This legally bars the heirs from making further claims after the estate is closed. Under Florida law, closed probate can reopen in certain circumstances.
We went through probate and it has closed. What happens if after a probate is closed, a debt still remains with deceased person's medical bills?
The Uniform Probate Code, approved by the National Conference Of Commissioners On Uniform State Laws, and recommended for adoption by all states, outlines how post-probate discovery of the decedent's assets could be handled. However, last week we got a letter from the lawyer helping us at the time saying that he forgot to mention a check that my father-in-law signed the day before he died that we need to pay. After an estate has been fully administered, Georgia probate law allows an executor or administrator to petition the court for a discharge from office and, if they meet the requirements, from liability. They may discover stock certificates, pension plan documents, or valuable personal property belonging to the deceased that was not accounted for in the original case but still needs to be distributed. It is not uncommon for someone to discover particular assets that were omitted from probate months or even years after probate is closed. What happens to an unpaid debt after probate is closed? At that time, you will use the estate funds from the estate to pay final expenses, including court costs and attorney’s fees. Question Details: My husband's father passed away a year ago. You still have options with a formal accounting filing. What happens if an unknown life insurance policy or bank account surfaces at a later stage? My brother is the will's executor. However, there are times when the heirs will refuse to sign a release. IF that is the case, then you and brother are probably co-tenant owners of the property, which could mean that you'll have to file some kind of "partition" action to force a sale and division of the proceeds. My brother didn't realize he signed as a guarantor on dad's hospital bills and wants me to pay fotr it. Provided all of your documentation checks out, the probate judge will rule for probate to be closed and the estate dissolved. Update: The family home was sold and distributed 1/2 of proceeds to my bro, the executor, and 1/4 each to me and another brother. Since you say "after probate is closed," I am going to assume that the Will does not require selling the property and distributing the proceeds. So, what happens after probate is closed in Florida, and the court discovers extra property? The remaining balance is then distributed to the beneficiaries and your duties and responsibilities as the personal representative are concluded. Executors can submit this paperwork to the court. It will show all the actions taken by the executors for a fair and legal distribution of the assets. What Constitutes A Recently Discovered Asset? Make sure that the estate was formally closed and that the executor or administrator was truthful in all statements to the probate court. A decedent's assets may be found after the estate executor has submitted his final accounting to the probate court and the estate is closed.