I am a beneficiary to an estate in Florida . Just recently on the probate docket it is posted : ORDER CLOSING ESTATE ADMINISTRATIVELY FOR state reporting systems PURPOSE Does anyone have an idea of what this means ? I am assuming it is for some kind of state reporting system . . . ? The PR has not made any move for final accounting or to close and distribute the the estate . It has been 4 years since estate opened . I do not have money for a lawyer . Any kind of help would be sincerely appreciated .
Probate courts are charged with having estates administered as quickly and efficiently as possible. When estates are open indefinitely, it is bad for a number of reasons, not the least of which is that the court needs to continue to expend resources monitoring the status. There are certain deadlines that are required in terms of ongoing administration. If fiduciaries fail to keep up with these, the court has two options: 1) they can take control of the estate, toss the fiduciary and make sure things are completed expeditiously, or 2) they can threaten to administratively close the file. If they administratively close the file and the estate has been fully administered, it is no big deal. If the estate is not fully administered and the file is closed, the fiduciary will need to re-open the estate, (paying additional fees and expenses to do so). In my state, many counties are increasing the fees necessary to re-open estates. Some counties are also starting to charge fiduciaries to administratively close the file, as a disincentive for people to allow this to happen.
Courts prefer not to administratively close files. Since the alternative requires additional resources, however, that they are often without the ability to provide, administrative closure offers a solution.
You can object to an administrative closure, but once it takes place, you would likely need to pay to re-open the estate. You may wish to do so, since it sounds like there is additional work that needs to be done, in your case. You can ask that the former PR be surcharged for failure to complete administration. You would need a lawyer to do this effectively, but the lawyer is paid from the estate. Not by you.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Mr. Frederick once again shows his knowledge of the practical side of things!
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
I concur with Attorney Frederick-you should mark his answer -"Best Answer".
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.