reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801a - Probate Court: Jurisdiction, Powers › Section 45a-98d. - Probate Court authority to transfer or dismiss a petition, application or motion for lack of jurisdiction. Transfer of file.

(a) If a Probate Court finds, after notice and hearing on any petition, application or motion, that the court does not have jurisdiction to hear the petition, application or motion but that another Probate Court of this state does have jurisdiction to hear the petition, application or motion, the court may order that the file be transferred to the court that has jurisdiction or may dismiss the petition, application or motion for lack of jurisdiction. If the transferring court finds that more than one Probate Court has jurisdiction over the petition, application or motion, the transferring court may order that the file be transferred to the Probate Court that the transferring court finds is the most convenient forum for the parties. The transferring court shall make written findings on the basis for its finding that the transferee court has jurisdiction over the petition, application or motion, and, if applicable, which court is the most convenient forum for the parties. The transferring court's findings shall be conclusive for all further proceedings on the petition, application or motion, except that a transfer order under this section shall be subject to appeal as provided in section 45a-186.
(b) Upon issuance of a transfer order under subsection (a) of this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall proceed on the underlying petition, application or motion as if it had originally been filed with the transferee court. No additional filing fee shall apply with respect to the transferred petition, application or motion.
(c) Nothing in this section shall prevent a court that has jurisdiction over a case from transferring the case to another court under a statute authorizing such transfer.
(P.A. 16-7, S. 1; P.A. 17-136, S. 15.)
History: P.A. 17-136 amended Subsec. (b) by replacing provision re certified copies of documents in the transferring court's file be delivered to transferee court with provision re transferring court to transmit digital image of each document in court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator, effective January 1, 2018
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801a - Probate Court: Jurisdiction, Powers › Section 45a-98e. - State agency recognition and application of Probate Court order, denial or decree.

To the extent permitted by federal law, each state agency that is a party to a Probate Court proceeding shall recognize and apply any order, denial or decree of a Probate Court, issued on or after October 1, 2022, provided such Probate Court has statutory jurisdiction to issue such order, denial or decree. Any party aggrieved by such order, denial or decree of such Probate Court may appeal therefrom to the Superior Court in accordance with section 45a-186. As used in this section, “state agency” means an agency, as defined in section 4-166.
(P.A. 22-112, S. 1.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-105. - Uniform fees in Probate Courts.

The fees charged by Probate Courts shall be uniform for all of the probate districts established by law. Fees shall be assessed in accordance with sections 45a-106a, 45a-107, 45a-108a and 45a-109 to 45a-112, inclusive.
(P.A. 90-146, S. 1; P.A. 12-45, S. 1; P.A. 13-199, S. 4; June Sp. Sess. P.A. 15-5, S. 447.)
History: P.A. 12-45 substituted “fees” for “costs”, effective January 1, 2013; P.A. 13-199 substituted “probate courts” for “courts of probate”, effective January 1, 2014; June Sp. Sess. P.A. 15-5 deleted reference to Sec. 45a-106, added references to Secs. 45a-106a, 45a-107, 45a-108a and 45a-109 and made a technical change, effective July 1, 2015.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-106. - Entry fees. Basic fees other than for decedent's estates and fiduciary accountings. Fee for motion to appear pro hac vice.

Section 45a-106 is repealed, effective January 1, 2016.
(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; P.A. 10-184, S. 5; P.A. 12-45, S. 2; P.A. 13-199, S. 1; June Sp. Sess. P.A. 15-5, S. 522.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-107a. - Development of method of determination of gross estate for purposes of computation of cost for settlement of estates.

Section 45a-107a is repealed, effective July 1, 2012.
(P.A. 95-256, S. 2; P.A. 12-45, S. 9.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-108. - Fees for accounting other than with respect to a decedent's estate. Fee for motion to appear pro hac vice.

Section 45a-108 is repealed, effective January 1, 2016.
(P.A. 90-146, S. 4; P.A. 93-279, S. 10, 20; P.A. 10-184, S. 6; P.A. 12-45, S. 4; P.A. 13-199, S. 3; June Sp. Sess. P.A. 15-5, S. 522.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-108a. - Fees for accounting in matters other than decedent's estate.

