How do I petition to reopen a closed estate to recover missing assets? - Florida
The Short Answer
In Florida, a closed probate estate can often be brought back before the court for further administration if assets are discovered later or if additional administration is needed. You typically do this by filing a petition in the same probate case and asking the court to authorize steps to collect and distribute the newly identified assets.
What Florida Law Says
Florida law recognizes that an estate may appear “finished” and the personal representative may be discharged, but later you may learn about an account, refund, lawsuit proceeds, real property interest, or other asset that was not administered. In that situation, Florida allows additional administration so the court can address the newly discovered property and ensure it is handled under the probate rules and the decedent’s estate plan (or intestacy law).
The Statute
The primary law governing this issue is Fla. Stat. § 733.903.
This statute establishes that a final settlement and discharge in probate does not prevent further administration of the estate (though the discharge order generally cannot be revoked merely because a will or later will is discovered).
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even if “further administration” is allowed, delays can create defenses and practical barriers (for example, if third parties relied on the closing, or if claims/issues should have been raised earlier).
- Burden of Proof: You may need admissible proof that the asset belongs to the estate (title/beneficiary designations, account statements, tracing funds, business records, or proof of improper transfers).
- Exceptions: Some “missing assets” are non-probate (joint accounts, POD/TOD accounts, certain trusts), and reopening probate may not be the right tool. In other situations, the better remedy may be litigation against a person who received property, rather than reopening the estate.
Also, if you believe assets went missing due to misconduct, the strategy can shift quickly into fiduciary-duty issues, accounting disputes, subpoenas, and recovery claims. For more background, see challenging an executor’s accounting and recovering misappropriated estate funds. If your concern is simply that the estate was closed and you need to understand what “closed” means, see closing a probate estate in Florida.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.