I am so sorry for your loss and for the situation as it stands.  Unfortunately you must discontinue the small estate and file a regular probate petition.  The Surrogate may allow the notice to carry over if it was general enough to qualify as notice to all types of estates and not just a small estate. Your Uncle can make that application to save some money. Here is a link to help you. Good luck.http://www.50statelegalforms.com/files/form1/form14821.pdf