Third DCA Probate Appeal, Court Holds that Probate Was Not Over After All!

Is the probate court in West Palm Beach telling you that probate is over and you know its not? If you still have an interest to be adjudicated in the probate of a will in West Palm Beach listen up. A recent case out of the Third District Court of Appeal shows how to use a petition for subsequent administration to protect your rights in probate.

Probate Rule 5.460(a)

• There are specific rules that apply to probate only and not the rest of Civil Court.
• One such rule is 5.460(a).
• The rule addresses subsequent administration and states that if an estate is closed and additional property is discovered or if subsequent administration of the estate is required for any reason any interested party may file a petition for subsequent administration of the estate.
• If you just discovered bank accounts that were owned by deceased relative.
• If you stand a chance to inherit under that estate then you are an interested party. 
• If the Court fails to reopen the estate you may be able to appeal.
• That is what happened to the petitioner in this recent case out of the Appeals Court in Miami.

Mathis v. Estate of Mathis

• This was a semi-complicated dispute concerning probate and homestead in Miami-Dade.
• A woman died leaving several children who lived in her home following her death.
• Unfortunately, they decided to not pay the taxes.
• As a result the State tried to sell the house and through some careful maneuvering the heirs were able to sell it first and get the money out.
• The question became who gets what share of the money.
• The will said that any property sale proceeds should be split between the petitioner and her brother.
• When the petitioner was left out of the profit sharing he petitioned the probate court stating that it was part of the estate but the probate court disagreed.
• As a result his petition to have subsequent administration was denied.
• On appeal the Third District Court of Appeals reversed holding that the petitioner was entitled to subsequent administration.

Want to learn more about this probate appeal?

Check out the entire case by clicking here.