I was the executor to my brothers will in Florida. The estate was close with the Order of Discharge about one year ago. Since then an insurance company contacted me and has $1,000 due to be paid to the estate.

I can’t speak about legality, but you do have a moral obligation. And consider this: If the amount owed to the estate was actually $10 million, would there be a question?

A large amount of money would cause the other heirs to go to court claiming the Order was issued without full knowledge, and that you as executor did not fully disclose all assets.

So go ahead and take in the check and distribute the amounts to the heirs. Once they send it to you, the whole thing will take you ten minutes to deposit the check and another 15 minutes to figure out how much to send to each heir and write the checks. Maybe another ten minutes to address envelopes and stamp and mail. Take the hour to do the right thing.

@lisaparker123 Do it exactly as zenvelo said. It’s a piss ass little amount but it will be a constant source of crap down the road somewhere if someone, probably the married partner of one of the heirs, finds out about it.

Yes you are responsible to pay the heirs. Essentially, an executor is charged with protecting a deceased person’s property until all debts and taxes have been paid, and seeing that what’s left is transferred to the people who are entitled to it.

Depending on the state, you may need to report the $1000 to the probate court. Check with your attorney.

Answer this question while looking in the mirror. If you had received a bill for $1000 would you have asked your brothers for money?
Pay them. It’s not worth the worry and hard feelings. Do it at Christmas time.

Since the life insurance was paid to the estate, there must have been no listed beneficiary. Just because the probate court closed the estate does not mean the checking account opened to handle money has been closed. If that account is till opened, the money should be deposited in that account and then paid to the heirs as instructed by the will or how the probate court instructed.

If you are the executor of the estate, you just follow the courts instructions. If you are not the executor, let them know that additional money has been found in the form of insurance proceeds.

Yes.

http://www.wikihow.com/Know-when-to-Reopen-an-Estate gives some information

Hmmm. I think the most honorable thing to do would be pay the portions due to the others. I just went through this with my Dad’s death. My sister was executor but we should have gone with co executors because she was on a power trip. She may have done some of the paper work but I was made responsible for selling vehicles (w/ notarized bills of sale that had her name and the buyers which was just about impossible considering she lived 4 states away), packing up and moving the contents of his house, packing up her portion of his stuff in a uhaul for my mom to drive to her. Then she tells me she could have charged expense for flying and expense for being executor. Please! What a mess the rest of my family better stay alive becaue the wolves come out when tragedy happens. $1000 is not worth tearing a family apart!