Title 45a, Title 45a: Probate Courts and Procedure

Sec. 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 Section 45a-107a is repealed, effective July 1, 2012.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.)

Sec. 45a-107b. Lien on real property for fees imposed in the settlement of decedent's estate. Release of lien by Probate Court. Petition for release of lien. (a) As used in this section: (1) “Bona fide purchaser” means a party who takes a conveyance of real property in good faith…

Sec. 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 Section 45a-108 is repealed, effective January 1, 2016.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; Jun…

Sec. 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 …

Sec. 45a-109. Miscellaneous fees: Recordings, notices, service of process, copies. In addition to the basic fees specified in sections 45a-106a, 45a-107 and 45a-108a, the following expenses shall be payable to the Probate Courts: (1) For recording each page or fraction thereof af…

Sec. 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 expens…

Sec. 45a-111. Exemptions, waivers and reduction of fees and expenses. (a) No fee or expense shall be charged for any proceedings in the settlement of the estate of any member of the armed forces who died while in service in time of war as defined in section 27-103. (b) No fees or…

Sec. 45a-112. Filing fee and other fees and expenses when state or United States Department of Veterans Affairs Connecticut Healthcare System is applicant, petitioner or moving party. When the state or any of its agencies or the United States Department of Veterans Affairs Connec…

Sec. 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 Section 45a-113 is repealed, effective June 6, 2014.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.)

Sec. 45a-113a. Refund for overpayment of costs. Exception. (a) 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-106…

Sec. 45a-113b. Payment of fees by credit card, charge card, debit card or electronic funds transfer. Service fee. Each Probate Court 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. Such co…

Sec. 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 ret…

Secs. 45a-114 to 45a-118. Reserved for future use. PART II PROBATE COURT PROCEEDINGS IN GENERAL

Sec. 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…

Sec. 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 Pro…

Sec. 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 …

Sec. 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.)

Sec. 45a-123. (Formerly Sec. 45-22). Referral to probate magistrate or attorney probate referee. Report. Hearing. Court decree. (a)(1) In any matter pending in any court of probate, except an involuntary patient matter or involuntary commitment matter under chapter 319i, a tempor…

Sec. 45a-123a. Probate magistrates. Attorney probate referees. Qualifications. Nomination and appointment. Compensation. (a)(1) There shall be probate magistrates for the purpose of hearing matters referred pursuant to section 45a-123. Any former probate judge under seventy years…

Sec. 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 mad…

Sec. 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 who…

Sec. 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 newspape…

Sec. 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 prob…

Sec. 45a-128. (Formerly Sec. 45-20). Reconsideration, modification or revocation of order or decree. (a) Except as provided in subsection (e) of this section, any order or decree made by a court of probate ex parte may, in the discretion of the court, be reconsidered and modified…

Sec. 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…

Sec. 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…

Sec. 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 Departmen…

Sec. 45a-132. (Formerly Sec. 45-54). Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons. (a)(1) Except as provided in subdivisions (2) and (3) of this subsection, in any proceeding before a court of probate or the Superior Court including…

Sec. 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…

Sec. 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 adj…

Sec. 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 …

Sec. 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 c…

Sec. 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 ju…

Sec. 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 docu…

Secs. 45a-137 and 45a-138. Reserved for future use. PART III PROBATE BONDS

Sec. 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 trus…

Sec. 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 fo…

Sec. 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 n…

Sec. 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.…

Sec. 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 exhib…

Sec. 45a-144. (Formerly Sec. 45-40). Action on probate bond by aggrieved person. (a) Any person claiming to be aggrieved by the breach of a probate bond, as representative of the estate in connection with which the bond was given, or in his own right or in the right of himself an…

Sec. 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…

Secs. 45a-146 to 45a-150. Reserved for future use. PART IV* COMPROMISE, SETTLEMENT AND ARBITRATIONOF CLAIMS *Annotation to former chapter 791: Cited. 153 C. 57.

Sec. 45a-151. (Formerly Sec. 45-231). Compromise and settlement of claims. Conveyance of real property. (a) Upon application by executors, guardians, conservators, administrators and trustees appointed, or whose appointment has been approved, by the Court of Probate, the court ma…

Sec. 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 …

Sec. 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 …