View all text of Subjgrp 125 [§ 30.235 - § 30.253]

§ 30.243 - May a closed probate case be reopened?

A closed probate case may be reopened if the decision or order issued in the probate case contains an error of fact or law (including, but not limited to, a missing or improperly included heir or devisee, a found will, or an error in the distribution of property), and the error is discovered more than 30 days after the mailing date of a decision.

(a) Any interested party or BIA may seek correction of the error of fact or law by filing a petition for reopening with the judge.

(b) Reopening may also be initiated on a judge's own motion.

[86 FR 72087, Dec. 20, 2021, as amended at 88 FR 39769, June 20, 2023]