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name listed when a small estate is reopned

Discussion in 'Estate Administration & Probate Court' started by Edjh, Feb 3, 2021.

  1. Edjh

    Edjh Law Topic Starter New Member

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    Jurisdiction:
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    When you are reopening an estate what name would be listed in the section In the matter of the estate. For example for a married couple the first individual passed with no will and he had several assets in his name only, which were not transferred to the spouse. The spouse passed and a small estate affidavit was filed in her name. The clerk advised the spouses estate would have to be reopened in order to transfer the husband's assets to it. Since the husband had no small estate affidavit filed would all the forms involved in the reopening such as the collection form have the spouses name listed as this is the estate which is being reopened.
     
    Last edited: Feb 3, 2021
  2. adjusterjack

    adjusterjack Super Moderator

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    Both estates would have to be probated. Assets in his name only might have to be shared by his wife and living children under intestacy.

    For assets flowing to the wife's estate, her estate would have to be reopened to receive and distribute them according to her will or under intestacy.
     
  3. zddoodah

    zddoodah Well-Known Member

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    I'm going to start by pointing out that, as far as I know, no North Carolina attorneys (much less NC attorneys who practice probate law) follow these boards, and it is likely that no one who will respond has ever opened or re-opened any estate in NC.

    With that being said, what does "the section in the matter of the estate" mean?

    What is this supposed to be an example of?

    To it? What does "it" refer to?

    As my questions hopefully make clear, your post is incredibly unclear, but it's the estate of whomever the dead person is.
     
  4. Edjh

    Edjh Law Topic Starter New Member

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    If an estate is reopened after four years to accept items from a spouse which were listed in their name and it pushes the amount over the 20k which is the small estate limit for my state. If probate is started now is it for only the items recently added or does inventory have to be made from the date of death. The estate was closed under a small estate four years ago all debts were paid and assets were distributed to the heirs at that time.

    Also if a bank account was closed four years ago under the small estate provision and funds were distributed to the heirs would it be an inventoried item if probate is now started. Or once a bank account is closed under a small estate it is final.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    28A-23-5. Reopening administration.If, after an estate has been settled and the personal representative discharged, other property of the estate shall be discovered, or if it shall appear that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the clerk of superior court, upon the petition of any person interested in the estate and without notice or upon such notice as the clerk of superior court may direct, may order that said estate be reopened. The clerk of superior court may reappoint the personal representative or appoint another personal representative to administer such property or perform such acts as may be deemed necessary. Unless the clerk of superior court shall otherwise order, the provisions of this Chapter as to an original administration shall apply to the proceedings had in the reopened administration; but no claim which is already barred can be asserted in the reopened administration.

    https://www.ncleg.gov/Laws/GeneralSt...ons/Chapter28A

    The part that I emphasized seems to indicate that if the entire estate were totaled up (including that which was already probated) and exceeded the small estate limit then the entire estate would go into full probate. But it also looks like you can petition the court to allow it to remain in the small estate process if the additional amounts are not great. I have no clue as to where the cut-off might be.

    Here's the small estate statute.

    https://www.ncleg.gov/EnactedLegisla...Article_25.pdf

    Try addressing your question to the probate court clerk, or to a probate attorney.
     

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