CHAPTER 801b
PROBATE COURT PROCEDURES

Table of Contents

Sec. 45a-106. Entry fees. Basic costs other than for decedent's estates and fiduciary accountings.
Sec. 45a-107. Costs for settlement of decedent's estate.
Sec. 45a-132. (Formerly Sec. 45-54). Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons.
Sec. 45a-187. (Formerly Sec. 45-289). Time of taking appeals.

PART I
UNIFORM COSTS

      Sec. 45a-106. Entry fees. Basic costs other than for decedent's estates and fiduciary accountings. The basic costs payable to courts of probate for any proceeding other than in connection with the settlement of the estate of a deceased person or periodic accounts of trustees, guardians, conservators or other fiduciaries shall be as follows:

      (1) Except for such proceedings for which basic costs are specified in subdivision (7) or (8) of this section or are otherwise specified or exempted in section 45a-111 or elsewhere in the general statutes, there shall be payable to the Court of Probate with respect to each application, petition or motion filed with the court to commence a matter before it, an entry fee of one hundred fifty dollars which shall be paid by the person making the application, petition or motion.

      (2) On each matter commenced by the court on its own motion, an entry fee of one hundred fifty dollars shall be payable by an interested party as determined by the court.

      (3) If more than one hearing is held in any matter so entered, an additional charge of twenty-five dollars shall be payable to the court by the party paying the entry fee in the matter, or, in the discretion of the court, by any interested party against whom the court shall assess such additional charge.

      (4) If the total time of any one hearing in the matter exceeds one hour, an additional charge of twenty-five dollars per hour for each hour in excess of the first hour shall be payable to the court by the party paying the entry fee in the matter, or, in the discretion of the court, by any interested party against whom the court shall assess the additional charge, provided the additional charge shall not exceed three hundred dollars.

      (5) For purposes of establishing charges payable to courts of probate hereunder, all applications, petitions and motions filed and proceedings thereunder, in connection with a matter which has been entered as above, which are necessary to enter a final decree in and are incidental to the action of the court being sought in the matter so entered shall be covered by the entry fee and by any additional charge under subdivisions (3) and (4) of this section that may have become payable in such matter. No additional charges under this section shall be made for any such incidental applications, petitions or motions, provided once a final decree is entered in any matter and, thereafter, additional action or actions are sought in the court in connection therewith, such additional action or actions shall be treated as a new matter hereunder.

      (6) For the purpose of sections 45a-106 to 45a-112, inclusive, there shall be a charge of fifty dollars for an appeal which shall be payable to the court by the appellant.

      (7) For proceedings brought under section 46b-30, the cost shall be twenty-five dollars.

      (8) For filing a will in the Probate Court, the cost shall be five dollars. For filing any other document in the probate court under the provisions of any statute if the court is not required to take any action, the cost shall be twenty-five dollars, in addition to any applicable re:CHY:cording charge. The cost shall be payable by the person filing such document.

      (9) A charge of fifty dollars plus the actual costs of rescheduling the adjourned hearing shall be payable to the court by any party who requests an adjournment of a scheduled hearing or whose failure to appear necessitates an adjournment, provided the court, for cause shown, may waive either the charge or the costs, or both.

      (P.A. 90-146, S. 2; P.A. 93-279, S. 8, 20; P.A. 97-93, S. 1, 3; P.A. 03-188, S. 2; P.A. 05-10, S. 18; 05-288, S. 240.)

      History: P.A. 93-279 changed entry fee from ninety to one hundred dollars, increased the cost of additional hearings or hearings exceeding one hour to twenty-five dollars, increased cost of appeal to fifty dollars, payable by appellant, increased cost of proceedings under Secs. 46b-26, 46b-27 and 46b-30 from five to twenty-five dollars, added provision that cost for filing will shall be five dollars and increased cost for filing any other document from five to twenty-five dollars in addition to any re:CHY:cording charge and added provision that charge of fifty dollars plus actual costs of rescheduling hearing shall be payable by person requesting or necessitating rescheduled hearing, provided court may waive charge or costs, effective July 1, 1993; P.A. 97-93 amended Subdivs. (1) and (2) to increase entry fees to one hundred fifty from one hundred dollars, effective January 1, 1998; P.A. 03-188 amended Subdiv. (7) by deleting references to repealed Secs. 46b-26 and 46b-27 and making a technical change; P.A. 05-10 amended Subdiv. (7) to add reference to Sec. 46b-38jj; P.A. 05-288 repealed change to Subdiv. (7) enacted by P.A. 05-10.

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      Sec. 45a-107. Costs for settlement of decedent's estate. (a) The basic costs for all proceedings in the settlement of the estate of any deceased person, including succession and estate tax proceedings, shall be in accordance with the provisions of this section.

