Probate courts in Florida have substantial amount of discretion when it comes to the decision of whether to re-open an estate that was previously closed. In most cases, a probate estate is reopened when new assets are discovered that weren’t discovered at the time the original estate was administered.
There is a provision of Florida law, F.S. 733.903, that expressly allows this process, called “subsequent administration.” It states that a “final settlement” of and estate and the discharge of the personal representative does not prevent further administration of the estate. However, the law also states that an order of discharge won’t be revoked on the basis of a newly discovered will or later will.
However, if such action is going to be taken, it’s very important to consult with an experienced Fort Lauderdale probate attorney. Continue reading