(a) On or after January 1, 2016, the basic fee for a fiduciary to file an account in the Probate Court in any matter other than a decedent's estate is the greater of:
(1) The product of the number of one year periods or part thereof covered by the account times 0.05 per cent of the greatest of: (A) The fiduciary acquisition value of assets on hand at the beginning of the accounting period; (B) the fiduciary acquisition value of assets on hand at the end of the accounting period; (C) the fair market value of assets on hand at the beginning of the accounting period; or (D) the fair market value of assets on hand at the end of the accounting period;
(2) 0.05 per cent of the total of all receipts during the accounting period; or
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, the minimum fee under this subsection shall be fifty dollars regardless of the period of time covered by the account and the maximum fee shall not exceed five hundred dollars per year or part thereof covered by the account.
(b) The fees under this section apply to each account that covers a unique accounting period. No additional fee shall be charged for filing an amended or substitute account covering the same period as the original filing.
(c) For the purposes of this section, “fiduciary acquisition value” has the meaning set forth in the rules of procedure approved by the Supreme Court under section 45a-78.
(d) The fee under subsection (a) of this section shall be due when the fiduciary files an account. The court shall issue an invoice for the fee and any expenses under section 45a-109 on receipt of the account and as necessary thereafter. The balance of any such fee that is not paid within thirty days of the date of an invoice from the court shall bear interest at the rate of one-half of one per cent per month or portion thereof until paid. The court may extend the time for payment of any fee under this subsection if it appears to the court that requiring payment by the due date would cause undue hardship. No additional interest shall accrue during the period of such extension. The court may not waive interest outside of any extension period.
(e) No fee shall be charged under this section if exempted or waived under section 45a-111 or any other provision of the general statutes.
(June Sp. Sess. P.A. 15-5, S. 450.)
History: June Sp. Sess. P.A. 15-5 effective January 1, 2016.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-110. - Persons responsible for payment of fees and expenses.

(a) With respect to a decedent's estate, the fees and expenses under sections 45a-107 and 45a-109 shall be paid for by the executor or administrator, except that if there is no such fiduciary, the fees and expenses shall be paid by the person filing the succession tax return under section 12-359 or the estate tax return under section 12-392.
(b) In the case of any proceeding commenced on motion of the court, the court may assess the fees and expenses provided for under sections 45a-106a, 45a-107 and 45a-109 against one or more parties in such proportion as the court determines equitable. No fee shall be charged under this subsection for a hearing on the court's own motion to remove a fiduciary for failure to file required documents.
(c) Except as provided in subsection (a) of this section, the person filing the motion, petition, application or account shall pay the fees and expenses provided for by sections 45a-106a, 45a-108a and 45a-109, unless otherwise provided by law. The court may order the fiduciary of an estate to reimburse a party for any such fees and expenses if the court determines that reimbursement is equitable.
(P.A. 90-146, S. 6; P.A. 10-184, S. 2; P.A. 12-45, S. 6; June Sp. Sess. P.A. 15-5, S. 452; P.A. 18-45, S. 4.)
History: P.A. 10-184 amended Subsec. (a) to add “or a tax return under section 12-392” and added “charges” throughout, effective June 8, 2010; P.A. 12-45 deleted references to costs and charges and made technical changes, effective January 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding reference to Sec. 45a-109, substituting “the fees and expenses shall be paid by the person” for “by the transferee” and making technical changes, deleted former Subsecs. (b) to (d) re payment of fees and expenses paid in connection with proceedings under Sec. 45a-108, payment of fees and expenses in proceeding commenced on motion of court and payment of fees and expenses in all other cases, respectively, added new Subsec. (b) re assessment of fees and expenses in proceeding commenced on motion of court, and added new Subsec. (c) re payment of fees and expenses by person filing motion, petition, application or account, effective July 1, 2015; P.A. 18-45 amended Subsec. (b) by adding provision re no fee to be charged for hearing on court's own motion to remove fiduciary for failure to file required documents, effective May 31, 2018.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-112. - Filing fee and other fees and expenses when state is applicant, petitioner or moving party.

When the state or any of its agencies is an applicant, petitioner or moving party commencing a matter in a Probate Court, or is otherwise liable for the fees or expenses under sections 45a-106a to 45a-112, inclusive, the court shall accept such matter without the filing fee accompanying the filing thereof, and shall bill the filing fee or other fee or expense to the appropriate agency for subsequent payment, which payment shall be due and payable upon receipt of such bill.
(P.A. 90-146, S. 8; P.A. 12-45, S. 8; P.A. 13-199, S. 7; June Sp. Sess. P.A. 15-5, S. 456; P.A. 21-100, S. 6.)
History: P.A. 12-45 replaced references to charges with references to fees or expenses, effective January 1, 2013; P.A. 13-199 substituted “probate court” for “court of probate”, effective January 1, 2014; June Sp. Sess. P.A. 15-5 substituted “45a-107” for “45a-106” and made a technical change, effective January 1, 2016; P.A. 21-100 replaced reference to Sec. 45a-107 with reference to Sec. 45a-106a and replaced “entry fee” with “filing fee”, effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-113. - Payment of costs by credit card. Service fee.

