Detailed Answer
Under
Applicable Statute
Ala. Code § 43-2-420 allows reopening a closed estate for newly discovered assets. See Ala. Code § 43-2-420.
Who Can File?
- Heirs of the decedent under the will or intestacy.
- Personal representatives if previously appointed.
- Creditors or other interested parties with a direct interest in the estate.
Grounds for Reopening
- Discovery of unclaimed bank accounts, real estate, or personal property.
- Errors or omissions in the original inventory or appraisal.
- Evidence of fraud, mistake, or newly found facts affecting distribution.
Filing Procedure
- Draft a petition stating the legal basis and detailed facts (citing Ala. Code § 43-2-420).
- Attach an affidavit describing the newly discovered assets and their value.
- Serve all interested parties—including heirs and creditors—as required by Ala. Code § 43-2-421.
- File the petition and related documents with the same probate court that closed the estate.
Notice and Hearing
The court schedules a hearing and requires formal notice to all interested parties. At the hearing, present evidence of the discovered assets and explain why reopening is warranted.
Timeline and Court Order
If the court finds valid grounds, it issues an order reopening the estate. The estate receives a supplemental inventory and notice period for creditors. After addressing the newly discovered assets, the court enters a final distribution order and formally closes the estate again.
Disclaimer: This article provides general information under
Helpful Hints
- Review the original probate file for any missing asset listings.
- Gather clear documentation—bank statements, deeds, or title records—that prove ownership of discovered assets.
- Check public records for accounts or properties opened before the decedent’s death.
- Notify heirs and beneficiaries early to minimize disputes.
- Consider consulting a probate attorney to ensure you follow court rules and deadlines.