FastCounsel

Detailed Answer

Under Tennessee law, a closed probate estate may reopen when an heir discovers assets that the personal representative did not administer. Tennessee Code Annotated § 30-2-306 allows a court to set aside a final decree and revest an estate’s assets upon a showing of fraud, mistake, accident or newly discovered assets within three years of the decree. After three years, an estate may still reopen if the court finds good cause, such as serious fraud or concealment (T.C.A. § 30-2-311).

Here’s how heirs can petition the court to reopen a closed estate in Tennessee:

1. Confirm eligibility and timing: Confirm that the estate closed less than three years ago or that you have evidence of fraud or concealment. Review T.C.A. § 30-2-306 for deadlines and grounds.
2. Gather documentation: Collect proof of the unclaimed asset (bank statements, stock certificates, real‐estate deeds) and any evidence showing it was omitted.
3. Draft your petition: File a “Petition to Reopen Estate” in the probate court that issued the final decree. The petition must:
   • Identify the original estate and docket number;
   • Explain the reason for reopening (new asset, mistake or fraud);
   • List all known heirs and devisees;
   • Attach supporting exhibits.
4. Provide notice: Serve the personal representative, all heirs, devisees and known creditors. Tennessee Rule of Probate Procedure 23.01 requires at least 10 days’ notice before the hearing.
5. File bond if required: The court may order a new bond for the personal representative to protect against mismanagement of newly discovered assets.
6. Attend the hearing: Present evidence of the unclaimed assets and grounds for reopening. If the court finds sufficient proof, it will enter an order reopening the estate.
7. Administer the asset: The personal representative must inventory, appraise and distribute the newly discovered property. Priority follows T.C.A. § 30-2-601 for debts, expenses and residuary distributions.

Helpful Hints

• Check the original probate file for any mention of undistributed assets.
• Search the Tennessee Department of Treasury’s Unclaimed Property website for missing funds.
• Act quickly: Tenn. Code Ann. § 30-2-306 imposes a three-year deadline.
• Keep clear records of mailings, filings and receipts for service of process.
• Be ready to explain why the asset was omitted originally (oversight, newly discovered documents, etc.).
• Consider hiring a probate attorney if multiple heirs or large assets are involved.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult an attorney licensed in Tennessee for guidance on your specific situation.