CHAPTER 801b
PROBATE COURT PROCEDURES

PART I
UNIFORM COSTS

      Sec. 45a-105. Uniform costs in probate courts. The costs charged by courts of probate shall be uniform for all of the probate districts established by law. Costs shall be assessed in accordance with sections 45a-106 to 45a-112, inclusive.

      (P.A. 90-146, S. 1.)

      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 recording 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 recording 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.

      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:

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

      Sec. 45a-107a. Development of method of determination of gross estate for purposes of computation of cost for settlement of estates. (a) The Probate Court Administrator, in consultation with the Commissioner of Revenue Services, shall develop a method for the determination of a gross estate for purposes of the computation of cost for settlement of estates, pursuant to section 45a-107, for estates of decedents whose death occurs on or after January 1, 2005, and shall prepare a form to be used by the court for such purpose.

      (b) The administrator shall report to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and the judiciary, on or before January 1, 2004. Said report shall include, but is not limited to, the form which has been developed and a recommendation regarding any legislative changes necessary to implement the suggested method for determination of gross estate.

      (P.A. 95-256, S. 2.)

      Sec. 45a-108. Costs for accounting other than with respect to a decedent's estate. (a)(1) Except with respect to a decedent's estate, the basic costs for all proceedings in connection with allowance and settlement of a periodic or other account, after notice and hearing, regardless of the date of origin of the estate in which such account is filed, shall be in accordance with the following schedule:

      Sec. 45a-109. Miscellaneous costs: Recordings, notices, service of process, copies, certified copies. In addition to the basic charges and costs specified in sections 45a-106 to 45a-108, inclusive, the following expenses shall be payable to the courts of probate: (1) For recording each page or fraction thereof after the first five pages of any one document, three dollars; (2) for each notice in excess of two with respect to any hearing or continued hearing, two dollars; (3) for any expenses incurred by the court of probate for newspaper publication of notices, certified or registered mailing of notices, or for service of process or notice, the actual amount of the expenses so incurred; (4) for providing copies of any document from a file in the court of any matter within the jurisdiction of the court, five dollars for a copy of any such document up to five pages in length and one dollar per copy for each additional page or fractional part thereof as the case may be, provided there shall be furnished without charge to the fiduciary or if none, to the petitioner with respect to any probate matter one uncertified copy of each decree, certificate or other court order setting forth the action of the court on any proceeding in such matter; (5) for certifying copies of any document from a file in the court of any matter before the court, five dollars per each copy certified for the first two pages of a document, and two dollars for each copy certified for each page after the second page of such document, provided no charge shall be made for any copy certified or otherwise that the court is required by statute to make; and (6) for retrieval of a file not located on the premises of the court, the actual cost or ten dollars, whichever is greater.

      (P.A. 90-146, S. 5; P.A. 93-279, S. 11, 20.)

      History: P.A. 93-279 increased cost for (1) recording each page after five pages from two dollars and fifty cents to three dollars, (2) each notice in excess of two from one to two dollars, (3) copying of document on file in court up to five pages in length to five dollars, (4) certifying copies of documents from one to five dollars for first two pages and (5) retrieval of file not located on premises of court, the actual cost or ten dollars, whichever is greater, effective July 1, 1993.

      Sec. 45a-110. Payment of costs for settlement of decedent's estate and fiduciary accounting. (a) The costs, fees and expenses provided for in connection with proceedings under section 45a-107 with respect to a decedent's estate shall be paid for by the executor or administrator, or if there is no such fiduciary, by the transferee filing the succession tax return under section 12-359.

      (b) The costs, fees and expenses provided for in connection with proceedings under section 45a-108 with respect to an accounting shall be paid by the trustee, guardian, conservator or other fiduciary.

      (c) In the case of any proceeding under sections 45a-106 to 45a-112, inclusive, commenced on motion of the court such costs, fees and expenses shall be paid by the party against whom such costs are assessed by the court.

      (d) In all other cases, the petitioner shall pay the costs, fees and expenses provided for by sections 45a-106 to 45a-112, inclusive, unless otherwise provided by law.

      (P.A. 90-146, S. 6.)

      Sec. 45a-111. Exemptions, waivers and reduction of costs. (a) No cost 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 shall be charged under sections 45a-106 to 45a-112, inclusive, or under section 45a-727 for adoption proceedings involving special needs children.

      (c) If a petitioner or applicant to a court of probate claims that unless his or her obligation to pay the fees and the necessary costs of the action, including the cost of service of process, is waived, such petitioner or applicant will be deprived by reason of his or her indigency of his or her right to bring a petition or application to such court or that he or she is otherwise unable to pay the fees and necessary costs of the action, he or she may file with the clerk of such court of probate an application for waiver of payment of such fees and necessary costs. Such application shall be signed under penalty of false statement, shall state the applicant's financial circumstances, and shall identify the fees and costs sought to be waived and the approximate amount of each. If the court finds that the applicant is unable to pay such fees and costs it shall order such fees and costs waived. If such costs include the cost of service of process, the court, in its order, shall indicate the method of service authorized and the cost of such service shall be paid from funds appropriated to the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such costs, such costs shall be paid from the Probate Court Administration Fund. Any fee waived under this section shall be reimbursed to the court of probate from the funds appropriated to the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund pursuant to rules and regulations established by the Probate Court Administrator.

      (d) The court may, in its discretion, postpone payment of any entry fee or other charge due under sections 45a-106 to 45a-112, inclusive, and enter any matter if it appears to the court that to require such entry fee to accompany submission of the matter would cause undue delay or hardship, but in such case the applicant, petitioner or moving party shall be liable for the entry fee and all other charges upon receipt of an invoice therefor from the court of probate.

      (e) Any fee charged under the provisions of sections 45a-106 to 45a-112, inclusive, shall not be subject to the tax imposed under chapter 219.

      (P.A. 90-146, S. 7; P.A. 92-46, S. 2; P.A. 96-170, S. 14, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 14.)

      History: P.A. 92-46 amended Subsec. (c) by adding provision that any fee waived under section shall be reimbursed to probate court by probate court administration fund; P.A. 96-170 amended Subsec. (c) by changing funding of costs of service of process 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. 99-84 amended Subsec. (c) by deleting "under oath" and inserting "signed under penalty of false statement".

      Subsec. (b):

      See Secs. 17a-116 to 17a-119, inclusive, re subsidies for adoption of "special needs" children.

      Sec. 45a-112. Entry fee and other costs when state is a moving party. When the state or any of its agencies is an applicant, petitioner or moving party commencing a matter in a court of probate, or is otherwise liable for the charges under sections 45a-106 to 45a-112, inclusive, the court shall accept such matter without the entry fee accompanying the filing thereof, and shall bill the entry fee or other charge 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.)

      Secs. 45a-113 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 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.

      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 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.

      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 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.

      Sec. 45a-122. (Formerly Sec. 45-4j). Three-judge court for probate matters. Appointment. Powers and duties. On motion of any party to any matter heard on the record under section 51-72, or the judge of probate having jurisdiction over any matter heard on the record under section 51-72, the Probate Court Administrator shall appoint a three-judge court from among the several judges of probate to hear such matter. Such three-judge court shall consist of at least one person who is an attorney-at-law admitted to practice in this state. The judge of the court of probate having jurisdiction over such matter under the provisions of this section shall be a member, provided if such judge disqualifies himself, all three members of such court shall be appointed by the Probate Court Administrator. Such three-judge court shall have all the powers and duties of a judge of probate and shall be subject to all of the provisions of law as if it were a single-judge court. The judges of such court shall designate a chief judge from among their members. All records for any case before the three-judge court shall be maintained in the court of probate having jurisdiction over the matter.

      (P.A. 81-349, S. 3, 5; P.A. 84-294, S. 1.)

      History: P.A. 84-294 added phrase "to any matter heard on the record under section 51-72" after "party"; Sec. 45-4j transferred to Sec. 45a-122 in 1991.

      Sec. 45a-123. (Formerly Sec. 45-22). Committee appointment and fees. (a) In any matter pending in any court of probate, the court may appoint a committee of a disinterested person or a former judge of probate to hear the matter. The former judge shall be selected from a panel of judges provided by the Probate Court Administrator. The court shall give notice of the time and place of the hearing. Such committee shall hear the matter and report its findings not later than thirty days after the date of such hearing to the court. If the court accepts the findings, it shall issue a decree. If the court rejects the findings, it may hear and determine the matter or appoint a different committee to hear the matter and report its findings.

      (b) The committee shall be sworn to faithfully perform the duties of its appointment and shall have all the powers conferred by law upon courts of probate for procuring the attendance of witnesses and for punishing for contempt.

      (c) The committee's fees shall not exceed two hundred fifty dollars per diem and shall be fixed by the court and paid by the executor, administrator, trustee, conservator, guardian or other party to the action, or by the court pursuant to regulations established by the Probate Court Administrator. If a party is unable to pay such fees and files an affidavit with the court demonstrating an inability to pay, the reasonable compensation of the committee shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

      (1949 Rev., S. 6830; P.A. 80-476, S. 61; P.A. 96-173.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive change; Sec. 45-22 transferred to Sec. 45a-123 in 1991; P.A. 96-173 amended Subsec. (a) by deleting former provisions re appointment of committee and adding provision re appointment of disinterested person or former judge of probate, hearing of matter, report and findings, and amended Subsec. (c) by increasing fee from five to two hundred fifty dollars per diem and adding provision re payment by Probate Court Administration Fund if party unable to pay fee.

      Annotation to former section 45-22:

      Report of committee will not be rejected when unbalanced where lack of balance resulted from item which parties had agreed to and defendant made payments, chargeable to decedent, that exceeded discrepancy. 150 C. 637.

      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 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.

      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 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 one month. 96 C. 323. See note to Sec. 45-167.

      Cited. 8 CS 262. Notice by publication is legal notice. 19 CS 104. Cited. 22 CS 234.

