Q: Can a summary administration be re-opened and converted to formal administration?
Two beneficiaries of estate. One beneficiary has paid 100% of all estate and inherited-house-related expenses totaling over $56k. The other beneficiary has paid zero. The summary administration was (1) because there were no non-exempt assets, (2) for speed of completion and (3) because both beneficiaries had agreed to terms which have since been violated by the one who hasn't paid anything. The beneficiary who has paid everything is now seeking a way to be reimbursed for the other's half of the expenses. Can this be done without re-opening probate and/or without it being converted to formal administration (where the beneficiary who has paid everything is named PR/executor in the will)?
A: It is unlikely you can reopen or convert a completed probate. However, you could bring an action to partition the property and seek an accounting and contribution to offset the additional expenses incurred. Schedule a free consultation to determine if a partition is the correct action for your scenario.
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