Legal Estate Reopen Petition

Legal Estate Reopen Petition

Court Name:   County:   Case No.:

Petitioner Name:   Relationship to Decedent:

Decedent Name:   Date of Death: Month Day Year

Estate File No.:   Date of Closing of Estate (if applicable): Month Day Year

Recitals

WHEREAS, Petitioner was appointed as of the estate of the decedent named above pursuant to Order entered by this Court on Month Day Year .

WHEREAS, the estate proceeding was concluded and an order of final distribution or discharge was entered by this Court on Month Day Year .

WHEREAS, since entry of the final order Petitioner has become aware of facts and/or assets described below that warrant reopening the estate to permit completion of administration, notice and accounting, and entry of any amended orders the Court deems appropriate.

NOW THEREFORE

Petitioner petitions the Court for an order reopening the estate and for related relief, and in support thereof alleges and requests as follows:

1. Jurisdiction

This Court has continuing subject matter and in personam jurisdiction over the estate and interested persons for the purpose of administering decedent's estate, entering orders necessary to complete administration, and correcting orders or decrees when necessary to protect the interests of creditors and beneficiaries.

2. Facts

Decedent left property and/or claims which were not known to Petitioner at the time of closing or which were omitted from prior filings. A concise description of each newly discovered asset, claim, or factual error is provided below and in the attached sworn affidavit of Petitioner.

3. Grounds to Reopen

Petitioner asserts the estate should be reopened on one or more of the following grounds (select all that apply):

Discovered asset(s) after closing that affect distributions or creditor claims.
Clerical or procedural error in prior filings or orders requiring correction to carry out decedent's intent.
Newly presented creditor claim that may require administration.
Fraud, concealment, or misrepresentation affecting prior proceedings.
Other (explain below).

4. Relief Requested

Petitioner respectfully requests that the Court enter an order providing the following relief:

1. Reopen the estate proceeding for the purpose of administering the matters described in this Petition.
2. Authorize Petitioner to take possession of, collect, preserve, and administer any newly discovered assets and to pursue claims related to those assets.
3. Order notice to all interested persons and known creditors and allow a reasonable period for filing claims where required by law.
4. Require Petitioner to file an accounting or amended accounting as required by the Court reflecting collection, administration, fees, costs, and proposed distributions.
5. Authorize payment of reasonable estate administration expenses, commissions, and attorney fees from estate assets as allowed by law or prior order.
6. Enter such further orders as are necessary to effectuate complete and lawful distribution of estate property, including amendment or rescission of prior distribution orders if appropriate.

Proposed Hearing Date: Month Day Year

5. Notice

Petitioner will provide notice of this Petition and any hearing to all persons entitled to notice under applicable probate law and to known creditors at the addresses below or in such other manner as the Court directs.

6. Proposed Order

Petitioner requests that the Court issue an Order substantially in the form necessary to reopen the estate, authorize administration of newly discovered assets, direct notice to interested persons and creditors, direct filing of any required accountings or amended filings, and grant such other relief as the Court deems just and proper.

7. Verification

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the jurisdiction that the foregoing is true and correct to the best of my knowledge and belief, and that I am authorized to file this Petition.

Closing Provisions

Governing Law. This Petition and any order issued hereon shall be governed by the probate and estate laws of the jurisdiction in which this Court sits and by the rules of procedure of this Court.

Entire Agreement. This Petition contains the entire request for relief by Petitioner with respect to reopening the estate and supersedes any prior informal communications regarding the matters raised herein.

Severability. If any provision of this Petition is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.

Amendments and Waiver. Any amendment to this Petition shall be in writing and filed with the Court. No waiver of any provision shall be effective unless in writing and signed by the waiving party and approved by the Court where required.

Attorney for Petitioner (if applicable)

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