      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 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.

      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 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.

      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 or revoked by the court. Reconsideration may be made on the court's own motion or, for cause shown satisfactory to the court, on the written application of any interested person. Such motion or application shall be made or filed before any appeal has been allowed or after withdrawal of all appeals which have been allowed. For the purposes of this section, an ex parte order or decree is an order or decree entered in a proceeding of which no notice is required to be given to any party and no notice is given.

      (b) Except as provided in subsections (a) and (e) of this section, any order or decree other than a decree authorizing the sale of real estate made by a court of probate may, in the discretion of the court, be reconsidered and modified or revoked by the court, on the court's own motion or on the written application of any interested person. Such application shall be made or filed within one hundred twenty days after the date of such order or decree and before any appeal is allowed or after withdrawal of all appeals. The court may reconsider and modify or revoke any such order or decree for any of the following reasons: (1) For any reason, if all parties in interest consent to reconsideration, modification or revocation, or (2) for failure to provide legal notice to a party entitled to notice under law, or (3) to correct a scrivener's or clerical error, or (4) upon discovery or identification of parties in interest unknown to the court at the time of the order or decree.

      (c) Upon any modification or revocation there shall be the same right of and time for appeal as in the case of any other order or decree.

      (d) A hearing may be held in the discretion of the court on any motion or application for reconsideration, modification or revocation, and notice of the time and place of such hearing shall be given, in such manner as the court shall order, to all persons to whom notice of the order or decree to be reconsidered or notice of the hearings concerning such order or decree, was given, and to all persons by whom any such notice was waived, and to such other persons as the court may determine.

      (e) Except as provided in section 45a-295, a decree or order made in reference to any estate may not be modified or revoked by a court of probate as to assets lawfully transferred or distributed prior to the date of issuance of notice of hearing on a motion or application for reconsideration of such decree or order, or, if the court determines not to hold any such hearing, prior to the date of the court's order of revocation or modification.

      (1949 Rev., S. 6828; P.A. 80-476, S. 60; P.A. 83-93.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive change; P.A. 83-93 revised provisions of section, deleting former provisions of Subsec. (a) and adding provisions re reconsideration, modification or revocation of any order or decree made by a court of probate; Sec. 45-20 transferred to Sec. 45a-128 in 1991.

      Annotations to former section 45-20:

      Power to annul or modify orders made without notice or hearing may be necessarily implied. 31 C. 382. Verbal orders of distribution perfected by formal order unappealed from conclusive. 38 C. 271. Whether order appointing administrator can be revoked without notice, quaere. 39 C. 258. Court cannot admit new will after it has admitted one and estate is fully settled. 76 C. 418. Grants discretionary power to administrator discussed. 81 C. 681. Decree entered after notice given in compliance with the statutes and upon hearing is not ex parte, even as regards a party who had no actual notice. Id., 688; 129 C. 312. See note to Sec. 45-4. Power does not extend to final decree rendered after notice and hearing. 90 C. 530. Court of probate has no power to revoke order of distribution made after notice to parties, after appeal therefrom has been taken. 92 C. 25. Nor to set aside decrees ordering and accepting distribution although obtained by fraudulent concealment of husband's statutory interest. 107 C. 284. Cited. 150 C. 109; 152 C. 205; Id., 530.

      Cited. 9 CS 10; 23 CS 102.

      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 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. Cited. 193 C. 180.

      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 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 for 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.

      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 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.)

      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.

      State must merely be an interested party; no delineation of such interest is required. 47 CS 42.

      Sec. 45a-132. (Formerly Sec. 45-54). Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons. (a) In any proceeding before a court of probate or the Superior Court including the Family Support Magistrate Division, whether acting upon an appeal from probate or otherwise, the judge or magistrate may appoint a guardian ad litem for any minor or incompetent, undetermined or unborn person, or may appoint one guardian ad litem for two or more of such minors or incompetent, undetermined or unborn persons, if it appears to the judge or magistrate that one or more persons as individuals, or as members of a designated class or otherwise, have or may have an interest in the proceedings, and that one or more of them are minors, incompetent persons or persons undetermined or unborn at the time of the proceeding.

      (b) The appointment shall not be mandatory, but shall be within the discretion of the judge or magistrate.

      (c) Any order or decree passed or action taken in any such proceeding shall affect all the minors, incompetent persons or persons thereafter born or determined for whom the guardian ad litem has been appointed, in the same manner as if they had been of the age of majority and competent and present in court after legal notice at the time of the action or the issuance of the order or decree.

      (d) Any appointment of a guardian ad litem may be made with or without notice and, if it appears to the judge or magistrate that it is for the best interests of a minor having a parent or guardian to have as guardian ad litem some person other than the parent or guardian, the judge or magistrate may appoint a disinterested person to be the guardian ad litem.

      (e) When the appointment is made in connection with the settlement of a decedent's estate or the settlement of the account of a trustee or other fiduciary, the person so appointed shall be authorized to represent the minor or incompetent, undetermined or unborn person in all proceedings for the settlement of the estate or account and subsequent accounts of the trustee or other fiduciary, or until his appointment is terminated by death, resignation or removal.

      (f) The guardian ad litem may be removed by the judge or magistrate which appointed him, without notice, whenever it appears to the judge or magistrate to be in the best interests of the ward or wards of the guardian.

      (g) Any guardian ad litem appointed under the provisions of this section may be allowed reasonable compensation by the judge or magistrate appointing him and shall be paid as a part of the expenses of administration.

      (1949 Rev., S. 6861; 1951, S. 2902d; 1957, P.A. 210; P.A. 75-384, S. 7, 9; P.A. 76-436, S. 640, 681; P.A. 80-476, S. 65; P.A. 87-316, S. 6.)

      History: P.A. 75-384 applied provisions to proceedings before the juvenile court; P.A. 76-436 omitted reference to proceedings before court of common pleas or juvenile court, those courts having been abolished, effective July 1, 1978; P.A. 80-476 rephrased provisions and divided section into Subsecs; P.A. 87-316 applied provisions to the family support magistrate division and substituted "judge or magistrate" for "court" where appearing; Sec. 45-54 transferred to Sec. 45a-132 in 1991.

      See Sec. 45a-754 re maintenance of records concerning guardianship in locked files.

      Annotations to former section 45-54:

      Only appointed in behalf of infant respondents. 30 C. 285. Recognition of attorney representing infants as guardian ad litem held, under facts, equivalent to appointment. 93 C. 595. Cited. 128 C. 390. Probate court has power to appoint and fix compensation of a guardian ad litem in a proceeding for removal of guardian of the person. 140 C. 96. Cited. 147 C. 482; 156 C. 627. Children cannot choose their own guardian under statute, court may appoint. 158 C. 217. Cited. 180 C. 533.

      Cited. 9 CA 413.

      Cited. 3 CS 377; 17 CS 343. Considerations involved in setting compensation of guardian ad litem. 21 CS 181. Right of guardian ad litem to appoint counsel discussed. Id. The marriage of a minor resulting in his emancipation does not permit him to sue in his own name in a divorce proceeding, for such an exception should be made only through legislative action. Id., 376.

      Subsec. (e):

      Cited. 204 C. 760.

      Annotations to present section:

      Cited. 25 CA 741. Cited. 35 CA 449. Cited. 44 CA 225. Under Sec. 46b-136 and this section, court has broad discretion to appoint counsel and guardians ad litem for minor parties. 76 CA 693.

      Cited. 42 CS 474.

      Subsec. (a):

      Cited. 241 C. 767.

      Subsec. (b):

      Cited. 241 C. 767.

      Subsec. (f):

      Cited. 241 C. 767.

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

      Sec. 45a-132a. Examination of incapable party. Expense. In any matter before a court of probate in which the capacity of a party to the action is at issue, the court may order an examination of any allegedly incapable party by a physician or psychiatrist or, where appropriate, a psychologist, licensed to practice in the state. The expense of such examination may be charged against the petitioner, the respondent, the party who requested such examination or the estate of the alleged incapable 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, however, 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.)

      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.

      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 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.

      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 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.)

      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 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)"

      Secs. 45a-136 to 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 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 twenty thousand dollars or if amount not restricted by court order is less than ten thousand dollars.

      Subsec. (b):

      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.

      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 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.

      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 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.

      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. 80-476, S. 70.)

      History: P.A. 80-476 made minor changes in wording; Sec. 45-39 transferred to Sec. 45a-142 in 1991.

      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 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-199 for definition of "fiduciary".

      See Sec. 45a-242 re removal and replacement of fiduciaries.

      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 and all others having an interest in the estate, may bring an action in the Superior Court or may apply to the court of probate in which the bond was given to recover for the breach in his own name.

      (b) If an application is made or an action is brought by one not acting as a representative of the estate and the judge concludes that the action ought to be prosecuted, or the proceeding ought to be maintained, on behalf of all persons interested in the estate in connection with which the bond was given, the judge may order that the action shall be brought, or the proceeding shall be maintained, on behalf of all such persons; but, in that event, such persons need not be named in the writ, complaint or application.

      (c) The judge shall require that the applicant or the person bringing the action give a bond, with sufficient surety, in an amount acceptable to the judge, in the nature of a probate bond. The bond shall be conditioned upon the applicant's or plaintiff's well and truly accounting for any moneys recovered in the action or proceeding and for his doings in connection with the action or proceeding and with the securing of payment of any moneys adjudged to be due. The bond shall be filed, with the endorsement of its acceptance, in the court of probate in which the estate is in settlement. If the application is made or the action is brought by a representative of the estate and the judge deems the bond already given by him sufficient to cover any amount which may be recovered in the action or proceeding, no additional bond need be required.

      (d) The plaintiff in any action brought by him, or the applicant in any proceeding commenced by him, as representative of the estate or on his behalf and that of all persons interested in it shall account for any moneys recovered to the court of probate in which the estate is in settlement. The court may allow to the applicant or plaintiff a reasonable sum for his disbursements and services in the action or proceeding and in any subsequent proceedings to enforce payment of any sum recovered, to be paid from the amount recovered or by the estate.

