reopen a closed estate.
A $50 filing fee is required to reopen a closed estate.
1. CLOSED BY ORDER OF DISCHARGE
(a) NO LETTERS NEEDED
File a Petition for Subsequent Administration & Order for Subsequent
Administration. The assets and beneficiaries should be described with
specificity but no account numbers or other personal identifying information,
e.g. social security number or taxpayer identification number, of the decedent
or beneficiary shall be provided.
(b) LETTERS TO BE REINSTATED
File a Petition to Reopen & Order to Reopen for Further Administration.
Pertinent language in the Petition to Reopen must include to revoke the order
of discharge and reinstate previous letters. As long as the personal
representative remains the same, the Clerk’s office will use the old Letters in
the file with a new certification. If the personal representative is a different
individual, then the successor personal representative will need to submit an
Amended Petition, an Oath of Personal Representative, and proposed Letters
of Administration. To re-close the estate, a Petition and Order for Discharge
must be filed.
(c) NEWLY DISCOVERED ASSETS IN CONTEXT OF SUMMARY
ADMINISTRATION
When a new asset is discovered and an order has already been entered by the
Court, the petitioner can file an Amended Petition for Summary
Administration, provided the newly discovered asset when added to the
existing probate estate does not exceed the statutory threshold for that type of
estate administration. A proposed Order of Summary Administration should be
provided to the court for entry.
2. CLOSED BY COURT ORDER/LACK OF ACTIVITY (SUA
SPONTE)
File Petition and Order To Reopen File and closing papers necessary to
complete administration