Can Probate Be Reopened After It’s Already Been Closed?

People are often surprised to learn that yes - probate can be reopened even after the estate has been closed. It doesn’t happen often, but when it does, there’s a clear process for handling it in Delaware.

There are a few common reasons an estate might need to be reopened:

• New assets are discovered. Maybe a forgotten bank account, savings bond, or insurance payment surfaces years later.
• Outstanding debts or refunds appear. A tax refund, dividend, or unclaimed property might show up after everything was finalized.
• Something was missed in the original filing. Occasionally, an error in the inventory or accounting needs to be corrected.

When any of these things happen, the executor (or sometimes a beneficiary) can petition the Register of Wills to reopen the estate.

Reopening probate can be as simple as filing a few documents - or as involved as starting over, depending on what’s discovered. If it’s a small matter, like adding a single account or correcting a clerical mistake, it may only take a few forms to update the record.

If it involves larger assets or a significant correction, the Register of Wills may require a new inventory or accounting to document what’s changed. Once reviewed and approved, the estate is closed again.

Reopening probate isn’t unusual, but it’s not something most families deal with. It tends to happen a year or two after the original closing, once everyone assumes everything is finished - and then something unexpected turns up.

If you discover new property or realize a mistake was made after probate has ended, don’t panic. The law allows you to fix it. The key is to handle it correctly and make sure everything is documented and approved through the Register of Wills.

If new assets or corrections have come up after an estate was closed, I can help you determine the best way to reopen it and make sure everything is handled properly and efficiently.