30.242—May a closed probate case be reopened?
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. |
(1)
Include all relevant evidence, in the form of documents or affidavits, concerning when the petitioner discovered the alleged error; and