Under New York law, if property is discovered after assets are distributed and probate is concluded, must a new Notice of Probate be served and filed?
The answer depends on the facts. SCPA § 1409(3) provides the rule:
3. Upon the probate of an estate and distribution of its assets, if any, under this chapter, if an undistributed asset is subsequently found by the estate, the surrogate's court that granted such probate petition shall maintain jurisdiction and shall not require any additional service of the notice required by this section to be served again by the estate, unless such previously undiscovered asset has an estimated value of more than five thousand dollars or it has been more than seven years since the distribution of the assets pursuant to the original probate.
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