Section 45a-113 is repealed, effective June 6, 2014.
(P.A. 10-184, S. 4; P.A. 14-103, S. 16.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-113a. - Refund for overpayment of costs.

Whenever a Probate Court determines that a refund is due an applicant, petitioner, moving party or other person for any overpayment of costs, fees, charges or expenses incurred under the provisions of sections 45a-106a to 45a-112, inclusive, the Probate Court Administrator shall, upon receipt of certification of such overpayment by the Probate Court that issued the invoice for such costs, fees, charges or expenses, cause a refund of such overpayment to be issued from the Probate Court Administration Fund.
(P.A. 10-184, S. 3; P.A. 11-128, S. 15; P.A. 13-199, S. 8; June Sp. Sess. P.A. 15-5, S. 457; P.A. 21-100, S. 7.)
History: P.A. 10-184 effective January 1, 2011; P.A. 11-128 inserted “overpayment of”, effective July 8, 2011; P.A. 13-199 substituted “probate court” for “court” and “court of probate”, effective January 1, 2014; June Sp. Sess. P.A. 15-5 substituted “45a-107” for “45a-106” and made technical changes, effective January 1, 2016; P.A. 21-100 replaced reference to Sec. 45a-107 with reference to Sec. 45a-106a, effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-113b. - *(See end of section for amended version and effective date.) Payment of fees by credit card, charge card, debit card or electronic funds transfer. Service fee.

Each court of probate may allow the payment of any fees charged by such court by means of a credit card, charge card, debit card or an electronic funds transfer and may charge the person making such payment a service fee for any such payment made by any such card or electronic funds transfer. The fee shall not exceed any charge by the card issuer or processing fee for electronic funds transfer, including any discount rate.
(P.A. 13-247, S. 65; P.A. 21-100, S. 8.)
*Note: On and after July 1, 2022, this section, as amended by section 442 of public act 21-1 of the June special session, is to read as follows:
“Sec. 45a-113b. Payment of fees by credit card, charge card or debit card. Service fee. Each Probate Court may allow the payment of any fees charged by such court by means of a credit card, charge card or debit card. Such court shall charge the person making such payment a service fee for any such payment made by means of any such card. The fee shall not exceed any charge by the card issuer, including any discount rate. The Probate Court Administrator shall determine the rate or amount of the service fee for any such card in accordance with subsection (c) of section 1-1j.”
(P.A. 13-247, S. 65; P.A. 21-100, S. 8; June Sp. Sess. P.A. 21-2, S. 442.)
History: P.A. 13-247 effective July 1, 2013; P.A. 21-100 added references to electronic funds transfer, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended section to require the charging of a service fee, add provision re rate or amount of service fee and make a technical change, effective July 1, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-113c. - Liens upon real estate that are deemed released.

(a) Any lien upon real estate situated in this state for either (1) the succession tax, other than for estates of decedents who died on or prior to January 1, 2005, and that, prior to October 1, 2018, had filed a return under section 12-359 or been assessed a tax under section 12-367, or (2) the tax that was imposed under chapter 217, as in effect prior to January 1, 2005, and that prior to the effective date of this section, had filed a return or been assessed a tax under section 12-392, shall be deemed released.
(b) Notwithstanding any other provision of title 12, any lien upon real estate situated in this state for the tax imposed under chapter 217, as in effect after December 31, 2004, shall be deemed released ten years from the date of the death of the decedent, except for estates that have filed a return or been assessed a tax under section 12-392, prior to ten years from the date of the death of the decedent.
(c) Notwithstanding the provisions of subsection (a) or (b) of this section, no lien that is released under said subsection (a) or (b) shall serve as either the basis for any claim for refund or result in the issuance of any refund of any payments that were made or otherwise applied by the Commissioner of Revenue Services against the taxes that gave rise to such liens.
(P.A. 22-136, S. 3.)
History: P.A. 22-136 effective May 27, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-119. (Formerly Sec. 45-7). - Judge may call assistance.

In the determination of any matter pending before a court of probate, the judge may call to his assistance any judge of the Superior Court, any other judge of probate or the Probate Court Administrator who, personally or by his designee, shall assist the judge.
(1949 Rev., S. 6814; 1967, P.A. 558, S. 13; P.A. 77-452, S. 64, 72; P.A. 80-476, S. 10.)
History: 1967 act authorized judge to call upon probate court administrator for assistance; P.A. 77-452 deleted reference to abolished court of common pleas; P.A. 80-476 made minor changes in wording; Sec. 45-7 transferred to Sec. 45a-119 in 1991.
Annotation to former section 45-7:
Provision existed in some form since 1716. 38 C. 479.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-120. (Formerly Sec. 45-10). - Citation of another judge.

