Property found after probate was closed.

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Property found after probate was closed.

My husband died in 2004 and his will was probated in Montgomery County, TX, and closed. I found out today that there are mineral rights owned by the estate. Can the probate be reopened? Who receives the proceeds from leasing the mineral rights?

Asked on June 26, 2009 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, Probate can be reopened.  In fact, the estate needs to be re-opened because that's the only way that anyone will have legal authority to deal with the asset (the proceeds from leasing the mineral rights).  How the mineral rights were paid out and the documentation regarding them needs to be reviewed to determine who will receive them and how they are included in the estate.  You should contact the attorney who helped with the original probate.  Bring with you all the information you have regarding the asset.


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