      (1949 Rev., S. 6847; P.A. 80-476, S. 71; P.A. 98-52, S. 8.)

      History: P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-40 transferred to Sec. 45a-144 in 1991; P.A. 98-52 amended section to provide person aggrieved by breach of bond may apply to probate court in which bond given and deleted specified conditions necessary for bringing action.

      See Secs. 52-117, 52-190 re actions on probate bonds.

      Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under section against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under Secs. 45a-655(a) and 45a-656 (a), as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff. 257 C. 531.

      Subsec. (a):

      Provides cause of action for three separate categories of plaintiff, including any person aggrieved "in his own right" and, accordingly, complaint of state licensed nursing home against defendant conservator for payment for services rendered stated legally sufficient cause of action. 257 C. 531.

      Trial court improperly construed plaintiff's complaint under section as a negligence cause of action. 58 CA 1.

      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 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.

      Secs. 45a-146 to 45a-150. Reserved for future use.

PART IV*
COMPROMISE, SETTLEMENT AND ARBITRATION
OF CLAIMS

      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 may, after such notice as the court shall direct and hearing, authorize such fiduciaries to compromise and settle any doubtful or disputed claims or actions, or any appeal from probate in favor of or against the estates or persons represented by them.

      (b) In order to accomplish such compromise or settlement, the court may, after deduction of attorney's fees and costs, authorize such settlement as proposed by the fiduciary in a lump sum or in periodic payments to the estate, to an existing trust or to a newly created trust for the benefit of those represented by the fiduciary. Such trusts may include those created in compliance with Section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as from time to time amended. In the case of a gift or transfer in trust, any transfer to a court-approved trust created by a fiduciary shall be subject to continuing Probate Court jurisdiction as if it were a testamentary trust. In deciding whether the net settlement as proposed by the fiduciary is beneficial, the court shall consider the best interests of those represented by the fiduciary, and in the case of a decedent's estate, the intention of the decedent. The court may also authorize the conveyance, with or without requiring a bond, of the whole or any part of, or any easement or other interest in, any real property situated in this state forming part of the trust estate or owned by any such trustee, executor or administrator or owned by any deceased person, ward or incapable person for whom such an executor, guardian, conservator or administrator was appointed.

      (1949 Rev., S. 7016; P.A. 80-476, S. 73; P.A. 98-52, S. 6; 98-219, S. 20; 98-232, S. 1.)

      History: P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted "real property" for "real estate"; Sec. 45-231 transferred to Sec. 45a-151 in 1991; P.A. 98-52 amended Subsec. (a) by deleting "public" before "notice"; P.A. 98-219 amended Subsec. (a) by deleting "trustees in insolvency" and "public" before "notice"; P.A. 98-232 amended Subsec. (b) by adding provision that court may, after deduction of attorneys' fees and costs, authorize settlement in lump sum or periodic payments to an existing or newly created trust, and any gift or transfer to court-approved trust shall be subject to continuing probate court jurisdiction.

      Annotations to former section 45-231:

      Controversy arising out of distribution of property under invalid will may be settled under this statute by conservator of a distributee. 71 C. 590. Claim for land may be settled by cash payment. 85 C. 50. Conclusiveness of finding that claim is doubtful; inclusion in order of claim not presented properly. 86 C. 470. Whether probate court may authorize compromise of right of a minor under a will, quaere. 110 C. 161. Extension by executor of time for payment of mortgage held by estate is not within scope of this statute. 116 C. 65. Purpose of this statute is to protect fiduciary in payment of doubtful claims. Id., 66; 127 C. 482; 133 C. 480. Agreement by conservator re distribution of surplus income from testamentary trust, properly submitted to probate court. 127 C. 222. Provision of will that probate court is to determine if beneficiary is entitled to receive income under trust, sustained. 131 C. 480. Cited. 134 C. 340. Section broad enough to include compromise settlement to avoid threatened appeal from the admission of will to probate. (Former statute.) 145 C. 634. Right of attorney to collect fee for effecting compromise under this section. 147 C. 225. Cited. Id., 406. Empowers probate court to settle disputed claims provided trustee recognized claim. 160 C. 415.

      Cited. 13 CA 45.

      Position of executor under this section. 7 CS 205.

      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 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.

      See Sec. 45a-199 for definition of "fiduciary".

      Sec. 45a-153. (Formerly Sec. 45-232). Submission of claims to arbitration. (a) An executor, administrator, conservator, guardian, trustee in insolvency or trustee appointed, or whose appointment has been approved, by a court of probate, may apply in writing to the court of probate having jurisdiction of his trust for an order authorizing him 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 subsections (a) and (b) of this section, if: (1) He has any claim in his capacity as such fiduciary, or on behalf of the interest which he represents, against any person or to any property; or (2) any person has any claim against or to any property which is in his control in his 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.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-232 transferred to Sec. 45a-153 in 1991.

      Annotation to former section 45-232:

      Cited. 7 CS 225.

      Sec. 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.

      Sec. 45a-155. (Formerly Sec. 45-234). Remonstrance against award. Refusal of court to accept award. Any party interested may remonstrate against the acceptance of the arbitration award on any ground which would be sufficient to set aside such an award in a court of equity. If the allegations in the remonstrance are found to be true and sufficient, the court of equity shall refuse to accept the award, and the matter in controversy may again be submitted to arbitration, and the proceedings shall be the same as provided in sections 45a-153 and 45a-154 and this section.

      (1949 Rev., S. 7019; P.A. 80-476, S. 76.)

      History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-234 transferred to Sec. 45a-155 in 1991.

      Sec. 45a-156. (Formerly Sec. 45-235). Costs of arbitration. (a) The fees for the services of the judge of probate shall be paid by the applicant.

      (b) The fees and charges of the arbitrator or arbitrators shall be taxed by the judge and apportioned by him between the parties as he judges proper and shall be paid by them according to the apportionment.

      (c) Other costs shall not be allowed.

      (1949 Rev., S. 7020; P.A. 80-476, S. 77.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-235 transferred to Sec. 45a-156 in 1991.

      Secs. 45a-157 to 45a-161. Reserved for future use.

PART V*
SALE OR MORTGAGE OF ESTATE PROPERTY

      Sec. 45a-162. (Formerly Sec. 45-236). Sale of choses in action and other property. Before the final settlement of any estate, the Court of Probate may order the sale of the credits and choses in action belonging to such estate, and may at any time order the sale of personal property, and in the case of an insolvent debtor's estate of all or any property, as it finds for the interest of the estate, in a manner and after notice which it judges reasonable. The court, in making orders for the sale of the property described in this section, may order it to be sold at public or private sale at the discretion of the person authorized to make the sale. After a hearing the court may authorize that the property be sold to the fiduciary either directly or under the provisions of section 45a-163, except that if a public sale is ordered, the fiduciary may be the purchaser only if the sale is made under section 45a-163. In the case of any proposed sale to a fiduciary, any notice sent to interested parties and any public notice shall indicate that the fiduciary is the proposed purchaser.

      (1949 Rev., S. 7021; P.A. 80-476, S. 78; P.A. 83-87, S. 1.)

      History: P.A. 80-476 restated provisions and substituted "property" for "estate" in some instances; P.A. 83-87 added provisions re purchase of property by fiduciary; Sec. 45-236 transferred to Sec. 45a-162 in 1991.

      Annotations to former section 45-236:

      Order of sale extends to all property known to court, even if not inventoried. 2 D. 316. Avails of sale of real estate in hands of removed executor should be paid to successor. 17 C. 420. Sale must be for cash. 21 C. 285. If husband elects to accept provisions in will, he cannot thereafter, as executor, obtain order to sell estate to make up his statutory share. 64 C. 352. Order of sale will not justify exchange. 77 C. 374. Order of sale to pay debts will not justify sale after final accounting. Id.; 81 C. 94. Court should not order a sale where it will compel one legatee to buy or sell an interest at a loss. Id., 95. Private sale should have public notice. 134 C. 334. Sale of estate personal property, though approved by probate court, may be reviewed de novo by appellate court; former doctrine of discretion of probate court reversed. 158 C. 286.

      Sec. 45a-163. (Formerly Sec. 45-237). Sale of personal property by other than fiduciary. (a) Upon the written application of any fiduciary described in section 45a-164, after such notice which the court may order and after hearing, the Court of Probate may authorize a person other than the fiduciary to sell the whole or any part of or any interest in any personal property of any incapable person, minor, missing person, deceased person or trustee, or any property to which the fiduciary may hold legal title in such capacity, if: (1) Such person has first given a probate bond that he will faithfully administer and account for the proceeds of the sale according to law; and (2) the court finds that to grant the application would be in the best interests of the parties in interest. If any party having an interest in such personal property is not in being or is not ascertained or is under a disability, the court shall appoint a guardian ad litem to represent the interest of such party at the hearing, unless such party already is represented by a guardian or by a conservator. Such order, and the sale thereunder, shall be conclusive upon all persons then or thereafter existing whose interests have been so represented.

      (b) The person selling the personal property shall pay to the fiduciary the sum for which such personal property was sold.

      (c) The Court of Probate shall direct whether the sale shall be public or private, and, if public, the notice thereof which shall be given, and, if private, may authorize the sale at a price and upon terms, including such mortgage or mortgages, as it considers reasonable or advisable.

      (1949, S. 2937d; P.A. 80-476, S. 79; P.A. 83-87, S. 2; P.A. 98-219, S. 21.)

      History: P.A. 80-476 divided section into Subsecs., restated provisions and substituted "personal property" for "personal estate"; P.A. 83-87 amended Subsec. (c) by deleting provision re purchase of personal property by fiduciary; Sec. 45-237 transferred to Sec. 45a-163 in 1991; P.A. 98-219 amended Subsec. (a) by deleting "public notice and other" and inserted "such" before "notice".

