(a) The judge may reopen a closed probate case as shown in the following table. ------------------------------------------------------------------------
(1) On the judge's own (i) Initiated within To correct an error
motion. 3 years after the of fact or law in
date of the the original
original decision. decision.
(ii) Initiated more To correct an error
than 3 years after of fact or law in
the date of the the original
original decision. decision which, if
not corrected,
would result in a
manifest injustice.(2) On a petition filed by (i) Filed within 3 To correct an error
the agency. years after the of fact or law in
date of the the original
original decision. decision.
(ii) Filed more than To correct an error
3 years after the of fact or law in
date of the the original
original decision. decision which, if
not corrected,
would result in a
manifest injustice.(3) On a petition filed by (i) Filed within 3 To correct an error
the interested party. years after the of fact or law in
date of the the original
original decision decision.
and within 1 year
after the
petitioner's
discovery of an
alleged error.
(ii) Filed more than To correct an error
3 years after the of act or law in
date of the the original
original decision decision which, if
and within 1 year not corrected,
after the would result in a
petitioner's manifest injustice.
discovery of an
alleged error.------------------------------------------------------------------------
(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]