Title 43
SECTION 30.243
30.243 May a closed probate case be reopened
§ 30.243 May a closed probate case be reopened?(a) The judge may reopen a closed probate case as shown in the following table.
| How the case can be reopened | Applicable deadline | Standard for reopening the case |
|---|---|---|
| (1) On the judge's own motion | (i) Initiated within 3 years after the date of the original decision | To correct an error of fact or law in the original decision. |
| (ii) Initiated more than 3 years after the date of the original decision | To correct an error of fact or law in the original decision which, if not corrected, would result in a manifest injustice. | |
| (2) On a petition filed by the agency | (i) Filed within 3 years after the date of the original decision | To correct an error of fact or law in the original decision. |
| (ii) Filed more than 3 years after the date of the original decision | To correct an error of fact or law in the original decision which, if not corrected, would result in a manifest injustice. | |
| (3) On a petition filed by the interested party | (i) Filed within 3 years after the date of the original decision and within 1 year after the petitioner's discovery of an alleged error | To correct an error of fact or law in the original decision. |
| (ii) Filed more than 3 years after the date of the original decision and within 1 year after the petitioner's discovery of an alleged error | To correct an error of act or law in the original decision which, if not corrected, would result in a manifest injustice. |
(b) All grounds for reopening must be set forth fully in the petition.
(c) A petition filed by an interested party must:
(1) Include all relevant evidence, in the form of documents or affidavits, concerning when the petitioner discovered the alleged error; and
(2) If the grounds for reopening are based on alleged errors of fact, be supported by affidavit.
[73 FR 67289, Nov. 13, 2008. Redesignated at 76 FR 7507, Feb. 10, 2011, as amended at 76 FR 7508, Feb. 10, 2011]