      Sec. 45a-164. (Formerly Sec. 45-238). Sale or mortgage of real property. (a) Upon the written application of the conservator of the estate of any person, guardian of the estate of any minor, temporary administrator, administrator or trustee appointed by the court, including a trustee of a missing person, or the executor or trustee under any will admitted to probate by the court, after such notice as the court may order and after hearing, the court may authorize the sale or mortgage of the whole or any part of, or any easement or other interest in, any real property in this state of such person, minor, missing person, deceased person or trustee, or of any real property the legal title to which has been acquired by such temporary administrator, administrator, executor or trustee, if the court finds it would be for the best interests of the parties in interest to grant the application.

      (b) The court may empower the conservator, guardian, temporary administrator, administrator, executor or trustee to execute a conveyance of such property or to execute a note and a mortgage to secure such property upon giving a probate bond faithfully to administer and account for the proceeds of the sale or mortgage according to law, unless the court finds that there is in force, for such fiduciary, a probate bond in an amount and with security determined in accordance with section 45a-139 or unless the bond is dispensed with in accordance with section 45a-169. The application shall set forth a description of the property to be sold or mortgaged.

      (c) After a hearing, the court may authorize that the property be sold to the fiduciary either directly or under the provisions of section 45a-167, except that if a public sale is ordered, the fiduciary may be the purchaser only if the sale is made under section 45a-167. In the case of any proposed sale to a fiduciary, any notice shall indicate that the fiduciary is the proposed purchaser.

      (d) If any person having an interest in such real property is not in being or is not ascertained or is under a disability, the court shall appoint a guardian ad litem to represent the interests of such person at the hearing. A guardian ad litem shall not be necessary if such person is represented by a guardian or by a conservator, unless the sale of the property is to such guardian or conservator or such guardian or conservator has a potential conflict as an applicant or otherwise.

      (e) The order and the sale or mortgage under the order shall be conclusive upon all persons then or thereafter existing whose interests have been so represented.

      (1949 Rev., S. 7022; P.A. 80-227, S. 18, 24; 80-476, S. 80; P.A. 83-87, S. 3; P.A. 91-49, S. 1; P.A. 96-91, S. 1; P.A. 98-219, S. 22.)

      History: P.A. 80-227 deleted references to overseers appointed under Sec. 54-37 in provision re powers to make application and to execute conveyances and clarified requirement for probate bond by allowing for possibility that such a bond is already in force or has been waived, effective July 1, 1981; P.A. 80-476 divided section into Subsecs., restated provisions and generally substituted "property" for "estate"; P.A. 83-87 inserted new Subsec. (c) re sale of real property to fiduciary, relettering former Subsecs. (c) and (d) accordingly; Sec. 45-238 transferred to Sec. 45a-164 in 1991; P.A. 91-49 amended Subsec. (a) by deleting references to incapable person and amended Subsec. (d) to provide that a guardian ad litem shall not be necessary if person is represented by guardian or conservator, unless sale of property is to guardian or conservator or guardian or conservator has potential conflict of interest; P.A. 96-91 amended Subsecs. (a) and (b) by adding temporary administrators to list of persons who may be authorized to sell or mortgage real property; P.A. 98-219 amended Subsec. (a) by deleting "public notice and other notice which" and inserted "such notice as" and amended Subsec. (c) by deleting "sent to interested parties and any public notice".

      Annotations to former section 45-238:

      Sale of real estate under former statutes: Sale of insolvent estate cannot be attacked by showing that claims allowed by commissioners were unjust. 2 R. 270. Court cannot appoint person other than administrator to sell real estate; 4 D. 140; but see Sec. 45-244. Power to sell land does not carry with it power to create easement in other land. 5 D. 92. Return not necessary to validity of sale. Id., 213. Decree invalidating order of sale, when not a bar to procuring subsequent order. 1 C. 53. Order of sale valid on its face cannot be collaterally attacked. Id., 469. Court cannot order sale of real estate to pay legacy; 4 C. 166; 9 C. 14; but see Sec. 45-271c. Order of sale only authorizes such instrument as is legally proper for conveyance of estate. 4 C. 512; 6 C. 269. Order to sell must be strictly followed. 6 C. 387. Not necessary to state in deed reasons why sale was ordered. 10 C. 87. Consideration may be less than sum named in the order. 22 C. 276. A new order not necessary where an invalid sale is made under a valid order. 27 C. 239. Order requiring notice to be published in county, but actually published in district, sufficient. 49 C. 428. Whether real estate should be sold is in sound discretion of court. 60 C. 67. Cited. 63 C. 352. Order of sale without notice of hearing invalid. 67 C. 8. Statute to be strictly followed. 68 C. 412. Effect of sale on rights of heirs; 84 C. 212; of devisees; 90 C. 143. Sale subject to dower. 72 C. 256. Failure to distribute surplus breach of bond herein required, not of administration bond. 77 C. 75; 82 C. 308. Administrator can defend against his agreement to sell land, on ground that court refused to order sale, though such refusal based on facts he laid before court. 80 C. 227. In case of fraud by administrator in sale, remedy on bond is cumulative. 81 C. 127. Power of court to order sale for purpose of distribution. 84 C. 212; 87 C. 85. Limitation of time within which order for sale may be effectual against heir in possession. 7 Wheat. 59; 90 C. 562. Sale of real estate before termination of life estate does not change nature of proceeds; they remain real estate under this statute. 98 C. 333. Proceeds of sale of real estate cannot be charged with expenses, debts or legacies which would not have been chargeable against the real estate if not sold. 105 C. 238. Public notice of private sale not required since 1921 act. Id., 687. Cited. 109 C. 315; 121 C. 112.

      Sale or mortgage by conservator: Conservator can sell real estate only under authority of court. 5 C. 286. Must sell for cash. 21 C. 290, 292. General statement of authority in deed held sufficient. 25 C. 1. Recitation in deed of authority to sell sufficient. 27 C. 529. Acceptance of return of sale held not conclusive. 33 C. 347. Cited. 67 C. 195. Who may recover for fraud by conservator in such sale. 81 C. 131. Conservator has no power to borrow money on credit of ward's estate, except by order of court. 85 C. 279.

      Sale or mortgage of trust estates: General reference in deed to authority sufficient. 27 C. 528. Proceeds of sale are covered by trustee's bond. 77 C. 75. Where several are appointed trustees and only one qualifies, though will gives power to sell, order of court should be secured. 80 C. 673. Orders for sale where, in certain contingency, will gives trustee power, merely determine existence of contingency. 81 C. 171. Trustee cannot sell property to facilitate distribution, without order of court. 89 C. 283. Court may order sale under this statute although period provided by will in which trustee could sell has elapsed; 105 C. 286; but otherwise if will contains an express prohibition against selling. Id., 278. Power to sell given in will does not include power to mortgage. Id., 286. Proceeds of mortgage may be used for improvement of real estate damaged by fire. 109 C. 199. Mere fact that sale of real estate is not necessary to pay debts does not make order of sale by probate court invalid. 135 C. 20. Cited. 140 C. 594; 143 C. 716.

      Conservatrix may not bind ward's estate in implied contract with real estate agent for sale of ward's property without probate court approval. 155 C. 119. Empowers probate court to authorize sale of estate land but does not provide for counsel fees. 160 C. 415. Statute contemplates an open and fair sale in the best interest of the parties in interest and plaintiff who offered to purchase estate asset is entitled to due process in the court approving the sale. 180 C. 511. Cited. 186 C. 67; Id., 360. Cited. 208 C. 606. Cited. 209 C. 260.

      Cited. 4 CA 436. Cited. 11 CA 297.

      Conservator may sell property of ward only on authority of probate court. 7 CS 225. Conditions for denial of application to sell. 13 CS 14. Court may order sale or mortgage to satisfy debts and charges subject to the conditions of Sec. 45-175 (45-271b). 17 CS 501. Cited. 40 CS 484.

      Subsec. (a):

      Cited. 186 C. 63.

      Cited. 20 CA 58.

      Subsec. (b):

      Cited. 20 CA 58.

      Annotations to present section:

      Subsec. (a):

      Cited. 24 CA 582. Probate Court not required to hold public hearing to give potential bidders an opportunity to comment on bidding procedure. 66 CA 591.

      Subsec. (b):

      Limits application of a bond to the misappropriation related to a real estate transaction, and not all misappropriations related to the estate, where bond form was marked to indicate the restricted nature of the bond and there was no evidence that a global bond was intended. 269 C. 550.

      Sec. 45a-165. (Formerly Sec. 45-243). Sale or mortgage of real property by successor to original appointee or survivor of appointees. (a) When any conservator, guardian, administrator, executor or trustee, who has been authorized under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 to sell or mortgage any real property, has died, resigned or been removed without having sold or mortgaged such real property, the court of probate by which such sale or mortgage was authorized may, upon written application by his duly appointed successor, authorize the sale or mortgage of the real property remaining unsold or unmortgaged upon his giving such probate bond, if any, and upon such further notice, if any, as said court orders.

      (b) The court may likewise, upon similar application, authorize the survivor or survivors, as the case may be, of two or more executors, administrators, trustees, conservators or guardians to sell or mortgage any real property that the original fiduciaries were authorized to sell or mortgage upon giving such probate bond, if any, and upon such further notice, if any, as the court orders.

      (1949 Rev., S. 7027; P.A. 80-227, S. 19, 24; 80-476, S. 81.)

      History: P.A. 80-227 removed overseers appointed pursuant to Sec. 54-37 from purview of section, effective July 1, 1981; P.A. 80-476 divided section into Subsecs., substituted "real property" for "real estate" and made other slight changes in wording; Sec. 45-243 transferred to Sec. 45a-165 in 1991.

