Before proceeding, please review the legal disclaimer.
So you thought everything was wrapped up—the probate process was complete, debts were paid, assets distributed, and the estate officially closed. Case closed, right?
But then something unexpected happens: a hidden bank account surfaces. A forgotten asset. A long-lost heir. Can an estate that’s been closed in Texas actually be reopened?
The answer is: yes, in some cases—but it’s not automatic, and it comes with conditions.
Let’s unpack when and how an estate can be reopened under Texas law.
In probate, an estate is officially closed when:
The court accepts a final accounting (if required)
All debts, taxes, and expenses are paid
Assets have been distributed to beneficiaries
The executor or administrator is discharged by the court
Once this happens, the court considers the estate settled. But that doesn’t mean it’s sealed forever.
Here are the most common situations where reopening the estate could be justified:
A bank account, retirement fund, oil royalty interest, or parcel of land comes to light after the estate has closed. These assets need to be legally distributed.
If a previously unknown heir is discovered—or a more recent valid will is found—Texas law may allow the case to be reopened to address those claims.
If the original probate was based on false information, fraud, or significant error (intentional or not), the court may allow a do-over to ensure fairness.
If the estate was closed but a lawsuit (like a wrongful death or business claim) is later won on behalf of the estate, it may need to be reopened to distribute the proceeds.
There’s no hard deadline, but the longer you wait, the more challenging it becomes. The court will want a good reason to disturb what’s already been finalized.
In most cases, it’s best to act as soon as new information becomes available.
If fraud is involved, you typically have two years from when the fraud is discovered to file a claim—but the court still has discretion.
A beneficiary or heir
A creditor of the estate
A newly discovered heir or claimant
The executor or administrator (in some cases)
You’ll typically need to file a motion with the probate court and provide supporting documentation explaining the reason.
Depending on the reason:
The court may appoint a new administrator (if the previous one was discharged)
The new asset is identified, valued, and distributed
Any affected heirs or beneficiaries are notified
The court has discretion on whether to reopen the case fully or only to the extent needed to address the issue.
Imagine your father’s estate closed last year, and everything was distributed. A few months later, an oil company contacts you—they found mineral rights in his name worth $20,000.
You’d need to:
File a motion to reopen the estate
Present the new evidence
Have the court appoint someone (perhaps you) to handle distribution
Notify other heirs or creditors if needed
It’s possible—and often worth it.
Potentially. It can:
Reignite family disputes
Create tax consequences
Delay closure or cause financial stress
That’s why it’s important to speak with a probate attorney before filing anything. At The Lange Firm, we evaluate the facts and guide you through the best course of action.
In Texas, an estate can be reopened even after it’s closed—but only under certain conditions. If you’ve discovered new assets, a forgotten heir, or believe there was a mistake or fraud in the original proceeding, it’s worth exploring your options.
Contact The Lange Firm today to discuss your case and whether reopening a probate matter makes sense. We’ll give you clear guidance and take care of the legal heavy lifting.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
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