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Once an Estate Is Closed, Can It Be Reopened in Texas? A Legal Guide for Heirs, Executors, and Beneficiaries

The probate process in Texas can be long and complex, but eventually, the estate is closed and the assets distributed. For many families, this marks the end of a difficult chapter. But what happens if new property is discovered? Or if someone believes an error or fraud occurred?

This raises an important legal question:
Once an estate is closed, can it be reopened?

The short answer is: Yes—in certain cases.
At The Lange Firm, we assist Texas families with both the administration of estates and with post-closing issues that require legal attention. In this blog, we explore when reopening an estate is allowed, what the process involves, and how to protect your rights as a beneficiary, executor, or creditor.

Table of Contents

• What Does It Mean for an Estate to Be Closeed

   

• Common Reasons to Reopen an Estate

   

• Can You Reopen an Estate in Texas?

   

• When Is Reopening an Estate Not Allowed?

   

• Process to Reopen a Closed Estate in Texas

   

• What Happens If a New Will Is Found?

   

• How Long Do You Have to Reopen an Estate?

   

• Potential Risks of Reopening an Estate

   

• How The Lange Firm Can Help

   

• Final Thoughts

   

• Related Blogs for Further Reading

   

What Does It Mean for an Estate to Be Closed?

When an estate is “closed,” it means the probate court has completed the administration process. This typically includes:

• Validating the will (if one existed)

   

• Appointing the executor or administrator

   

• Paying debts and taxes

   

• Distributing remaining assets

   

• Filing a final accounting (if required)

   

The court may issue a formal order closing the estate, at which point the executor is released from duty, and the estate is considered settled.

However, closure doesn’t mean the door is permanently shut. Certain events can trigger a motion to reopen probate.

Common Reasons to Reopen an Estate

An estate may be reopened if:

✅ New Assets Are Discovered

Often called an “after-discovered asset,” this might include:

• Forgotten bank accounts

   

• Oil or mineral rights

   

• Retirement accounts

   

• Real estate or vehicles

   

• Stocks, crypto, or digital assets

   

✅ A New Will or Codicil Is Found

If a more recent will is discovered after the estate is closed, probate may be reopened to validate and apply it.

✅ Mistakes or Fraud in the Original Administration

This could include:

• Misappropriation of funds

   

• Omitted heirs or beneficiaries

   

• Executor misconduct

   

• Accounting errors

   

✅ Unresolved Creditor Claims

Creditors who were unaware of the probate may seek relief if their claims were not addressed.

📌 The Lange Firm handles all types of post-closing probate disputes and asset recovery.

Can You Reopen an Estate in Texas?

Yes. Texas probate courts allow an estate to be reopened under specific circumstances, most commonly under:

• Texas Estates Code § 351.203 (for newly discovered property)

   

• Texas Estates Code § 256.204 (for contesting wills after probate)

   

• Texas Estates Code § 308.056 (for filing claims after the claim period)

   

The petitioner (usually an heir, creditor, or interested party) must file a motion to reopen the estate and explain the reason.

The court will evaluate whether:

• The request is justified

   

• The new issue was previously unknown

   

• Reopening is in the interest of justice

   

When Is Reopening an Estate Not Allowed?

Courts may deny a request to reopen if:

• The issue is based on speculation, not fact

   

• The claim is outside the statute of limitations

   

• The asset in question was previously dealt with

   

• A final discharge of the executor has been granted without reservation

   

Beneficiaries, creditors, or others must act promptly to preserve their legal rights.

Process to Reopen a Closed Estate in Texas

Here’s how the process generally works:

1. Identify the Reason for Reopening

Establish if the case involves newly discovered assets, a new will, fraud, or an overlooked claim.

2. File a Petition or Motion

The motion must be filed with the probate court that handled the original case.

3. Provide Supporting Evidence

You may need:

• A copy of the new will

   

• Property records or asset documentation

   

• Proof of fraud or improper conduct

   

• Evidence of heirship

   

4. Court Reviews the Petition

The court may schedule a hearing and notify other interested parties.

5. Administrator or Executor Is Appointed (If Needed)

If reopening is approved, the court may reappoint the previous executor or assign a new one.

What Happens If a New Will Is Found?

A more recent will found after probate has closed can drastically change how the estate is distributed. If validated, it may:

• Override the previous will

   

• Reassign heirs or beneficiaries

   

• Remove or replace the executor

   

• Change charitable or business bequests

   

Time is critical—Texas law generally gives you two years from the date of the will’s probate to contest it under Estates Code § 256.204.

How Long Do You Have to Reopen an Estate?

There is no hard deadline for reopening an estate in Texas based on newly discovered property—but courts are less likely to approve a motion years or decades later without strong justification.

However, if fraud is involved, the timeline may extend depending on when the fraud was discovered.

Always consult with an attorney as soon as possible to avoid missing your window of opportunity.

Potential Risks of Reopening an Estate

Reopening probate can:

• Delay asset finality for heirs

   

• Trigger tax reassessments

   

• Invite litigation

   

• Expose executors to liability

   

• Create emotional strain in families

   

That’s why you need a firm like The Lange Firm—experienced in complex probate disputes and navigating family dynamics with care.

How The Lange Firm Can Help

We help clients across Texas:

• Reopen probate for after-discovered assets

   

• Contest or defend newly found wills

   

• Investigate executor fraud or errors

   

• File creditor claims after probate

   

• Respond to court objections

   

• Resolve heirship and title disputes

   

We also provide preventive probate planning to reduce the risk of reopening in the first place.

📞 Contact The Lange Firm today for a consultation on post-closing probate issues.

Final Thoughts

So, once an estate is closed, can it be reopened in Texas?
✅ Yes—but only under specific circumstances like newly discovered assets, a new will, fraud, or creditor claims.

Reopening an estate isn’t easy—but it may be necessary to ensure fairness and legal compliance. With the right guidance, you can correct mistakes and protect your family’s legacy.

Trust The Lange Firm to guide you every step of the way.