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Need to reopen probate case in Florida...help!!

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szumowskip

Junior Member
Please help. My dear Mom passed away in Dec 2008 without a will. The court closed the probate in January 2011. She has a checking account with about $1800 in it that I would like to get to so I can give it to my sister. I was told I need to petition the court to re-open the probate. I have done some internet research, and I need to file a petition to reopen form but I have not been able to find a form. I would like to do this myself (not through an attorney). Does anyone have any advice?

Thank you.
 


Silverplum

Senior Member
Please help. My dear Mom passed away in Dec 2008 without a will. The court closed the probate in January 2011. She has a checking account with about $1800 in it that I would like to get to so I can give it to my sister. I was told I need to petition the court to re-open the probate. I have done some internet research, and I need to file a petition to reopen form but I have not been able to find a form. I would like to do this myself (not through an attorney). Does anyone have any advice?

Thank you.
This site http://www.sarasotaclerk.com/?Page=52 states: "Forms are available through the Law Library or the Florida Bar Association."

So you could contact the clerk of the court in Mom's county, and request the forms. :)

This, also from Sarasota, is guidance on reopening probate, specifically fee info: http://www.sarasotaclerk.com/FileLib/ProReopen.pdf.

More helpful info:
FL Courts Self-Help, probate section: http://www.flcourts.org/gen_public/family/self_help/probate.shtml

Rules of Probate Court, from the FL Bar: http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/6C2FEF97C5969ACD85256B29004BFA12/$FILE/Probate.pdf?OpenElement
 

Ohiogal

Queen Bee
Please help. My dear Mom passed away in Dec 2008 without a will. The court closed the probate in January 2011. She has a checking account with about $1800 in it that I would like to get to so I can give it to my sister. I was told I need to petition the court to re-open the probate. I have done some internet research, and I need to file a petition to reopen form but I have not been able to find a form. I would like to do this myself (not through an attorney). Does anyone have any advice?

Thank you.
Not everything has a form. You might have to research how you write this from scratch.
 

tranquility

Senior Member
Not everything has a form. You might have to research how you write this from scratch.
I agree. While there may be forms that accompany the motion, this will almost assuredly be a motion written from scratch. (Although there may be examples of others on the internet.)
 

tranquility

Senior Member
I quote myself:



:cool:
Except that reopening probate is not done with a "form". One must petition the court and the court "may" decide to reopen the estate. That means the petition must include the information and arguments, including points and authorities, as to why the court should reopen the estate and appoint the petitioner or alternate as the administrator. In the 8th district, the things the court will require to be answered in the petition are on a checklist at:
http://circuit8.org/web/forms/probate/estate/subadm.pdf

In the 17th district, local rules require (http://apps.17th.flcourts.org/Local_Procedures_Revision_January_2010.pdf):
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
There is not just a form to reopen an estate.
 

Zigner

Senior Member, Non-Attorney
I would also think that creditors who may have had to take a loss will have first claim to the additional assets that have been discovered.
 

szumowskip

Junior Member
Thanks everyone. BTW I did contact the Probate Court in my Mom's county and they told me that there was no specific form to reopen a case, and that I would have to research online myself. :rolleyes:
 

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