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Detailed Answer

1. Who May Petition to Reopen an Estate

Under Massachusetts law, an “interested person”—including heirs, beneficiaries or a court-appointed personal representative—may ask the Probate and Family Court to reopen a closed estate when new assets surface. (Mass. Gen. Laws ch. 190B, §1-201: definitions).

2. Legal Basis to Reopen: After-Discovered Property

Massachusetts adopted the Uniform Probate Code’s mechanism for after-discovered property. Under Mass. Gen. Laws ch. 190B, §3-1005 (notice after closing; reopening; final decree), a petitioner can ask the court to reopen administration when previously unknown assets surface.

3. Step-by-Step Process

1. Gather Documentation: Obtain records proving title or value of the newly discovered asset (e.g., bank statements, deeds, stock certificates).
2. Draft a Petition: Prepare a formal petition to reopen the estate. Include: case name and number, identification of the petitioner, description of the asset, and grounds for reopening under §3-1005.
3. File with Probate Court: Submit the petition in the same county where the estate was originally probated. Pay any required filing fee.
4. Serve Notice: Notify all interested persons (heirs, creditors, beneficiaries). Massachusetts requires service by mail or personal delivery—and sometimes publication. (Mass. Gen. Laws ch. 190B, §3-907: service of notice.)
5. Attend a Hearing: The judge will consider evidence of the asset’s value, legitimacy and reasons for its prior omission. You may testify or submit affidavits.
6. Court Order: If the court grants the petition, it issues an order reopening the estate. It may direct the personal representative (or appoint one if none remains) to administer the new asset.
7. Administer and Distribute: The representative inventories the asset, pays any outstanding debts or expenses, and distributes proceeds per the original will or Massachusetts intestacy laws (Mass. Gen. Laws ch. 190B, pt. 3, art. III).
8. Final Account and Closing: File an amended inventory and accounting. Ask the court to enter a new final decree reflecting the additional distribution.

Helpful Hints

• File your petition promptly. Under most probate rules, you should petition within three years after closing.
• Keep detailed records. Court filings hinge on clear proof of title and value.
• Verify notice requirements to avoid delays. Missing service deadlines can stall your case.
• Consult the original probate docket for your estate number and judge’s name.
• Consider hiring a probate attorney for complex assets (real estate, business interests).

Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified Massachusetts attorney to address your specific situation.