Petition to Reopen Probate Form

by Susan from Vero Beach, Florida, Indian River County

Petition to Reopen Probate Form:
Where do you get the petition to reopen probate form? I need to reopen my Mothers probate that was completed May 12, 2009.

I did not request an order for homestead status because my mother had done a quit claim deed to my brother and I a couple years earlier that I am now told was not done correctly by the title company and it isn't valid.

I have the Petition to request homestead form I just need the request to reopen form and can't find it. Help? I am the executor.

Answer to Florida Court Forms Question

Dear Susan,

Florida Probate Rule 5.460 provides that subsequent administration may be ordered by the court if there is newly discovered property, "or if further administration of the estate is required for any other reason."

According to the website for the 17th Judicial Circuit:

"The following procedures must be complied with to reopen a closed estate. A $50.00 filing fee is required to reopen a closed estate.

(b) LETTERS TO BE REINSTATED
Petition to Reopen & Order to Reopen for Further Administration. Pertinent language in the Petition to Reopen must include "revoke order of discharge and reinstate previous letters." Provided the personal representative remains the same, the clerk's office will use the old letters in the file with a new certification."

This information is from a different court circuit, but the procedures and requirements are likely similar or identical.

Ask your local clerk of court if there is a form, or where you may find one.

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