May a court order denying probate of a will be overturned after the appeal period has lapsed? Why?

• A. Yes, within sixty days after learning of the judgment and not more than six months after such judgment.
• B. No, once the appeal period lapses, it cannot be overturned.
• C. Yes, but only for extrinsic fraud.
• D. Yes, if there is lack of jurisdiction.

Answer: (A)

Relief from judgment is the mechanism that allows a court to set aside a final order, even if the normal period to appeal has passed. For a probate denial, you can pursue this relief if you act within specific time limits. The key rule is that you may file within sixty days after you learn of the judgment, but you may not be more than six months from the date of the judgment itself. This ensures prompt action once you discover the issue, while preventing forever delaying relief.

So the best choice reflects both clock standards: a discovery-based window (sixty days after learning) and a hard absolute cutoff (six months after the judgment). Grounds like extrinsic fraud or lack of jurisdiction can justify relief, but the central point here is the time limits. The other options are too narrow or incorrectly dismiss relief altogether.