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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34978
Experience:  12+ yrs. of experience including estate law.
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Is there a statute of limitation for reopening a closed

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Is there a statute of limitation for reopening a closed probate?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
Perhaps...if you can show fraud. Can you tell me what state this is in (since the statute will be determined by the state)?
Customer: replied 4 years ago.


Customer: replied 4 years ago.


Thank you
Actually, IL has very broad probate rules. The Illinois Probate Act allows a decedent's estate to be re-opened at any time after the estate has been closed "to permit the administration of a newly discovered asset or of an unsettled portion of the estate on the petition of any interested person."
So you can reopen at any time if there is a newly discovered asset, or if a portion of the estate was not settled. Probate for this never closes.
Now...what if the estate was settled and there are no new assets? Are they any other ways to reopen?
1. It may be sued by persons who failed to receive proper notice of its opening or closing. So if this happened...if someone was a heir and never received notice, they can sue to reopen the proceeding. There is not a direct "statute of limitations" though laches will apply, so the person should apply as soon as they discover the error.
2. It may be sued for fraud or concealment of assets by the Personal Representative for up to 2 years after discovery of the fraud.
Let me know if you have more questions...happy to assist if I can
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