      (b) For estates in which proceedings were commenced on or after April 1, 1998, costs shall be computed as follows:

      (1) The basis for costs shall be (A) the gross estate for succession tax purposes, as provided in section 12-349, the inventory, including all supplements thereto, the Connecticut taxable estate, as defined in section 12-391, or the gross estate for estate tax purposes, as provided in chapters 217 and 218, whichever is greater, plus (B) all damages recovered for injuries resulting in death minus any hospital and medical expenses for treatment of such injuries resulting in death minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for costs that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivision (3) of this subsection, in no case shall the minimum cost be less than twenty-five dollars.

      (2) Except as provided in subdivisions (3) and (4) of this subsection, costs shall be assessed in accordance with the following table:

Basis for Computation
Of Costs
Total Cost
 
0 to $500$25
$501 to $1,000$50
$1,000 to $10,000
 
$50, plus 1% of all
    in excess of $1,000
$10,000 to $500,000
 
$150, plus .35% of all
    in excess of $10,000
$500,000 to $4,754,000
 
$1,865 plus .25% of all
    in excess of $500,000
$4,754,000 and over$12,500

      (3) Notwithstanding the provisions of subdivision (1) of this subsection, if the basis for costs is less than ten thousand dollars and a full estate is opened, the minimum cost shall be one hundred fifty dollars.

      (4) In estates where the gross taxable estate is less than six hundred thousand dollars, in which no succession tax return is required to be filed, a probate fee of .1 per cent shall be charged against non-solely-owned real estate, in addition to any other fees computed under this section.

      (c) For estates in which proceedings were commenced on or after July 1, 1993, and prior to April 1, 1998, costs shall be computed as follows:

      (1) The basis for costs shall be: (A) The gross estate for succession tax purposes, as provided in section 12-349, or the inventory, including all supplements thereto, whichever is greater, plus (B) all damages recovered for injuries resulting in death minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for costs that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivision (3) of this subsection, in no case shall the minimum cost be less than ten dollars.

      (2) Except as provided in subdivision (3) of this subsection, costs shall be assessed in accordance with the following table:

Basis for Computation
Of Costs
Total Cost
 
0 to $1,000$10.00
$1,000 to $10,000
 
$10, plus 1% of all
    in excess of $1,000
$10,000 to $500,000
 
$100, plus .30% of all
    in excess of $10,000
$500,000 to $4,715,000
 
$1,570, plus .20% of all
    in excess of $500,000
$4,715,000 and over$10,000

      (3) If the basis for costs is less than ten thousand dollars and a full estate is opened, the minimum cost shall be one hundred dollars.

      (d) For estates in which proceedings were commenced on or after July 1, 1983, and prior to July 1, 1993, costs shall be computed as follows:

      (1) The basis for costs shall be: (A) The gross estate for succession tax purposes, as provided in section 12-349, minus one-third of the first fifty thousand dollars of any part of the gross estate for succession tax purposes that passes other than by will or under the laws of intestacy, plus (B) all damages recovered for injuries resulting in death minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages.

      (2) Costs shall be assessed in accordance with the following table:

Basis for Computation
Of Costs
Total Cost
 
0 to $1,000$10.00
$1,000 to $10,000
 
$10, plus 1% of all
    in excess of $1,000
$10,000 to $100,000 $100, plus .30% of all
    in excess of $10,000
$100,000 to $200,000 $370, plus .25% of all
    in excess of $100,000
$200,000 to $500,000 $620, plus .2% of all
    in excess of $200,000
$500,000 to $1,000,000 $1,220, plus .15% of all
    in excess of $500,000
$1,000,000 to $5,000,000 $1,970, plus .125% of all
    in excess of $1,000,000
$5,000,000 and over $6,970, plus .1% of all
    in excess of $5,000,000

      (e) For estates in which proceedings were commenced prior to July 1, 1983, costs shall be computed as follows:

With respect to any
estate in which any
proceedings were
commenced or succession
tax documents filed:
Costs computed under:
 
 
 
Prior to January 1, 1968
 
 
Section 45-17 of the
1961 supplement to
the general statutes
Prior to July 1, 1969, but
on or after January 1, 1968
 
Section 45-17a of the
1967 supplement to
the general statutes
Prior to July 1, 1978, but
on or after July 1, 1969
 
Section 45-17a of the
1969 supplement to
the general statutes
Prior to July 1, 1983, but
on or after July 1, 1978
 
 
Section 45-17a of the
general statutes,
revised to
January 1, 1983

      (f) If more than one hearing is held in any matter under this section, an additional charge of twenty-five dollars shall be payable to the court by the estate, or, in the discretion of the court, by any interested party against whom the court shall assess such additional charge.

      (g) If the total time of any one hearing in the matter exceeds one hour, an additional charge of twenty-five dollars per hour for each hour in excess of the first hour shall be payable to the court by the estate, or at the discretion of the court by any interested party against whom the court shall assess the additional charge, provided the additional charge shall not exceed three hundred dollars.