      Sec. 45a-166. (Formerly Sec. 45-241). Public or private sale of real property. Distribution of proceeds. Validation of sale. (a) The Court of Probate in ordering a sale under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 shall direct whether the sale shall be public or private. If a public sale is directed, the court shall direct the notice thereof which shall be given. If a private sale is directed, the court may, if it appears to be for the best interests of the estate, determine the price and the terms of the sale, including purchase money mortgage or mortgages, as it considers reasonable and advisable.

      (b) The net proceeds of the sale shall be divided or distributed in the same manner as such real property would have been divided or distributed if it had not been sold.

      (c) If a court of probate fails to direct whether the sale is to be public or private as required by subsection (a) of this section and authorizes a sale to be either public or private subject to the discretion of the fiduciary, a sale conducted pursuant to that order is as valid as if the court had not failed to direct whether the sale is to be public or private.

      (1949 Rev., S. 7025; 1949, S. 2939d; P.A. 80-476, S. 82; P.A. 99-238, S. 6, 8; P.A. 00-84, S. 3, 6.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-241 transferred to Sec. 45a-166 in 1991; P.A. 99-238 added Subsec. (c) re validity of sale pursuant to order if court fails to direct whether sale to be public or private, effective July 1, 2000; P.A. 00-84 revised effective date of P.A. 99-238 to specify applicability of section as amended by that act to errors, irregularities and omissions occurring on or after January 1, 1999, effective July 1, 2000.

      Annotations to former section 45-241:

      Probate court ordered a public sale of real estate of an estate "by sealed bids to be received by the court". Held not a public sale. A public sale is one made at auction to highest bidder. Order of court was void. 135 C. 20. Only persons affected by an order approving the sale of property constituting an asset of an estate are those to whom the estate will be distributed or creditors, if the estate is insolvent. 142 C. 379. Cited. 186 C. 360.

      Cited. 4 CA 436. Cited. 20 CA 58.

      Annotations to present section:

      Subsec. (a):

      Cited. 24 CA 582. Probate Court not required to hold public hearing to give potential bidders an opportunity to comment on bidding procedure. 66 CA 591.

      Sec. 45a-167. (Formerly Sec. 45-244). Sale of real property by other than fiduciary. (a) Any court of probate to which an application to sell real property has been made under the provisions of section 45a-164, may authorize a person other than the fiduciary to sell it in accordance with the provisions of sections 45a-164 and 45a-166 if such person has given a probate bond and if a probate bond is in force for the fiduciary in accordance with section 45a-164, unless exempted therefrom under section 45a-169.

      (b) Such person selling the real property shall pay to the fiduciary the sum for which such real property was sold.

      (1949 Rev., S. 7028; P.A. 80-227, S. 20, 24; 80-476, S. 83; P.A. 83-87, S. 4.)

      History: P.A. 80-227 rephrased provision re probate bonds and deleted clause requiring that person other than fiduciary making sale "will faithfully administer and account for the avails of such sale according to law", effective July 1, 1981; P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted "real property" for "real estate"; P.A. 83-87 deleted provision permitting fiduciary to be a purchaser of real property; Sec. 45-244 transferred to Sec. 45a-167 in 1991.

      Annotations for former section 45-244:

      Failure to follow statute makes sale voidable; and even though sale is made through intermediate conveyance to third party, relief lies in superior court. 105 C. 560. Effect and intent of former statute. 127 C. 480. Cited. 134 C. 334. Action of court in receiving and recording a return of sale is ministerial and no appeal lies. 140 C. 594.

      Not obligatory upon an executor to proceed under this section. He may sell to himself and such sale will not be void but if challenged, the burden is on him to show that the transaction was fair and equitable. 13 CS 114.

      Sec. 45a-168. (Formerly Sec. 45-242). Mortgage of real property; Amount and interest rate. Liability of fiduciary. (a) An application to mortgage real property made under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 shall set forth the amount of money necessary to be raised and the purposes for which the money is required.

      (b) The order of the court upon the application to mortgage shall fix the amount for which the mortgage may be given and the rate of interest which may be paid thereon.

      (c) The note and mortgage legally executed by such conservator, guardian, administrator, executor, trustee or overseer shall bind the estate, but shall not bind such fiduciary individually.

      (1949 Rev., S. 7026; P.A. 80-476, S. 84.)

      History: P.A. 80-476 divided section into Subsecs., substituted "real property" for "real estate" and made other minor changes in wording; Sec. 45-242 transferred to Sec. 45a-168 in 1991.

      Annotation to former section 45-242:

      Former statute cited. 120 C. 671.

      Sec. 45a-169. (Formerly Sec. 45-240). When probate bond not required. The Court of Probate may dispense with the requirement of a probate bond as set forth in sections 45a-162 to 45a-169, inclusive, if: (1) The fiduciary is a bank or trust company authorized to do business and maintaining a place of business in this state; (2) the fiduciary is a foreign bank or trust company which has qualified and been approved as such fiduciary; (3) the fiduciary is excused by the will from giving a probate bond; or (4) the Court of Probate determines that a bond is not required for the protection of interested parties.

      (1949 Rev., S. 7024; P.A. 73-254; P.A. 80-476, S. 85.)

      History: P.A. 73-254 authorized court to waive probate bond requirement if it determines the bond to be unnecessary "for the protection of interested parties"; P.A. 80-476 restated provisions but made no substantive change; Sec. 45-240 transferred to Sec. 45a-169 in 1991.

      Annotation to former section 45-240:

      Cited. 140 C. 594.

      Secs. 45a-170 to 45a-174. Reserved for future use.

PART VI*
ACCOUNTS

      Sec. 45a-175. (Formerly Sec. 45-267). Jurisdiction of accounts of fiduciaries. Appointment of auditor to examine accounts, when. (a) Courts of probate shall have jurisdiction of the interim and final accounts of testamentary trustees, trustees appointed by the courts of probate, conservators, guardians, persons appointed by probate courts to sell the land of minors, executors, administrators and trustees in insolvency, and, to the extent provided for in this section, shall have jurisdiction of accounts of the actions of trustees of inter vivos trusts and attorneys-in-fact acting under powers of attorney.

      (b) A trustee or settlor of an inter vivos trust or an attorney-in-fact or the successor of the trustee, settlor or attorney-in-fact or the grantor of such power of attorney or his legal representative may make application to the court of probate for the district where the trustee, or any one of them, or the attorney-in-fact has any place of business or to the court of probate for the district where the trustee or any one of them or the settlor or the attorney-in-fact or the grantor of the power resides or, in the case of a deceased settlor or grantor, to the court of probate having jurisdiction over the estate of the settlor or grantor or for the district in which the settlor or grantor resided immediately prior to death for submission to the jurisdiction of the court of an account for allowance of the trustee's or attorney's actions under such trust or power.

      (c) (1) Any beneficiary of an inter vivos trust may petition a court of probate having jurisdiction under this section for an accounting by the trustee or trustees. The court may, after hearing with notice to all interested parties, grant the petition and require an accounting for such periods of time as it determines are reasonable and necessary on finding that: (A) The beneficiary has an interest in the trust sufficient to entitle him to an accounting, (B) cause has been shown that an accounting is necessary, and (C) the petition is not for the purpose of harassment.

      (2) A court of probate shall have jurisdiction to require an accounting under subdivision (1) of subsection (c) of this section if (A) a trustee of the trust resides in its district, (B) in the case of a corporate trustee, the trustee has any place of business in the district, (C) any of the trust assets are maintained or evidences of intangible property of the trust are situated in the district, or (D) the settlor resides in the district or, in the case of a deceased settlor, resided in the district immediately prior to death.

      (3) As used in subdivision (1) of subsection (c) of this section, "beneficiary" means any person currently receiving payments of income or principal from the trust, or who may be entitled to receive income or principal or both from the trust at some future date, or the legal representative of such person.

      (d) The action to submit an accounting to the court, whether by an inter vivos trustee or attorney acting under a power of attorney or whether pursuant to petition of another party, shall not subject the trust or the power of attorney to the continuing jurisdiction of the Probate Court.

      (e) If the court finds such appointment to be necessary and in the best interests of the estate, the court upon its own motion may appoint an auditor to be selected from a list provided by the Probate Court Administrator, to examine accounts over which the court has jurisdiction under this section, except those accounts on matters in which the fiduciary or cofiduciary is a corporation having trust powers. The Probate Court Administrator shall promulgate regulations in accordance with section 45a-77 concerning the compilation of a list of qualified auditors. Costs of the audit may be charged to the fiduciary, any party in interest and the estate, in such proportion as the court shall direct if the court finds such charge to be equitable. Any such share may be paid from the fund established under section 45a-82, subject to the approval of the Probate Court Administrator, if it is determined that the person obligated to pay such share is unable to pay or to charge such amount to the estate would cause undue hardship.

      (f) Upon the allowance of any such account, the court shall determine the rights of the fiduciaries or the attorney-in-fact rendering the account and of the parties interested in the account, subject to appeal as in other cases. The court shall cause notice of the hearing on the account to be given in such manner and to such parties as it directs.

      (g) In any action under this section, the Probate Court shall have, in addition to powers pursuant to this section, all the powers available to a judge of the Superior Court at law and in equity pertaining to matters under this section.

      (1949 Rev., S. 7051; 1963, P.A. 480; 1969, P.A. 209, S. 1; P.A. 74-21, S. 1, 2; P.A. 77-489; P.A. 80-476, S. 86; P.A. 87-333, S. 1; P.A. 89-79; P.A. 96-202, S. 4; P.A. 97-90, S. 3; P.A. 98-52, S. 5.)