If any judge of probate declines to act or is disqualified from acting as judge of probate, or is absent or unable to discharge his duties, or if the office of judge of probate in any district becomes vacant, the Probate Court Administrator shall cite any judge of probate to act as judge of probate in the district to which he has been cited during such inability, absence or vacancy or in the matters in which the judge declines to act or is disqualified.
(1949 Rev., S. 6818; 1967, P.A. 558, S. 15; 1969, P.A. 323, S. 2; P.A. 80-476, S. 14.)
History: 1967 act made provisions applicable to suspensions of judges and required that probate court administrator, rather than clerk of probate court or judge of superior or common pleas court, cite judge to act as substitute; 1969 act deleted references to suspensions and added references to judges' absence; P.A. 80-476 reworded provisions but made no substantive change; Sec. 45-10 transferred to Sec. 45a-120 in 1991.
Annotations to former section 45-10:
Judge may cite, instead of clerk. 59 C. 354. Cited. 134 C. 606. Former provisions for suspension of judge of probate by Chief Court Administrator unconstitutional. 157 C. 150.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-121. (Formerly Sec. 45-11). - Judge cited may issue order in his own district.

Any judge of probate who is cited and qualified to act in another district may issue any order in his own district, as acting judge of the other district, as long as no prior hearing of adverse parties is required. Any such order shall be recorded in the records of the other district.
(1949 Rev., S. 6819; P.A. 80-476, S. 15.)
History: P.A. 80-476 reworded provisions but made no substantive change; Sec. 45-11 transferred to Sec. 45a-121 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-122. (Formerly Sec. 45-4j). - Three-judge court for probate matters. Appointment. Powers and duties.

Section 45a-122 is repealed, effective October 1, 2015.
(P.A. 81-349, S. 3, 5; P.A. 84-294, S. 1; P.A. 15-217, S. 28.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-124. (Formerly Sec. 45-30). - Giving of orders of notice.

Any order of notice of a hearing or notice of the right to request a hearing in any proceeding in, or matter pending before, a court of probate, which is required by law to be given to interested persons, may be made by the judge, the clerk or the assistant clerk of such court of probate.
(1949 Rev., S. 6837; P.A. 80-476, S. 56; P.A. 98-219, S. 19.)
History: P.A. 80-476 rephrased provisions; Sec. 45-30 transferred to Sec. 45a-124 in 1991; P.A. 98-219 added phrase “or notice of the right to request a hearing”.
Annotations to former section 45-30:
Cited. 8 CS 263; 22 CS 234.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-125. (Formerly Sec. 45-31). - Manner of notice to be fixed by order of court.

Courts of probate may make any proper order for notice to be given to any person residing out of or absent from this state and, except as otherwise provided, to any person within the state to whom particular notice of any proceeding before such court is required by law. The notice given under the order shall be a legal notice to such person.
(1949 Rev., S. 6838; P.A. 80-476, S. 57.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-31 transferred to Sec. 45a-125 in 1991.
Annotations to former section 45-31:
Failure to give notice not jurisdictional defect. 77 C. 77; 81 C. 688. One receiving “legal notice” need not receive actual notice and loses right of appeal in 1 month. 96 C. 323.
Cited. 8 CS 262. Notice by publication is legal notice. 19 CS 104. Cited. 22 CS 234.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-126. (Formerly Sec. 45-32). - Giving of public notice.

(a) Whenever public notice is required in any proceeding in, or matter pending before, a court of probate, except as provided in sections 45a-124 to 45a-127, inclusive, such notice shall be by publication in a newspaper having a circulation in the district in which the court is held, for the length of time which the court directs. The court may prescribe such further notice as it deems requisite.
(b) Notwithstanding subsection (a) of this section, notice by publication is not required if actual notice is received by all parties interested in a matter or proceeding unless such notice is requested by an interested party or is required by the court.
(1949 Rev., S. 6839; P.A. 80-476, S. 58; P.A. 93-279, S. 12, 20.)
History: P.A. 80-476 rephrased provisions; Sec. 45-32 transferred to Sec. 45a-126 in 1991; P.A. 93-279 added Subsec. (b) to provide that notwithstanding requirement, under Subsec. (a), of notice by publication, notice by publication is not required if actual notice is received by all parties unless such notice is requested by an interested party or required by the court, effective July 1, 1993.
Annotations to former section 45-32:
Giving of this notice is sufficient although parties did not have actual notice. 96 C. 324; 107 C. 284. Cited. 163 C. 439.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-127. (Formerly Sec. 45-33). - Special notice to be given on written request.

