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Detailed Answer

Under New York law, a closed estate may reopen when heirs or other interested persons discover additional assets. The Surrogates Court Procedure Act (SCPA) 7 223 authorizes the court to set aside its final decree and administer newly located property: SCPA 7 223. This process ensures rightful beneficiaries can claim assets overlooked during the original administration.

Who Can Petition?

Any “interested person” may petition. This includes heirs, beneficiaries named in the will, or creditors with claims against the estate.

Grounds to Reopen the Estate

• Discovery of new assets after the final decree.
• Evidence of fraud, misrepresentation, or clerical error in the original proceedings.
• Invalid or incomplete notification of interested parties.

Filing the Petition

1. Identify the Surrogates Court that closed the estate and locate the index number.
2. Prepare a verified petition stating the factual basis (for example, description and value of the newly discovered asset).
3. Attach supporting documents, such as asset titles, bank statements, or affidavits.
4. Serve the petition and supporting papers on the original executor, other heirs, and creditors per SCPA 7 219.
5. File proof of service and pay the required filing fee to the county clerk.

Post-Petition Court Process

After filing, the court schedules a hearing. Notice typically appears in the court record and may require publication. Opposing parties may object. If the court grants the petition, it issues an order reopening the estate. The court may reappoint the original executor or appoint a special administrator under SCPA 7 207. The reopened estate then collects and distributes the newly found assets to rightful parties.

Disclaimer: This article is educational and does not constitute legal advice. Consult a qualified attorney before taking action.

Helpful Hints

• Act promptly: New York may impose deadlines for reopening an estate.
• Document your discovery: Gather clear evidence of the assets existence and value.
• Notify all interested parties to avoid delays or objections.
• Consider hiring a probate attorney to navigate complex procedures.
• Review local Surrogates Court rules; procedures vary by county.
• Maintain copies of all filed documents and receipts.
• Confirm any additional fees or bond requirements before filing.