Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
When a probate estate closes in Missouri, the court issues a final order of distribution. If you later discover assets that the personal representative overlooked or did not know existed, you may ask the court to reopen the estate. Missouri statutes allow this under certain conditions.
- Check Deadlines and Grounds
Under RSMo Section 473.380, you have up to one year from discovering the asset to seek relief. Missouri law also provides a five-year window to vacate a judgment for fraud, mistake, or newly discovered evidence under RSMo Section 473.033.
- File Your Petition in Probate Court
File a petition in the same circuit court that handled the estate administration. Include the estate’s case number, names of the decedent and personal representative, and a detailed description of the newly discovered assets.
- State Your Legal Basis
Cite grounds such as newly discovered bank accounts, overlooked real property, or accounting errors. Reference RSMo Section 473.380 for relief based on newly discovered evidence.
- Serve Notice on Interested Parties
Serve all beneficiaries and the estate’s personal representative. The court will schedule a hearing, and interested parties may object or support your petition.
- Post a Bond if Required
Court rules may require a bond to protect current distributees against wrongful reopening. Contact the clerk for local bond requirements under Missouri Probate Rules.
- Attend the Hearing
Present proof of the asset’s existence and value, such as bank statements or title documents. If the court grants your petition, it will reopen the estate and order distribution of the newly discovered assets.
Helpful Hints
- Search the Missouri State Treasurer’s unclaimed property database at treasurer.mo.gov/unclaimed-property.
- Act promptly. Missing deadlines can bar your right to relief under Missouri law.
- Gather clear documentation of asset existence and value before filing.
- Review local probate court rules for filing fees and bond requirements.
- Consider consulting an attorney if the estate involves complex assets or multiple claimants.