What happens if another asset of an estate is found so that a small estate filing no longer applies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if another asset of an estate is found so that a small estate filing no longer applies?
Probate was opened for a small estate. The deceased had no Will, children, spouse, siblings or living parents. An uncle petitioned and approved to administer estate. Notice was given in the paper for creditors and heirs; it has run for the required 6 months. The small estate is still open. However, in the interim, another asset was found which changes the small estate to a regular estate. So an amended Schedule B was filed. What happens now? Does a new regular estate have to be opened? Does the uncle have to be re-appointed? There is a lot more paperwork with regular estate, we know. Does another 6 month notice have to be filed in paper for creditors and heirs? The Register of Wills says yes to all. Why? Notice to creditors part doesn’t seem correct. No one came forward in the 6 month period already.
Asked on June 20, 2014 under Estate Planning, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss and for the situation as it stands. Unfortunately you must discontinue the small estate and file a regular probate petition. The Surrogate may allow the notice to carry over if it was general enough to qualify as notice to all types of estates and not just a small estate. Your Uncle can make that application to save some money. Here is a link to help you. Good luck.
http://www.50statelegalforms.com/files/form1/form14821.pdf
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.