(a) Any person who is interested in any estate, trust or other matter pending in any court of probate, or who is interested in any application that may be made to any court of probate for the probating of a will or the granting of administration, may, in person or by attorney, file with the court a written request for special notice to be given to him or his attorney of any application to the court and of any order passed by the court of probate in such estate, trust or other matter. The request shall state the estate, trust or other matter, cause or proceeding of which notice is desired and the post-office address of the person desiring the notice. Thereupon the court of probate shall give notice to such person or his attorney of any hearing in such estate, trust or other matter at least seven days before the time assigned for the hearing, in whatever manner the court finds to be reasonable under the circumstances.
(b) Any request for a special notice in the matter of probating a will or granting administration, before any application is made therefor, shall be obligatory upon the court for a period of thirty days from the date of filing the same.
(1949 Rev., S. 6840; 1955, S. 2900d; 1961, P.A. 25; P.A. 80-476, S. 59.)
History: 1961 act required seven days', rather than five days', notice of hearing; P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive changes; Sec. 45-33 transferred to Sec. 45a-127 in 1991.
See Sec. 51-53 re giving of notice of decrees by clerk of the court.
Annotations to former section 45-33:
Cited. 105 C. 603. Notice given by telegram unavailing to render court's decree invalid. 139 C. 720. Cited. 186 C. 360.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-129. (Formerly Sec. 45-262). - Examination of witnesses.

Any court of probate may, on its own motion or upon written application of any person having an interest in any matter before it, summon any person to appear and give testimony under oath relating to such matter. The attendance of any person who has been served with any subpoena may be secured by a capias.
(1949 Rev., S. 7038; 1949, S. 2941d; 1967, P.A. 312; P.A. 80-476, S. 62; P.A. 83-185; P.A. 84-294, S. 7.)
History: 1967 act specified that attendance of subpoenaed person may be secured by a capias; P.A. 80-476 divided section into Subsecs. and made minor wording changes; P.A. 83-185 amended Subsec. (a) by permitting any person having an interest in any matter to make application to summon witness and deleted Subsec. (b) re testimony of witness; P.A. 84-294 authorized probate court to act on its own motion; Sec. 45-262 transferred to Sec. 45a-129 in 1991.
Annotations to former section 45-262:
Court may compel production of papers. 9 C. 198. Warrant directed to indifferent person, valid. 15 C. 260. Does not apply to mere indebtedness. 28 C. 416. Applies to coexecutors. 35 C. 116. Cited. 146 C. 252; 193 C. 180.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-130. (Formerly Sec. 45-19). - Return of compliance with order of court.

When a court of probate orders any person to do any act, such person shall, upon compliance with the order, make written return to the court, which shall be prima facie evidence of the due execution of the order. The court may in its discretion require that such return be signed under penalty of false statement.
(1949 Rev., S. 6826; P.A. 77-12; P.A. 80-476, S. 63; P.A. 85-193, S. 1; P.A. 99-84, S. 15.)
History: P.A. 77-12 added exception re returns made by probate court employees; P.A. 80-476 rephrased provisions but made no substantive change; P.A. 85-193 provided that court may require return to be made under oath, deleting previous exception whereby probate court employees' returns were not required to be under oath; Sec. 45-19 transferred to Sec. 45a-130 in 1991; P.A. 99-84 deleted “made under oath” and inserted “signed under penalty of false statement”.
Annotations to former section 45-19:
Cited. 140 C. 594.
Failure to make a return of notice under oath to the Probate Court does not defeat the jurisdiction of the Superior Court to hear an appeal from such decree. 21 CS 352.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-131. (Formerly Sec. 45-16b). - Participation of employees of certain state agencies in proceedings.