      History: 1963 act added provisions re trustee's application to submit an account of inter vivos trust and deleted reference to "annual, interim or final" accounts in provision re court's determination of fiduciaries' rights; 1969 act deleted initial reference to annual accounts of testamentary trustees; P.A. 74-21 specified that in cases involving deceased settlors, application is made to probate court having jurisdiction over settlor's estate; P.A. 77-489 added provisions re court's jurisdiction over accounts of actions of "attorneys-in-fact acting under powers of attorney created in accordance with section 45-69o"; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 87-333 inserted new Subsec. (d) re appointment of auditor to examine accounts, promulgation of regulations re compilation of list of qualified auditors and charge of costs of audit to fiduciary, any party in interest and the estate as court deems equitable or payment of charge from fund under Sec. 45-4h if charge to person or estate would cause undue hardship, relettering as necessary; P.A. 89-79 inserted new Subsec. (c) permitting beneficiary of inter vivos trust to petition court having jurisdiction for an accounting by trustee and to permit court to grant such petition upon certain findings, relettering previously existing Subsecs. accordingly; Sec. 45-267 transferred to Sec. 45a-175 in 1991; P.A. 96-202 amended Subsecs. (a) and (d) by deleting phrase "created in accordance with section 45a-562" after "powers of attorney" and amended Subsec. (b) by adding "or the successor of the trustee or attorney-in-fact"; P.A. 97-90 added new Subsec. (g) re powers of Probate Court to include powers available to Superior Court re accountings; P.A. 98-52 amended Subsec. (b) by adding "or any one of them", deleting "his or its principal" and inserted "any" and added "or for the district in which the settlor or grantor resided immediately prior to death" and amended Subdiv. (2) of Subsec. (c) by adding "or in the case of a deceased settlor, resided in the district immediately prior to death".

      Annotations to former section 45-267:

      Allowance of sum in gross improper. 4 D. 140; 30 C. 208; 34 C. 303. Decree allowing account not impeachable in suit on bond. 4 D. 221; 16 C. 318. Probate court has jurisdiction of every item of account. 8 C. 90; 16 C. 318. Oath to account necessary. 8 C. 424. Executor may be made to account for avails of real estate. 13 C. 506. Every sum collected but not inventoried should appear in account. 21 C. 243. Ascertained future expenses may be allowed. Id., 556. Unnecessary expenses not allowable items. 27 C. 238. Claim against administrator for services rendered gives claimant no right of appeal from account disallowing such claim. 28 C. 415. Expenses of administration are personal charges against executors. Id., 550. Decree accepting account has all the elements of a final judgment. 31 C. 382; But see 32 C. 560; 36 C. 186. Previous errors may be corrected in final account. 35 C. 123; 49 C. 534. Account cannot be settled in superior court in suit on bond. 36 C. 295. Acceptance of final account as settlement of estate. 72 C. 555; 77 C. 374; 78 C. 517. Percentage charge by administrator; lump sum for "traveling expenses". 73 C. 639. Correction of final account to include property omitted from inventory; see 84 C. 659. Accounting in case of change of capacity from administrator to guardian; 80 C. 111. Account should be read in connection with inventory. Id., 620. Accounting in case of change of capacity from executor to trustee. 111 U.S. 566. What are administration expenses; taxes of other states and of United States are. 92 C. 506. Penalty tax of Conn. 96 C. 369. Jurisdiction of probate courts to pass upon accounts of testamentary trustee is not exclusive. 121 C. 388. Cited. 124 C. 422; 131 C. 482; 147 C. 482; 149 C. 348; 155 C. 417. Cited. 165 C. 207. Does not confer on a probate court any jurisdiction over a final account filed by a surety on the probate bond of a fiduciary. Id., 211. Cited. 202 C. 57.

      Probate court jurisdiction over inter vivos trust accounts not exclusive. 29 CS 275.

      Annotations to present section:

      Cited. 45 CA 490.

      Cited. 45 CS 368.

      Subsec. (c):

      Subdiv. (1) discussed. 247 C. 686.

      Subsec. (f):

      Probate Court may enforce rights under subsec. by, inter alia, surcharging fudiciary for breach of trust. 261 C. 585.

      Sec. 45a-176. (Formerly Sec. 45-267a). Statement in lieu of account when fiduciary is beneficiary. Except when any beneficiary is a trustee of a testamentary or inter vivos trust, if any fiduciary of a decedent's estate is one of the beneficiaries of the residue of the estate, and if all dispositions, if any, to other beneficiaries are bequests of specific personal property or of an amount certain or devises of specific real property, any fiduciary may, in lieu of any other accounting required under this chapter, file with the court of probate having jurisdiction of the estate a statement under the penalties of false statement that all debts, funeral expenses, taxes and expenses of administration have been paid, and all bequests and devises have been or will be distributed. The statement shall include the total of any amount reported on the return of claims filed under section 45a-397, an itemized list of all funeral expenses, taxes and expenses of administration, and a representation that all distributees have received a copy of the statement. Any distributee or other interested party not satisfied with the adequacy or content of the statement may request the filing of an account under section 45a-175 or object to the statement by petitioning the court for a hearing at any time prior to the court's approval of the statement. The court may, for cause shown, refuse to accept the statement and require an accounting from the fiduciary. The court of probate may enter a decree releasing and discharging the fiduciary and the sureties on his bond, if any, from any further liability.

      (P.A. 77-29; P.A. 80-476, S. 87; P.A. 83-520, S. 8; P.A. 93-68; P.A. 98-219, S. 23.)

      History: P.A. 80-476 made minor changes in wording but no substantive changes; P.A. 83-520 permitted fiduciary to file statement in lieu of accounting whenever multiple fiduciaries of estate are the only beneficiaries and all dispositions to other beneficiaries are specific bequests, except in the case where any beneficiary is trustee of testamentary or inter vivos trust, and added procedure re filing receipts of beneficiaries of specific bequests; Sec. 45-267a transferred to Sec. 45a-176 in 1991; P.A. 93-68 divided section into Subsecs. and added provision re bequests of personal property or an amount certain or devises of specific real property; P.A. 98-219 revised section permitting statement in lieu of accounting if any fiduciary is one of beneficiaries.

      Sec. 45a-177. (Formerly Sec. 45-268). Periodic rendering of accounts; hearing. Nature of account. Exceptions. (a) All conservators, guardians, persons appointed by the Court of Probate to sell land of minors and trustees, including those entrusted with testamentary trusts unless excused by the will creating the trust, shall render periodic accounts of their trusts signed under penalty of false statement to the Court of Probate having jurisdiction for allowance, at least once during each three-year period and more frequently if required to do so by the will or trust instrument creating the trust. Periodic accounts for filing only may be submitted to the court at any time during each three-year period. Upon receipt of a periodic account, the court shall cause notice of it and of its availability for examination at the court to be given in such manner and to such parties as it deems reasonable. Any such party may apply to the court for a hearing on the account. If an application for such a hearing is not received by the court from a party in interest within the time stated in the notice, the periodic account will be filed without hearing thereon and without allowance or disallowance thereof, and shall not be recorded. At the end of each three-year period from the date of the last allowance of a periodic account, or upon the earlier receipt of a final account, there shall be a hearing on all periodic accounts not previously allowed, and the final account, if any, in accordance with sections 45a-178 and 45a-179.

      (b) Each such periodic account shall include an inventory of the trust estate showing fully how the principal of the fund is invested and the items of income and expenditure. If there has been no change in the identity of the items comprising the principal of the fund since the last account which has been accepted and approved, it shall not be necessary to include an inventory of the trust estate.

      (c) If the estate held by any person in any such fiduciary capacity is less than two thousand dollars, or, in the case of a corporate fiduciary under the supervision of the Banking Commissioner or any other fiduciary bonded by a surety company authorized to do business in this state, ten thousand dollars, such fiduciary shall not be required to render such account unless so ordered by the court.

      (1949 Rev., S. 7052; 1961, P.A. 139; 1969, P.A. 209, S. 2; P.A. 77-430; 77-614, S. 161, 610; P.A. 80-476, S. 88; 80-482, S. 336, 348; P.A. 87-9, S. 2, 3; P.A. 99-84, S. 16; P.A. 03-84, S. 30.)

      History: 1961 act specified that estates of less than ten thousand dollars held by corporate fiduciaries under supervision of bank commissioner or by other fiduciaries bonded by surety companies authorized to do business in state are not subject to annual account requirement; 1969 act required that accounts be rendered "at least once during each three-year period" rather than annually; P.A. 77-430 authorized more frequent filing if required by will or trust instrument and added provisions re filing and hearing procedure for periodic accounts; P.A. 77-614 replaced bank commissioner with banking commissioner within the department of business regulation and made banking department a division within that department, effective January 1, 1979; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 80-482 restored banking commissioner and division to prior independent status and abolished the department of business regulation; (Revisor's note: Pursuant to P.A. 87-9 "banking commissioner" was changed editorially by the Revisors to "commissioner of banking"); Sec. 45-268 transferred to Sec. 45a-177 in 1991; P.A. 99-84 amended Subsec. (a) by deleting "under oath" and inserting "signed under penalty of false statement"; P.A. 03-84 changed "Commissioner of Banking" to "Banking Commissioner" in Subsec. (c), effective June 3, 2003.

      Annotations to former section 45-268:

      Court has control of trust until approval of final account and trustee's return of distribution. 92 C. 292. Final account precedes distribution; erroneous order of distribution by court does not justify trustee's refusal to file final account; final account means an account substantially up to date. Id. History of statute; how far court has power to construe a trust. 93 C. 405. Objection to acceptance of final account is a proper method of raising question of right of trustee to account for property sold at inventory value instead of real value. 94 C. 373. Where there is a trust, there is no final distribution until trust is terminated and trust fund distributed. 98 C. 478. Implicit that final account must be filed. 121 C. 391. Decree of probate court, unappealed from, conclusive as to items within administration of estate. 126 C. 324. Cited. 131 C. 482. Statutory jurisdiction of a probate court over ordinary annual accounts of testamentary trustees is at least concurrent with that of the superior court as a court of equity. 147 C. 482. Cited. 148 C. 361; 155 C. 115, 120; Id., 417.

      Cited. 12 CS 95.

      Annotations to present section:

      Cited. 45 CA 490.

      Cited. 42 CS 548. Cited. 45 CS 368.

