Short answer

Yes—under Virginia law you can ask the circuit court that handled the original probate to reopen a closed estate and request appointment as administrator, but you must show a legal basis (for example, newly discovered assets, fraud, mistake, or that no valid personal representative was appointed). The court will reopen the estate only if you provide good cause and follow Virginia procedure in Title 64.2 of the Virginia Code. See the Virginia Code (Title 64.2) for probate and administration rules: https://law.lis.virginia.gov/vacode/title64.2/.

Detailed answer — step‑by‑step (Virginia)

This section explains the typical legal path to reopen a closed estate in Virginia and seek appointment as administrator. It uses plain language and describes the most common factual scenarios, but it is not legal advice.

1. Confirm the estate’s current status

Start at the clerk’s office of the circuit court in the county or city where your father’s estate was probated. Ask for the probate file and any final decree or order closing the estate. You need to know whether the court issued a final settlement and discharge of the personal representative, and whether the estate was formally closed. The clerk can also tell you whether the original personal representative is still acting or has been discharged.

2. Identify a legally sufficient reason to reopen

The court will reopen an estate only for valid reasons. Typical grounds in Virginia include:

• Newly discovered assets that were not included in the original inventory (bank accounts, real estate, retirement accounts, life insurance payable to the estate, etc.).
• Fraud, mistake, or material omission in the original probate process or final accounting.
• The original appointment was void or voidable (e.g., improper service, will problems, or the wrong person was appointed).
• The personal representative resigned, died, or cannot complete administration and there remain assets or unpaid creditors.

If the estate was distributed and a final decree entered, you must show good cause (such as newly discovered assets or fraud) for the court to set aside or reopen that final order.

3. What to file — petition to reopen or petition for administration

You or a lawyer will normally file a written petition in the same circuit court that handled the probate. The petition should include:

• A description of the original probate case (docket number, date of original appointment, name of the original personal representative).
• The facts giving rise to reopening (e.g., you found a previously unknown bank account in your father’s name).
• A statement saying you want to be appointed administrator (often an administrator de bonis non if some assets remain or a full administrator if estate was never fully administered).
• A list of interested persons (heirs, beneficiaries, creditors known to you).
• Any supporting documents (death certificate, account statements, copies of the original probate orders, affidavits, or other evidence of the newly discovered assets or alleged fraud).

The clerk can provide local forms or filing requirements. Courts may call the filing different things (petition to reopen estate, petition to vacate a final decree, or petition for appointment of a personal representative).

4. Notice and opportunity to be heard

Virginia procedure requires notice to interested parties (heirs, beneficiaries, and the prior personal representative). The court will set a hearing. At that hearing the judge will decide whether to reopen the estate and who should be appointed. If other interested persons object, the judge resolves those disputes based on the evidence and Virginia law.

5. Appointment, bond, and duties if you are appointed

If the court appoints you, you likely will have to qualify by taking any required oath and by posting a bond unless waived by law or by the interested parties. After appointment you will be required to inventory assets, collect and protect property, pay valid debts and taxes, and, when appropriate, distribute remaining assets according to the will or Virginia’s intestacy rules (Title 64.2). You must also file accountings when requested by the court.

6. Practical and timing considerations

• Time limits: There is no single “reopen” deadline that applies to every situation. However, the longer you wait, the harder it may be to recover assets or persuade the court. Some creditor and tax deadlines still apply, and distributions already made to third parties may complicate recovery.
• Lost assets: If assets distributed in good faith to third parties are later recovered, courts balance fairness — they may protect innocent recipients.
• Costs: Expect filing fees and possible bond or attorney’s fees. If reopening is contested, litigation costs rise.

7. Grounds involving misconduct or fraud

If you believe the original estate administration involved misconduct (the prior representative misappropriated assets, hid assets, or failed to account), present evidence in your petition. The court can remove a representative, order an accounting, and require restitution when misconduct is proved.

8. When to hire an attorney

Reopening a closed estate can be straightforward when a single small asset is found and all interested parties agree. It becomes legally complex when there are claims of fraud, conflicts between heirs, large assets, tax issues, or distributions already made. If any of those apply, consult a Virginia probate attorney early. The Circuit Court clerk can help with basic procedural questions but cannot give legal advice.

For statutory guidance on probate and administration in Virginia, see Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/. For local courthouse contacts and probate information, visit the Virginia Judicial System: https://www.vacourts.gov/.

Helpful hints

• Get certified copies of the death certificate and the original probate orders from the clerk.
• Ask the clerk for the exact docket number and any final decree; that helps you prepare the petition correctly.
• Gather evidence of the asset(s) you say justify reopening (bank statements, title documents, insurance policies).
• List all potentially interested parties (spouse, children, other heirs, beneficiaries) — you must give them notice.
• If money is involved, be prepared to post a bond unless waived; know that bond amounts can be significant for large estates.
• If the original representative is available, ask whether they will consent to reopening and to you serving; unanimous consent simplifies the process.
• Contact a probate attorney if the case involves allegations of fraud, large or complex assets, tax issues, or contested heirship.
• Use VA resources: the circuit court clerk and the Virginia Judicial System website for local forms and procedures (https://www.vacourts.gov/).