Detailed Answer
Reopening a probate case in Florida requires filing a petition in the Florida circuit court where the original probate occurred. Florida law grants the court authority to reopen and settle estates under specific circumstances. A North Carolina attorney may prepare your petition and gather supporting documents. However, to appear before a Florida court, the attorney must follow Florida’s admission rules.
Under Florida Rule of Judicial Administration 2.510, a lawyer not licensed in Florida may seek pro hac vice admission. To qualify, the North Carolina attorney must associate with local Florida counsel who holds an active Florida law license. Local counsel will file a motion and verify that the North Carolina attorney is in good standing in North Carolina. Once the court grants pro hac vice status, the attorney may appear and represent the estate for that proceeding.
Florida’s probate statute on reopening estates appears at Fla. Stat. § 735.301. It allows reopening when the court finds one of the following:
- Discovery of additional assets or creditors not listed in the original administration.
- Proof that the personal representative committed fraud, misrepresentation or misconduct.
- Clerical or computational errors affecting the estate distribution.
- Consent of all interested parties and the personal representative.
Once the petition to reopen is on file, the court will review the grounds, notify heirs and creditors, and schedule a hearing. You must present clear evidence supporting your request. A North Carolina attorney can draft the motion, prepare affidavits or declarations, and guide you through evidence gathering. Local Florida counsel will handle filing, service, and court appearances.
As a North Carolina practitioner, you must comply with Rule 5.5 of the North Carolina Rules of Professional Conduct (unauthorized practice of law). Link to North Carolina statute: N.C. Gen. Stat. Ch. 84. This rule prohibits practicing in a jurisdiction where you lack admission except through pro hac vice or limited services.
In summary, a North Carolina attorney can assist you in reopening a Florida probate case by:
- Reviewing your case file and identifying grounds for reopening under Fla. Stat. § 735.301 (link).
- Drafting the petition, supporting affidavits and notices.
- Partnering with Florida-licensed counsel to file and appear in court via pro hac vice admission under Fla. R. Jud. Admin. 2.510.
- Coordinating evidence collection and responding to creditor or heir objections.
Key Steps to Reopen a Florida Probate Case
- Determine the ground for reopening: new assets, fraud, errors or consent.
- Gather documentation: estate inventory, affidavits, new evidence.
- Draft and review the petition to reopen with a North Carolina attorney.
- Engage Florida-licensed counsel for pro hac vice motion and court filings.
- File the petition and serve interested parties per Florida probate rules.
- Attend the court hearing, present evidence and request appropriate relief.
- Obtain the court’s order to reopen and follow its directions to complete the estate settlement.
Reopening a probate case in another state involves precise procedure and strict deadlines. A North Carolina attorney can guide you through preparation and coordinate with Florida counsel to comply with local court rules.
Ready to revisit your Florida probate matter? Pierce Law Group has attorneys experienced in multi-state probate coordination. Contact us today to discuss your case and take the next step. Email us at intake@piercelaw.com or call us at (919) 341-7055.
