You asked what the appeal process is from a probate court decision.

SUMMARY

Any person aggrieved by any probate court order may appeal to the Superior Court (CGS § 45-288). With certain exceptions, an appeal must be filed within 30 days of the probate court's decision. The person who appeals must provide security for costs in the amount of $ 150, which may be paid to the clerk, or he must present a bond acceptable to the court. Any appeal must be filed in the superior court for the judicial district in which the probate court is located (CGS § 45a-186(b)).

Appeals to the Superior Court result in a “trial de novo” (new trial) unless a record was made before the probate court. A new trial involves the presentation of witnesses and other evidence on questions of fact as well as law. It is not based on the evidence or testimony presented to the probate court and the Superior Court's decision is not affected by what the probate court decided.

Appeals from any decision rendered in any case after a record is made must be on the record and do not result in a new trial. The Superior Court must rely on the evidence presented in the probate court hearing and it gives deference to the probate court's factual determinations.

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According to the Judicial Department web site an appeal must include:

1. an attested copy of the motion for appeal as filed with and granted by the probate judge;

2. an attested copy of the decree from the probate court allowing the appeal, containing an order of notice to interested persons to be served; and

3. proof of security for costs in the amount of $ 150, payable to the clerk of the probate court signed by the probate judge, a recognizance with surety annexed to the appeal, or a bond that complies with the requirements for appeals to the Supreme Court.

The “Statement of Reasons for Appeal” must be filed with the Superior Court within 10 days of the return date specified in the probate court decree allowing the appeal.

CASES IN WHICH RECORD MADE BEFORE PROBATE COURT

When the parties or their attorneys agree in writing, the probate court judge may call in a competent and disinterested person to act as the official stenographer for the entire proceeding or in such portion as the parties agree upon (CGS § 51-72).

Evidence taken by any such stenographer has the same effect and is evidence to the same extent as evidence taken by the official court reporter of the Superior Court. Appeals from any decision rendered in any case after a record is made must be on such record and do not result in a trial de novo (new trial) (CGS § 51-73).

TIME FOR TAKING AN APPEAL

With a few exceptions, an appeal must be filed within 30 days after the probate court's decision. Individuals who were not given notice of the probate court hearing and were not present at it, or were not given notice of their right to request a hearing, have 12 months to file an appeal. But 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, must file their appeal within 90 days. Finally, an appeal from an order of termination of parental rights based on consent must be filed within 20 days (CGS § 45a-187)).

GC: tjo/dw