Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
If probate was opened and closed here you cannot use a Petition for Small Estate.
You will need to motion the probate court to reopen probate here and name you as new executor.The probate case once reopened and you get letters testamentary you can then access the funds and disburse them.
There is no way around reopening probate here because this asset passes through probate under terms of the will.The small estate affidavit here only works if no probate was filed, this was only asset, and no creditors.
I wish I could tell you otherwise here.But this is really an estate asset and it has to go through probate like all the prior assets here.
You are likely going to need a local probate lawyer to motion the court and get the order and you appointed as successor executor.Once you have your letters you can access the funds and distribute them.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.Good luck here with all.
You can probably use the lawyer that did the prior probate and this should not cost very much.Its a one trip short hearing deal.Thanks again.