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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 43 - Public Lands: Interior |
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Subtitle A - Office of the Secretary of the Interior |
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Part 30 - Indian Probate Hearings Procedures |
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Subpart J - Formal Probate Proceedings |
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Decisions in Formal Proceedings |
§ 30.243 - May a closed probate case be reopened?
Latest version.
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§ 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]