In any proceeding in the Probate Court in which the state is interested through the Department of Social Services, the Department of Administrative Services or the Department of Veterans Affairs, any employee of any such department shall be permitted to participate fully in the proceeding in the same manner as any other interested party before the court. The judge of the court shall not require that the state be represented by an attorney-at-law as a condition of participation.
(1969, P.A. 260; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 69, 70, 521, 610; P.A. 79-560, S. 15, 39; P.A. 80-476, S. 64; P.A. 93-262, S. 63, 87; P.A. 97-144, S. 4; P.A. 16-167, S. 42.)
History: P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced department of finance and control with department of administrative services and, effective January 1, 1979, replaced department of social services with departments of income maintenance and human resources; P.A. 79-560 made technical corrections; P.A. 80-476 rephrased provisions; Sec. 45-16b transferred to Sec. 45a-131 in 1991; P.A. 93-262 changed reference to departments of income maintenance and human resources to department of social services, effective July 1, 1993; P.A. 97-144 added Department of Veterans' Affairs to agencies which may participate in certain Probate Court proceedings; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, effective July 1, 2016.
State must merely be an interested party; no delineation of such interest is required. 47 CS 42.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-132a. - Examination of allegedly incapable party. Refusal to undergo examination. Expense.

In any matter before a Probate Court in which the capacity of a party to the action is at issue, the court may order an examination of the allegedly incapable party by a physician or psychiatrist or, where appropriate, a psychologist, licensed to practice in the state, except that a conserved person, as defined in section 45a-644, the respondent to an application for involuntary representation made under section 45a-648 or a respondent to a petition for appointment of a temporary conservator made under section 45a-654 may refuse to undergo an examination ordered by the court under this section. The expense of such examination may be charged against the petitioner, the respondent, the party who requested such examination or the estate of the allegedly incapable party in such proportion as the judge of the court determines. If any such party is unable to pay such expense and files an affidavit with the court demonstrating the inability to pay, the reasonable compensation shall be established by, and paid from funds appropriated to, the Judicial Department, except that if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(P.A. 94-54; P.A. 96-170, S. 15, 23; P.A. 97-90, S. 5, 6; P.A. 07-116, S. 1; P.A. 18-45, S. 18.)
History: P.A. 96-170 changed funding of expense of examination from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 07-116 added exception for conserved persons and respondents to refuse to undergo examination and made technical changes; P.A. 18-45 replaced “an application” with “a petition”, and made a technical change.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-133. (Formerly Sec. 45-18). - Adjournment of court in absence of judge.

Whenever a court of probate assigns a time for a hearing on any matter, and the judge of the court, for any cause, is not present at the time assigned, the clerk or assistant clerk of the court may adjourn the court as necessary.
(1949 Rev., S. 6825; P.A. 80-476, S. 16.)
History: P.A. 80-476 rephrased provisions but made no substantive change; Sec. 45-18 transferred to Sec. 45a-133 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-134. - Decisions of probate court in contested cases. Time limit.

Any judge of a probate court who has commenced a hearing in any contested case shall have power to continue the hearing and shall render a decision not later than one hundred twenty days from the completion date of the hearing. If a judge of a probate court fails to render a decision within one hundred twenty days from the completion date of the hearing, any party may petition the Probate Court Administrator for relief which may include reassignment of the case to another judge. Failure of a judge to render a decision in a timely manner does not deprive the court of jurisdiction over the case. The parties may waive the provisions of this section.
(P.A. 99-84, S. 34.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-135. - Matter before probate court may be proved by statement in writing subscribed under penalty of false statement. Form.

Whenever, under any provision of the general statutes or under any regulation adopted pursuant to the general statutes, any matter before a probate court is required or permitted to be supported, evidenced, established or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in writing of the person making the same, other than a deposition, an oath of office, an oath required to be taken before a specified official other than a notary public, an oath required pursuant to section 45a-747 or an affidavit submitted pursuant to section 45a-285, such matter may, with like force and effect, be supported, evidenced, established or proved by the unsworn declaration, certificate, verification or statement in writing of such person which is subscribed by him under penalty of false statement and dated, in substantially the following form:
“I declare (or certify, verify or state) under penalty of false statement that the foregoing is true and correct. Executed on (date).
(Signature)”
(P.A. 99-84, S. 33.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-136. - Recording of proceedings when recording not otherwise required.

Whenever, in any court of probate, a recording of the proceedings is not required to be made pursuant to any other provision of statute, upon the written request of a party or a party's attorney, the judge of probate shall cause a recording to be made of the proceedings. A proceeding in which a recording has been made pursuant to this section shall not be deemed to be a hearing on the record for the purposes of section 45a-186a or a matter heard on the record for the purposes of section 45a-186b. The cost of any copy or transcript of such recording shall be charged against the person requesting it. Any recording under this section shall be made and retained in a manner approved by the Probate Court Administrator.
(P.A. 10-184, S. 7.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-136f. - eFiling system. Definitions. Electronic service of documents by registered filers.

