Can Probate Be Reopened After It Is Closed?

 Posted on February 10, 2026 in Business Litigation

Probate can sometimes be reopened after it is closed. However, this usually only happens in specific situations, such as when new assets are discovered or important information regarding an estate plan was missed during the original case.

If you are dealing with an unexpected estate issue in 2026, it is important to understand your options. A Denton County, TX probate lawyer can review your situation and help you decide whether reopening probate may be possible.

What Does It Mean To Reopen Probate in Texas?

Reopening probate means asking the court to rule on part of an estate again after the case has already been closed. Probate is the legal process used to settle a person’s estate after death. This process usually includes paying debts and distributing property to heirs.

Once the court closes probate, the executor or administrator is normally released from their duties. This is the person responsible for managing the estate. Even so, problems can appear later that require the court to step back in. Reopening probate allows the court to address those unresolved issues.

When Can Probate Be Reopened in Texas?

Texas courts may allow probate to reopen when there is a valid legal reason. One common example is finding property that was not included in the original estate.

Under Texas Estates Code § 362.001, a court may appoint a successor personal representative if more estate administration is needed. A personal representative is the person authorized to handle estate matters.

Situations that may justify reopening probate include:

• Newly discovered assets, such as forgotten bank accounts or mineral rights
• A will that was not known during the original case
• Evidence that debts were left unpaid
• Errors in how the property was distributed
• Claims of fraud or misconduct

Courts usually require clear proof before agreeing to reopen a case.

Is There a Time Limit for Reopening Probate in Texas?

Texas law does not always set a strict deadline for reopening probate. However, waiting too long can make the process more difficult. Important documents may be lost, and witnesses may be harder to find.

Courts generally expect people to act within a reasonable time after discovering the issue. Acting quickly can help preserve evidence and reduce delays.

If you are unsure whether too much time has passed, speaking with a probate attorney can help you better understand your options.

How Do You Reopen a Probate Case in Texas?

Reopening probate usually starts with filing a petition in the same court that handled the original estate. The court will review the reason for reopening the estate and decide whether further administration is necessary. If the judge agrees, the court may appoint a new executor or reappoint the previous one.

The exact process depends on the complexity of the estate and the issue involved.

What Challenges Can Arise When Reopening Probate in Texas?

Reopening probate can be more complicated than the original case. By the time an issue is discovered, assets may have already been distributed to heirs.

For example, if inherited property has been sold, recovering it may not be simple. Disagreements can also arise if beneficiaries have different opinions about how newly discovered assets should be handled.

When new assets or claims appear, conflict sometimes follows. Beneficiaries may question whether reopening the case is necessary or how property should be divided.

Courts focus on fairness and legal accuracy when resolving these disputes. Strong documentation can play an important role in supporting your position. Addressing concerns early may help reduce tension and prevent long legal battles.

When Should You Contact a Denton County Probate Lawyer?

It is wise to speak with a lawyer as soon as you believe probate may need to be reopened. Estate matters involve detailed procedures, and mistakes can slow the process.

An attorney can review the original probate file, explain your options, and help prepare the required paperwork. Early representation can reduce stress during what is often an emotional time.

Contact Our Flower Mound, TX Probate Attorney Today

If you believe probate should be reopened, reliable legal guidance can help you protect the estate and avoid unnecessary delays. At Colbert Law Group PLLC, you can work with a Denton County, TX probate lawyer who understands how to manage complex estate matters.

Attorney Colbert’s experience also includes having served as an administrative law judge as well as a tribal judge for the Chickasaw Indian Nation. This background supports a thoughtful and careful approach to resolving estate issues. Call 972-724-3338 today to speak with a probate attorney about your situation.