43 C.F.R. § 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.
Notes of Decisions
Cited in 3
cases, 2016–2016 · leading case: In Re the Est. of Flaws, 2016 SD 60 (S.D. 2016).
In Re the Est. of Flaws, 2016 SD 60 (S.D. 2016). “Second, Appellants submit that Yvette lacks standing as her claims are untimely and barred by the statutes of limitations set forth in SDCL 29A-3-412 and 43 C.F.R. § 30.243 (a) (2016). [¶ 21.] Yvette, in response, contends that the circuit court’s determination' of Lorraine’s…”
In Re the Est. of Flaws, 2016 SD 61 (S.D. 2016). “Second, Appellants submit that Tamara lacks standing as her claims are untimely and barred by statutes of limitations in SDCL 29A-3-412 and 43 C.F.R. § 30.243 (a) (2016). [¶ 15.] Tamara, in response, contends that the circuit court’s determination of Lorraine’s heirs did not…”
Est. of Sauser v. United States, 171 F. Supp. 3d 947 (D.S.D. 2016). “In its July 17, 2014 order, the IBIA mistakenly cited 43 C.F.R. § 30.243 for the definition of "final order.”
— 43 C.F.R. § 30.243(a) — 1 case
In Re the Est. of Flaws, 2016 SD 61 (S.D. 2016). “Second, Appellants submit that Tamara lacks standing as her claims are untimely and barred by statutes of limitations in SDCL 29A-3-412 and 43 C.F.R. § 30.243 (a) (2016). [¶ 15.] Tamara, in response, contends that the circuit court’s determination of Lorraine’s heirs did not…”
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