(a) As used in this section:
(1) “eFiling system” means the system maintained by the Probate Court Administrator by which a person can use the Internet to file, send and receive documents, view court records and pay court fees and expenses in Probate Court matters.
(2) “eFiling access” means use of the eFiling system to view Probate Court records online.
(3) “Electronic service” or “eService” means use of the eFiling system to send a filing, notice or other document.
(4) “Registered filer” means a person who has registered to use the eFiling system.
(b) The Probate Court or a party or attorney in a Probate Court matter may send any filing, notice or other document to a registered filer by electronic service if the court has granted the registered filer's request for eFiling access to the matter. Notwithstanding any provision of the general statutes, electronic service shall satisfy any requirement under law concerning the transmission of the filing, notice or document by means other than personal service.
(P.A. 19-47, S. 1.)
History: P.A. 19-47 effective June 26, 2019.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-139. (Formerly Sec. 45-34a). - Probate bonds. Waiver, when.

(a) As used in this title, except as otherwise provided, “bond” or “probate bond” means a bond with security given to secure the faithful performance by an appointed fiduciary of the duties of the fiduciary's trust and the administration of and accounting for all moneys and other property coming into the fiduciary's hands, as fiduciary, according to law.
(b) Except as otherwise provided, every bond or probate bond shall be payable to the state, shall be conditioned for the faithful performance by the principal in the bond of the duties of the principal's trust and the administration of and accounting for all moneys and other property coming into the principal's hands, as fiduciary, according to law, and shall be in such amount and with such security as shall be required by the judge of probate having jurisdiction pursuant to rules prescribed by the Supreme Court. If bond is required of a fiduciary, the fiduciary's appointment shall not be effective until the bond has been accepted by the Court of Probate.
(c) A probate judge may waive the requirement of a bond if the assets of the estate are less than twenty thousand dollars, or if the amount of the estate which is not restricted by Probate Court order is less than ten thousand dollars.
(P.A. 80-227, S. 1, 24; P.A. 01-127, S. 4.)
History: P.A. 80-227 effective July 1, 1981; Sec. 45-34a transferred to Sec. 45a-139 in 1991; P.A. 01-127 made technical changes for purposes of gender neutrality in Subsecs. (a) and (b) and added Subsec. (c) re waiver of bond if assets of estate are less than $20,000 or if amount not restricted by court order is less than $10,000.
Section does not operate to extend applicability of a bond where bond was limited to misappropriation related to a real estate transaction, and not all misappropriations related to the estate, but rather Sec. 45a-164(b) applies. 269 C. 550.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-140. (Formerly Sec. 45-37). - Prohibition on judges, officers and employees of Probate Court acting as sureties or issuing probate bonds.

A judge of probate or officer or employee of any court of probate shall not act as surety for, and shall not, personally or as agent for any surety or bonding company, issue a probate bond to any administrator, executor, trustee or other person required to furnish a bond in any proceeding pending before any judge of probate or court of probate.
(1949 Rev., S. 6844; P.A. 80-476, S. 67.)
History: P.A. 80-476 rephrased provisions and included prohibition against acting as surety by probate court judge, officer or employee; Sec. 45-37 transferred to Sec. 45a-140 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-141. (Formerly Sec. 45-35). - Substitution of new bond.

(a) The principal or the surety, or the heirs, executors or administrators of the surety, upon any bond taken by any court of probate, may make written application to the court for an order permitting or requiring a new bond to be given in place of the existing bond. Thereupon the court shall cause reasonable notice of the application to be given to the surety, if the application is made by the principal, or to the principal, if the application is made by the surety, his heirs, executors or administrators, and to all persons whom the court finds to be interested in the estate for the security of which the bond was given, to appear and be heard upon the application at a time and place stated in the notice.
(b) If, upon hearing, the court finds that to grant the application would not prejudice the estate, it may authorize the principal to give a new probate bond, or order him to give a new bond within a time which it may limit. If the principal, having been ordered to give a new bond, fails to do so within the time limited by the court, it may remove him and appoint another in his stead. If the new bond is given to the approval of the court, the surety on the original bond and his representatives shall not be liable for any breach of the bond committed after the court approves the bond.
(1949 Rev., S. 6842; P.A. 80-476, S. 69.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive changes; Sec. 45-35 transferred to Sec. 45a-141 in 1991.
Annotation to former section 45-35:
A substituted bond covers money received while old bond is in force. 34 C. 112.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-142. (Formerly Sec. 45-39). - Filing and recording bonds.

The Court of Probate shall cause all bonds taken by it to be filed and recorded. In case of the loss of any bond, a certified copy of the record of the bond shall be admissible in evidence.
(1949 Rev., S. 6846; P.A. 80-476, S. 70.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-39 transferred to Sec. 45a-142 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-143. (Formerly Sec. 45-36). - Examination of estate. Removal of principal.

