Comments for Amend order of Summary Administration

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by: FALDP Staff

It sometimes happens that an estate asset is discovered after the Order of Summary Administration of Estate is issued. In that case, the procedure is to reopen the estate to include that asset. The rule is in the Florida Probate Code:

Rule 5.460. Subsequent Administration

(a) Petition. If, after an estate is closed, additional property of the decedent is discovered or if further administration of the estate is required for any other reason, any interested person may file a petition for further administration of the estate. The petition shall be filed in the same probate file as the original administration.

(b) Contents. The petition shall state:

(1) the name, address, and interest of the petitioner in the estate;

(2) the reason for further administration of the estate;

(3) the description, approximate value, and location of any asset not included among the assets of the prior administration; and

(4) a statement of the relief sought.

(c) Order. The court shall enter such orders as appropriate. Unless required, the court need not revoke the order of discharge, reissue letters, or require bond.

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