CFR

30.242—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.
(2) 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.

(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.

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