(a) The surety upon any bond taken by any court of probate, or any person interested in the bond, may at any time make written application to such court for an order requiring the principal to exhibit fully in writing before such court the condition of the estate held by him, so that it may be ascertained whether the estate is being properly managed. Thereupon the court shall cause reasonable notice of such application to be given to the principal. If, upon hearing, the court finds that such application was made in good faith, it shall make such order.
(b) If the principal refuses to obey such order or if, upon his obeying it, the court finds that the estate is not being properly managed by him, it shall remove him and appoint another in his place.
(1949 Rev., S. 6843; P.A. 80-476, S. 194.)
History: P.A. 80-476 divided section into Subsecs. and reworded provisions but made no substantive changes; Sec. 45-36 transferred to Sec. 45a-143 in 1991.
See Sec. 45a-242 re removal and replacement of fiduciaries.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-145. (Formerly Sec. 45-41). - Enforcement of judgment on bond.

(a) Any representative of an estate or any person suing on his own behalf and that of all others interested in the estate, who secures a judgment upon a probate bond, may file a judgment lien in his own name as representative of the estate or as representing himself and all other interested persons. He may, with the permission of the judge of the court of probate in which the estate is in settlement, bring any proper action to enforce the lien. He may, by order of the court of probate secured as provided in section 45a-162, sell any such lien or any real property obtained by the enforcement of the lien or upon execution and he may release the lien by a certificate of discharge.
(b) If any person bringing such an action on his own behalf and that of all others interested in the estate dies or is guilty of a breach of duty, the court of probate in which the estate is in settlement may appoint some other person in his stead. Such other person shall, upon giving a bond as provided in section 45a-144, acceptable to the court, be vested with the same rights and subject to the same duties as the person in whose stead he is acting with reference to the action, the enforcement of any judgment recovered or lien thereon and the discharge of any such lien.
(1949 Rev., S. 6848; P.A. 80-476, S. 72.)
History: P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-41 transferred to Sec. 45a-145 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-152. (Formerly Sec. 45-268a). - Suit upon claims. Time limitation.

When any guardian, conservator or testamentary or other trustee required to account in a court of probate is unable to settle or adjust any claim against him as such, or when any such guardian, conservator or trustee and a claimant against him are unable to agree concerning the amount or validity of such claim, such guardian, conservator or trustee may give written notice to such claimant of the disallowance of his claim, wholly or in part. Unless such claimant commences a suit against such guardian, conservator or trustee within four months after such notice has been given, such claimant shall be barred of his claim against such guardian, conservator or trustee, except such part as has been allowed, and of any such claim against the estate or trust; but, if such creditor dies within such four months and before suit has been brought, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.
(P.A. 80-476, S. 191.)
History: Sec. 45-268a transferred to Sec. 45a-152 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-153. (Formerly Sec. 45-232). - Submission of claims to arbitration.

(a) An executor, administrator, conservator, guardian or trustee appointed, or whose appointment has been approved, by a Probate Court, may apply in writing to the Probate Court having jurisdiction of his or her trust for an order authorizing the applicant to submit the matter in controversy to the arbitration of persons who are mutually agreed upon by the applicant and the other party to any matter in controversy which is described in this subsection or subsection (b) of this section, if: (1) The applicant has any claim in the applicant's capacity as such fiduciary, or on behalf of the interest which he or she represents, against any person or to any property; or (2) any person has any claim against or to any property which is in the applicant's control in the applicant's capacity as such fiduciary.
(b) The court may authorize the submission to arbitration following a hearing of which notice has been given to the parties in interest as ordered by the court.
(1949 Rev., S. 7017; P.A. 80-476, S. 74; P.A. 18-45, S. 17.)
History: P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-232 transferred to Sec. 45a-153 in 1991; P.A. 18-45 amended Subsec. (a) by deleting “, trustee in insolvency”, and making technical changes.
Annotation to former section 45-232:
Cited. 7 CS 225.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-154. (Formerly Sec. 45-233). - Award of arbitrators.

The award made upon submission to arbitration shall be in writing, signed by the arbitrator or arbitrators and returned to the Court of Probate. When the award is so made and accepted by the court and lodged on file, the award shall be final and binding upon all parties unless remonstrance is taken under section 45a-155.
(1949 Rev., S. 7018; P.A. 80-476, S. 75.)
History: P.A. 80-476 rephrased provisions and qualified provision making award final and binding by adding “unless remonstrance is taken under section 45-234”; Sec. 45-233 transferred to Sec. 45a-154 in 1991.