      Sec. 45a-178. (Formerly Sec. 45-269). Allowance of interim accounts. Notice and hearing. The Court of Probate shall direct what notice, if any, shall be given to the parties in interest of the filing of any account described in section 45a-177, and of the hearing thereon, and may adjust and allow the account. The court may make any order necessary and proper to secure the execution of the duties of such fiduciary, subject to appeal as in other cases.

      (1949 Rev., S. 7053; P.A. 80-476, S. 89.)

      History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-269 transferred to Sec. 45a-178 in 1991.

      Annotations to former section 45-269:

      Effect of this section. 69 C. 262. Cited. 70 C. 375; 147 C. 482; 148 C. 361.

      Annotation to present section:

      Cited. 42 CS 548.

      Sec. 45a-179. (Formerly Sec. 45-270). Notice and hearing on final accounts. (a) When a conservator, guardian, trustee in insolvency or trustee of a testamentary trust exhibits his or her final account to the Court of Probate for allowance, the court shall appoint a time and place for a hearing on the account and shall cause notice of the hearing to be given as it directs. Such fiduciary shall sign the account under penalty of false statement.

      (b) The court shall, before approving a final account of an executor or administrator, hold a hearing thereon for which notice may be given as the court shall direct, unless all parties interested in the estate sign and file in court a written waiver of such notice.

      (1949 Rev., S. 7054; P.A. 80-476, S. 90; P.A. 98-219, S. 24; P.A. 99-84, S. 17.)

      History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-270 transferred to Sec. 45a-179 in 1991; P.A. 98-219 amended Subsec. (a) by deleting "an executor, administrator" and added Subsec. (b) re procedure for approval of final account of executor and administrator; P.A. 99-84 amended Subsec. (a) by deleting "swear or affirm under oath to the truth of" and inserting "sign" and "under penalty of false statement".

      See Sec. 12-371 re estates of nonresident decedents and cooperation with other states.

      Annotations to former section 45-270:

      True condition of estate must appear from account and inventory. 21 C. 244. Cited. 32 C. 573. Such annual account does not conclude the parties. 45 C. 125. The rendering of an annual account when no notice is given, not conclusive. 56 C. 442. Cited. 73 C. 442. Parties in interest may question account. 91 C. 469. Does not preclude court ordering other accounts from time to time; relation to Sec. 45-4. 92 C. 290.

      This is undoubtedly a judicial proceeding. 12 CS 95. Final accounting can be had only in the court of probate which appointed the guardian. 14 CS 11.

      Annotation to present section:

      Cited. 42 CS 548.

      Sec. 45a-180. (Formerly Sec. 45-271). Settlement of account of deceased fiduciary. Whenever an executor, administrator, conservator, guardian, trustee in insolvency or trustee of any testamentary trust dies before completing and accounting for his trust, the executor or administrator of the deceased fiduciary shall settle the deceased fiduciary's account in the Court of Probate. The amount found due from or to the deceased fiduciary shall be paid in the same manner as it would have been paid to or by him if the account had been settled in his lifetime.

      (1949 Rev., S. 7055; P.A. 80-476, S. 91.)

      History: P.A. 80-476 replaced references to "decedent" with references to "deceased fiduciary"; Sec. 45-271 transferred to Sec. 45a-180 in 1991.

      Annotations to former section 45-271:

      Conclusiveness of orders allowing accounts. 74 C. 218; 77 C. 70; 85 C. 279. Acceptance of account showing departure from terms of trust does not justify further departures. 79 C. 555. If item omitted, acceptance of account not adjudication that it should not be included. 82 C. 33. Allowance of account filed by executor or administrator of deceased trustee, if not appealed from, is determination of rights as between trustee and his estate and beneficiaries. 124 C. 422. Accounts filed on behalf of deceased life tenant, discussed. Id., 423.

      Cited. 12 CS 394. Final accounting must be in the probate court which appointed the guardian. 14 CS 11.

      Secs. 45a-181 to 45a-185. Reserved for future use.

PART VII*
PROBATE APPEALS

      Sec. 45a-186. (Formerly Sec. 45-288). Appeals from probate. (a) Any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, may appeal therefrom to the Superior Court in accordance with subsection (b) of this section. Except in the case of an appeal by the state, such person shall give security for costs in the amount of one hundred fifty dollars, which may be paid to the clerk, or a recognizance with surety annexed to the appeal and taken before the clerk or a commissioner of the Superior Court or a bond substantially in accordance with the bond provided for appeals to the Supreme Court. Appeals from any decision rendered in any case after a record is made under sections 51-72 and 51-73 shall be on the record and shall not be a trial de novo.

      (b) Any such appeal shall be filed in the superior court for the judicial district in which such court of probate is located except that (1) any appeal under subsection (b) of section 12-359 or subsection (b) of section 12-367 or subsection (b) of section 12-395, shall be filed in the judicial district of Hartford and (2) any appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in the superior court for juvenile matters having jurisdiction over matters arising in such probate district.

      (1949 Rev., S. 7071; P.A. 75-190, S. 1, 2; P.A. 76-221; P.A. 78-280, S. 2, 127; P.A. 80-476, S. 92; P.A. 82-472, S. 174, 183; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-225, S. 3, 4; P.A. 95-220, S. 4-6; 95-254, S. 1, 5; P.A. 97-165, S. 9, 16.)

      History: P.A. 75-190 added exception re appeals by state; P.A. 76-221 required giving of security for costs, recognizance with surety or bond, replacing less specific requirement for giving of "bond, with sufficient surety to the state, to prosecute such appeal to effect"; P.A. 78-280 replaced "county" with "judicial district"; P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-472 made technical change; Sec. 45-288 transferred to Sec. 45a-186 in 1991; P.A. 93-225 provided exception that appeal under Subsec. (b) of Sec. 12-359 or Subsec. (b) of Sec. 12-367 shall be filed in judicial district of Hartford-New Britain, effective July 1, 1993 (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public acts of the 1993 session of the general assembly, effective September 1, 1996); P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-254 amended Subsec. (a) by replacing language re appeal with reference to Subsec. (b) and added Subsec. (b) re appeals, including appeals re matters concerning removal of parent as guardian, termination of parental rights and adoption to be filed in superior court for juvenile matters; P.A. 97-165 amended Subsec. (b) to add reference to Subsec. (b) of Sec. 12-395, effective July 1, 1997.

      Annotations to former section 45-288:

