What happens if another asset of an estate is found so that a small estate filing no longer applies?

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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 6 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


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