Once the personal representative has performed all duties required under the probate code and done everything necessary to administer the estate, the personal representative can close the estate.

In the probate court this can be accomplished in one of two ways.

Verified Statement
The Personal Representative files a verified statement pursuant to Section 45-3-1003 stating that:

• he or she has determined that the time for presentation of creditors claims has expired;
• he or she has fully administered the estate of the decedent by:
  • making payment, settlement or other disposition of all claims presented; and
  • paid all expenses of administration and estate and death taxes, except as may be specified in the statement;
• he or she has distributed the assets of the estate to persons entitled;
• if any claims remain unpaid, he or she has distributed the assets of the estate subject to possible liability with the agreement of the distributees or other arrangements made to accommodate outstanding liabilities; and
• he or she has sent a copy of the statement to:
  • all distributees of the estate; and
  • all creditors and other claimants of whom the personal representative is aware whose claims are neither paid nor barred; and
• he or she has furnished a full account in writing of their administration of the estate to those distributees whose interests are affected thereby.

The Verified Statement must be signed by the personal representative under oath in the presence of a notary public. Section 45-3-1003(A) says this can be done “no earlier than three months after the date of original appointment of a general personal representative for the estate.” If no proceedings involving the personal representative are pending in district court one year after the verified statement is filed, the appointment of the personal representative terminates.

Note: A Verified Statement should not be accepted for filing until at least three (3) months have passed since the estate was opened.

• to the best of their knowledge, the value of the entire estate, less liens and encumbrances, did not exceed:
  • the family allowance;
  • personal property allowance;
  • costs and expenses of administration;
  • reasonable and necessary medical and hospital expenses of last illness of the decedent; and reasonable funeral expenses.
• the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and
• the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred; and
• the personal representative has furnished a full account in writing of his administration to all distributees whose interests are affected.

If no proceedings involving the personal representative are pending in district court one year after the verified statement (or statement of summary administration) is filed, the appointment of the personal representative terminates.

Certificate of the Court
The Personal Representative of the Estate may submit an Application for Certificate of the Court at any time after filing the Verified Statement or Statement of Summary Administration. A Certificate of Full Administration releases any liens on property posted by the personal representative in lieu of bond, but does not preclude any action against the personal representative. See Section 45-3-1007. In reality, this is more of a formality, since bond is usually not required of the personal representative in the probate court. The case is considered closed whether the Court issues the order or not. But some people feel better if they have an actual order closing the case.

Important Note: Probate judges cannot sign the Certificate of the Court until one year has passed since the Verified Statement was filed. Sections 45-3-1003(B), 45-3-1007.

Formal Closing
Informal appointments and probate proceedings may be closed in the district court in formal proceedings. See Sections 45-3-1001 and 45-3-1002. Probate courts do not have jurisdiction over formal closings, however.

• The Personal Representative may petition the district court for a formal closing at any time after the time for the presentation of claims which arose prior to the death of the decedent has expired.
• A devisee or other interested person may also petition the district court for a formal closing one year after the appointment of the original personal representative.
• The petition may request that the district court compel or approve a final account.
• The district court may make other determinations as to heirship and distribution of the estate.

In formal proceedings, which require notice and a hearing before the Order is signed, the Personal Representative can be discharged immediately after determination of these matters. This is one reason why some attorneys choose to open a probate in an informal proceeding and then go to the district court for a formal closing.

Nothing in the probate code requires that the estate be closed. Many estates are never closed. The personal representative (or his/her attorney) files the initial paperwork and then never files anything else. In these cases, the personal representative retains the authority to act on behalf of the estate indefinitely (but also remains liable for his actions as personal representative of the estate).

Some judges will close cases on their own motions to clear their dockets. If this occurs in district court, the Petitioner must take affirmative action to ask that the case remain open. However, probate judges do not usually close cases on their own motions. You may consider doing this to get movement on cases where nothing has been filed since the original pleadings. But this would require a means of tracking the status of cases filed with your court. As a practical matter, probate court files must be retained indefinitely, even if they are closed.

Keeping a case open can be useful if it is discovered that some piece of property was not transferred (see additional discussion below). If the asset was part of the original estate (that is, if the item of missing property was listed on the original inventory), the case could be reopened in the probate court. If the case had been closed and then it was discovered that a new asset of the estate needed to be transferred, district court intervention would be required.

Newly Discovered Property
On occasion, years after a probate case is closed, someone will discover that decedent owned other property that was not included as part of the original probate. If it has been more than one year since the verified closing statement has been filed, the case will have to be reopened in the district court. If this other property is discovered after an estate is settled and the personal representative discharged, only the district court has jurisdiction to appoint a successor personal representative to administer the subsequently discovered property. Section 45-3-1008.

Reopening Old Cases for Mistake or Inadvertence
A different scenario might occur if property was included in decedent’s original probate, but for some reason, proper title was not transferred or another mistake occurred. In that instance, an Applicant can ask the court to reopen the old case and reappoint a former personal representative or appoint a successor personal representative to fix the mistake. Properly worded pleadings must be submitted to the court.

Example 1: Mr. Z died in 1971. A probate was properly opened in probate court. An inventory of Mr. Z’s property was prepared and filed with the court. The personal representative failed to complete a personal representative’s deed for one lot listed on the inventory. The estate was closed. Thirty years later, when the property is about to be sold, the title company discovers that clear title was never passed to the lot. Can you reopen this case?
Answer 1: Yes, if properly worded pleadings are submitted. The personal representative you appoint will then have legal authority to complete the personal representative’s deed and clear the title to the lot.

Example 2: Ms. X died in 1981. A probate was properly opened in probate court. An inventory of Mr. Z’s property was prepared and filed with the court, but failed to include Lot 47, which the personal representative did not know about. The estate was closed. Twenty years later, when the property is about to be sold, the title company discovers that clear title was never passed to Lot 47. Can you reopen this case?
Answer 2: No, Lot 47 is “newly discovered property” and the case must be filed in district court. (This same scenario could also apply to personal property such as newly discovered stocks, bonds, or bank accounts.)

Example 3: Ms. Y died in 1991. A probate was properly opened in probate court. No inventory was filed with the court. The estate was never officially closed. Eleven years later, a certificate of deposit is discovered at a local bank. Can you reopen this case?
Answer 3: You do not need to reopen the case. Because it was never closed, the personal representative, if still living, continues to have authority to act. If a successor personal representative is needed, additional paperwork must be filed. You might need to issue certified Letters showing the personal representative still has authority.