      (h) A charge of fifty dollars shall be payable to the court by any creditor applying to the Court of Probate pursuant to section 45a-364 or 45a-401 for consideration of a claim. If such claim is allowed by the court, the court may order the fiduciary to reimburse the charge from the estate.

      (i) A charge of fifty dollars for an appeal shall be payable to the court by the appellant.

      (j) A charge of fifty dollars plus the actual costs of rescheduling the adjourned hearing shall be payable to the court by any party who requests an adjournment of a scheduled hearing or whose failure to appear necessitates an adjournment, provided the court may waive the charge and costs for cause shown.

      (k) In no event shall any fee exceed ten thousand dollars for any estate in which proceedings were commenced prior to April 1, 1998, and twelve thousand five hundred dollars for any estate in which proceedings were commenced on or after April 1, 1998.

      (P.A. 90-146, S. 3; P.A. 93-279, S. 9, 20; P.A. 94-66, S. 1, 3; P.A. 97-93, S. 2, 3; June Sp. Sess. P.A. 05-3, S. 56; June Sp. Sess. P.A. 05-5, S. 15.)

      History: P.A. 93-279 added Subsec. (b) re computation of costs for estates commenced on or after July 1, 1993, relettered remaining Subsecs. and added Subsecs. (e) and (f) re additional charges of twenty-five dollars for more than one hearing or if total time of hearing exceeds one hour payable by estate or any interested party at the discretion of the court, Subsec. (g) re charge of one hundred dollars payable to court by creditor applying pursuant to Sec. 45a-101 for consideration of a claim, Subsec. (h) re charge of fifty dollars for appeal payable by appellant and Subsec. (i) re charge of fifty dollars plus actual costs for rescheduling hearing and increased maximum amount of any fee from seven thousand five hundred to ten thousand dollars, effective July 1, 1993; P.A. 94-66 amended Subsec. (g) to reduce the charge payable by a creditor from one hundred to fifty dollars and make the charge applicable to applications made pursuant to Sec. 45a-364, effective July 1, 1994; P.A. 97-93 amended Subsec. (a) to add estate tax proceedings and added new Subsec. (b) to increase entry fees and basic costs for estates in which proceedings commenced on or after April 1, 1998, redesignated existing Subsecs. (b) to (j), inclusive, as Subsecs. (c) to (k), inclusive, and amended Subsec. (k) to add maximum fee of twelve thousand five hundred dollars for any estate in which proceedings were commenced on or after April 1, 1998; June Sp. Sess. P.A. 05-3 amended Subsec. (b)(1) by replacing "gross estate" with "Connecticut taxable estate" as a basis for costs, effective June 30, 2005, and applicable to estates of decedents dying on or after January 1, 2005; June Sp. Sess. P.A. 05-5 amended Subsec. (b)(1) by adding the gross estate as another basis for costs, effective July 1, 2005, and applicable to estates of decedents dying on or after January 1, 2005.

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PART II
PROBATE COURT PROCEEDINGS IN GENERAL

      Sec. 45a-132. (Formerly Sec. 45-54). Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons.

      Subsec. (f):

      Language of subsec. broad enough to permit court to extend appointment of guardian ad litem beyond duration of custody proceedings. 90 CA 744.

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PART VII
PROBATE APPEALS

      Sec. 45a-187. (Formerly Sec. 45-289). Time of taking appeals. (a) An appeal under section 45a-186 by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing, shall be taken within thirty days, except as otherwise provided in this section. If such persons have no notice to be present and are not present, or have not been given notice of their right to request a hearing, such appeal shall be taken within twelve months, except for appeals by such persons from an order of termination of parental rights, other than an order of termination of parental rights based on consent, or a decree of adoption, in which case appeal shall be taken within ninety days. An appeal from an order of termination of parental rights based on consent, which order is issued on or after October 1, 2004, shall be taken within twenty days.

      (b) An appeal from any probate order for the payment of claims or dividends on claims against any insolvent estate shall not be allowed unless it is taken within thirty days after the making of such order.

      (c) An order, denial or decree of a court of probate shall not be invalid because of the disqualification of the judge unless appeal therefrom is taken within thirty days.

      (1949 Rev., S. 7072; 1953, S. 2948d; P.A. 74-164, S. 12, 20; P.A. 80-476, S. 93; P.A. 98-219, S. 25; P.A. 04-128, S. 1; P.A. 05-288, S. 151.)

      History: P.A. 74-164 added exception re appeals from decree of termination of parental rights or adoption; P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-289 transferred to Sec. 45a-187 in 1991; P.A. 98-219 amended Subsec. (a) by adding reference to appeals by persons "who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing"; P.A. 04-128 amended Subsec. (a) by adding provisions re appeal from order of termination of parental rights based on consent and by making conforming and technical changes; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.

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