      Appeal is confined to decree appealed from. 2 R. 159. It must appear from appeal that appellant is aggrieved or affected by decree. 2 R. 220; 4 D. 141; 34 C. 203; 46 C. 528; 52 C. 217; 55 C. 229; 70 C. 456; 107 C. 356. One appeal may be taken from several decrees. 6 C. 359; but see 79 C. 87. Appeal not affected by fact that all the other heirs are satisfied. 7 C. 226. Appeal lies from decree allowing credit in administration account for payment of claim against estate. 8 C. 90. Also, account omitting debts collected. 21 C. 244. Appellate court may admit same testimony as probate court could do. 9 C. 231; 74 C. 257. Every act of court of probate is subject of appeal. 10 C. 192; 97 C. 442. Later decree, if reversed, reverses prior inconsistent decree. 13 C. 224. Appellate court has jurisdiction only over decree appealed from. 15 C. 523; 89 C. 432. Objection that appellant has no interest must be preliminary. 22 C. 131. Appeal cannot be taken to adjourned term of court. 19 C. 1. Nor to regular term subsequent to its commencement. 24 C. 145. When appeal affects other than the executor, parties in interest shall defray expenses. 19 C. 416. Taxing costs on appeal is discretionary with court. Id., 534; 22 C. 271; 38 C. 308; 76 C. 654. When costs are to be paid by administrator. 19 C. 538. Whether decree may be affirmed in part only, quaere. 23 C. 522. Appeal does not vacate or suspend decree appealed from. 28 C. 442; 34 C. 112; Id., 362; 75 C. 312. Appellant may withdraw appeal on settlement with appellee notwithstanding objection of other interested parties who previously agreed with appellant that appeal should be taken in his name, they sharing in expense. 32 C. 334. Appellate court not confined to reasons for decree appearing from record of probate court. 39 C. 401. Appeal from decree appointing guardian within jurisdiction of appellate court. Id., 538. Technical rules of pleading do not apply. 34 C. 446; 48 C. 205; 80 C. 401. A decree once affirmed on appeal may be again appealed from by another party. 47 C. 259. An appeal cannot be taken from allowance or refusal to allow appeal. 49 C. 70; 76 C. 426. Appellate court cannot exercise equity powers that probate court cannot exercise. 53 C. 24. Refusal by probate court to appoint trustee proper subject of appeal. 54 C. 324. Legatee under prior will may appeal from decree probating later will. 57 C. 545. Attaching creditor cannot appeal from decree adjudicating debtor an insolvent. 59 C. 37. Distributees may appeal from decree accepting return of distribution not in accordance with terms of will. 64 C. 53. "Aggrieved" applies only to persons having a pecuniary interest in matter in controversy. Id., 533; 70 C. 457; 106 C. 587. Is civil process; return day. 76 C. 284; 83 C. 677; 84 C. 659. Trial is de novo; power of court. 76 C. 121; 97 C. 443. Appeal by infant through next friend. 76 C. 426. Husband who has renounced interest in wife's estate cannot be "aggrieved", but sole heir may be, by order approving compromise of claim. Id. Undue influence not in issue unless assigned in reasons of appeal. 74 C. 258. Though will is probated, appeal lies from distribution, on ground of invalidity of bequest. 79 C. 506. Appeal from allowance of account does not raise issue as to need of new inventory. 80 C. 623. Proper party to appeal from orders as to sale of ward's estate, after ward's death. 81 C. 127. Appeal from distribution cannot raise question of validity of appointment of administrator on estate of distributee. 83 C. 235. Burden of proof on appeal from allowance of account. 84 C. 659. Appeal lies from acceptance of distribution. 89 C. 421. Superior court has no greater power than probate court; 64 C. 360; 71 C. 132; 81 C. 161; 84 C. 560; can appoint administrator; 76 C. 121; id., 379; Settle account; 72 C. 555; 80 C. 401; determine domicile of deceased. 86 C. 351. Superior court cannot determine disputed question of title; 84 C. 560; see where trust provision is claimed to be invalid; 74 C. 601; 77 C. 705; power to construe will; 71 C. 122; court cannot pass on claims; 68 C. 84; power to determine allowance to widow. 69 C. 699. Not an "action" in such sense as to permit a jury trial. 90 C. 48. Written motion for appeal not necessary; mandamus lies to compel correction in appeal before service. 91 C. 110. Administrator cannot appeal from order appointing him; 88 C. 423; nor trustee in insolvency, from order refusing extension of time to present claims. 70 C. 455. No appeal lies from determination of distributees apart from order of distribution; 72 C. 322; but see where distributees fail to observe conditions imposed on estate. 64 C. 41; 71 C. 129. Appeal lies where probate court acted without jurisdiction. 71 C. 708. Appeals as to allowance of secured claims. 68 C. 184; 71 C. 708. Issues on appeal alleging testamentary capacity. 92 C. 173. Effect of clause in will providing for forfeiture if any beneficiary attacks will. Id., 173 ff. Appeal should be from precise order or act involved. 105 C. 609. Members of unascertainable, fluctuating group of beneficiaries of a public charity lack direct pecuniary interest necessary for appeal. 106 C. 587. Administrator removed upon admission of will is not entitled to appeal. 117 C. 201. Nor is trustee removed for neglect of duty. 129 C. 67. The word "aggrieved", as used in this statute, construed. 122 C. 331. Provision of will that order of probate court shall be conclusive and no appeal allowed, held invalid. 131 C. 471. Cited. 139 C. 740; 140 C. 686. When acting upon an appeal from probate, superior court is exercising special and limited powers. 139 C. 374. An aggrieved person must have not only a pecuniary interest but a pecuniary interest which has been injuriously affected by the decree appealed from. Id., 652; 143 C. 433. If an appellant is not actually aggrieved, appeal is void. Id., 733. Trustee under a will has duty to protect the interests of the beneficiaries of the trust and if such interests are adversely affected by a later will he is an aggrieved person to appeal from decree allowing later will. 140 C. 80. An aggrieved person is one who can show a direct pecuniary interest in the matter in controversy which interest the decree appealed from will in some way injuriously affect. 142 C. 379. One against whom a claim may be prosecuted is not "an aggrieved person". 143 C. 720. Limits of superior court's jurisdiction in appeals from probate. 147 C. 656. Superior court on appeal from probate sits as, and has no greater power than, a court of probate. 148 C. 642; 153 C. 603, 614. Superior court acts as a court of probate, exercising a special and limited statutory jurisdiction rather than its constitutional jurisdiction. It cannot by exercise of general equity powers relieve plaintiff from effect of late filing of appeal under section 45-289. 150 C. 563. Allegations that plaintiff is nephew, former ward and prospective heir of and "responsible for" alleged incompetent's care held insufficient to establish aggrievement within meaning of statute; there is no allegation his rights were adversely affected by appointment of conservator of property of incompetent. 154 C. 247. Appeal erased for want of jurisdiction where plaintiff had not shown himself to be an aggrieved person. Mere allegation that plaintiff is aggrieved without supporting factual allegations is not sufficient and allegation that he is only child of incompetent does not bestow on him a real interest in proceedings. 156 C. 625. Cited. 157 C. 576. Review of probate court may not include evidence of matters not in existence at date of probate court hearing. Id. In appeal from probate, superior court retries issues de novo and case is not presented on transcript of proceedings in probate court. 158 C. 217. Cited. Id., 293. To have standing as aggrieved party plaintiff must have pecuniary interest which is injuriously affected by decree appealed from. 160 C. 463, 467. Cited. 165 C. 207; Id., 478, 482. Administrator of an intestate estate appointed by the probate court and supplanted after discovery and probate of decedent's will by an administrator c.t.a. is not an "aggrieved person". 167 C. 396. Unless the plaintiffs are persons actually aggrieved by the order or decree, the superior court has no jurisdiction over the subject matter of the appeal; to qualify as an aggrieved person, the plaintiff must have a pecuniary interest in the subject matter of the decree or order, and that interest must be adversely affected by the decree or order from which the appeal is taken. 169 C. 218. Discussion of aggrievement. Id., 218, 220. Cited. Id., 382, 386. Cited 174 C. 482. Plaintiff who bid upon property of an estate offered for sale has an interest in the proceedings used by the court to approve the sale sufficient to make him an aggrieved party and confer standing. 180 C. 511. Cited. 182 C. 322. Cited. 185 C. 25. Cited. 186 C. 63; Id., 360. Cited. 194 C. 635. Cited. 195 C. 123. Cited. 208 C. 606. Cited. 211 C. 323. Cited. 216 C. 514.

      A judgment creditor of an heir at law does not have standing to appeal as an aggrieved party where will disinheriting heir is admitted to probate. 1 CA 17. Cited. 2 CA 251; Id., 697. Cited. 3 CA 566. Cited. 4 CA 436. Cited. 6 CA 118; Id., 521; Id., 530. Cited. 9 CA 368; Id., 413. Cited. 11 CA 297. Cited. 13 CA 45. Cited. 19 CA 456. Cited. 20 CA 58. Cited. 22 CA 490.

      In this section and in section 45-293 appear the requisites of an appeal from probate. 4 CS 208. Cited. 5 CS 169; 10 CS 503. Appeal not limited to parties but open to any person aggrieved. 13 CS 193. Failure to furnish bond renders the appeal voidable not void and the defect can be waived. Id., 440. Cited. 14 CS 432. Appeal from probate is an absolute right of one aggrieved of which he cannot be deprived by an omission of the court. 18 CS 48.

      Aggrieved person. One claiming to be a legatee under a later will who was not named in a will admitted to probate by court decree. 8 CS 260. Applies only to person having a pecuniary interest. Id., 320; 10 CS 98; 12 CS 47; 13 CS 97; Id., 193. Beneficiary under an earlier will is. 14 CS 369. Analogous to section 31-249. 15 CS 62. Plaintiff's liability for support of her mother constituted her as one on an application for a finding of restoration of capacity for mother. Id., 177. Position of executor. 16 CS 460; 18 CS 98. One with a claim which could not be enforced against the administrator in his representative capacity is not. 20 CS 182. See note to section 45-289. On an appeal from probate, the superior court has no greater power than a court of probate. 21 CS 160. Neither the absolute right of appeal of an aggrieved party nor the jurisdiction of the superior court upon such an appeal may be defeated by the neglect or omission of the probate court. Id., 352. Generally speaking, the technical rules of pleading do not apply to the formation and determination of issues in appeals from probate to superior court. Id. In appeal re trustees' and attorney's fees superior court can only find whether fees were reasonable or not. 24 CS 470. If parties stipulate that superior court can fix reasonable fees, court can do so. Id. Where probate decree ordered coexecutors to restore part of sums paid one coexecutor and its attorneys, other coexecutor was aggrieved within meaning of this section since decree created a joint and several liability against him. 27 CS 110. Plaintiff's allegation in their motion for appeal that they are heirs at law of decedent and aggrieved by probate court order admitting will of decedent to probate at least prima facie establishes their interest. Id., 434. Executor's failure to appeal from probate court decree holding assignment by his decedent taxable as antemortem transfer could not be remedied by affirmative claim questioning taxability of transfer in executor's answer to tax commissioner's appeal from two other decisions in decree. 28 CS 210. Each probate appellant stands on his own feet and court will not permit another to join by citing him in. Id., 392. Cited. 34 CS 107. Cited. 38 CS 54. Cited. 39 CS 63; Id., 157.

      Annotations to present section:

      Cited. 226 C. 80. Cited. 228 C. 439. Cited. 237 C. 12; Id., 233. Cited. 238 C. 839. Cited. 239 C. 553. Superior Court has statutory authority to hear and determine appeals brought by person aggrieved by any Probate Court order, denial or decree. 276 C. 526.

      Cited. 27 CA 333; Id., 479. Cited. 30 CA 334. Cited. 34 CA 579. Cited. 36 CA 143. Cited. 37 CA 137. Plaintiff was "aggrieved person" under section because of the combination of circumstances including fact that he was the person's only child, heir and had previously had power of attorney and the subsequent appointment of essential strangers as conservators threatened his ability to continue his relationship with his mother without being subject to control by the conservators. 84 CA 486.

      Cited. 44 CS 169. Cited. 45 CS 533.

      Subsec. (a):

      There must be certainty, as distinguished from possibility, that a legally protected interest has been adversely affected in order for party to establish standing before probate court. The legally protected interest that may be affected must be an interest in the same matter before probate court, and not a protected interest in a different matter. 276 C. 782.

      Cited. 45 CA 490.

      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.

      See Sec. 51-53 re court clerks' duty to give notice of court decrees.

      Annotations to former section 45-289:

      Appeal must be taken within the time from each particular decree. 2 R. 74; 107 C. 356. That appeal is not taken in time must be pleaded in abatement. 2 D. 21. That appellant had notice and was present need not appear from record of probate court, but may be proved by parol. 29 C. 563. Party not estopped from appealing when he had no statutory notice of probate of will, although he time limitation for appeal commences to run date decree is entered and, after full hearing trustee attended, there is no requirement that he be present when court makes its decision and renders its order. 155 C. 413. Cited. 162 C. 477; 163 C. 439. When written waiver of notice is filed, notice requirement of this section is satisfied. 169 C. 382- 385. Statute is subject to implied requirement that court give notice of its decree before appeal period becomes operative. 178 C. 189. Cited. 185 C. 495. Cited. 204 C. 760. Cited. 208 C. 606.

      Cited. 20 CA 58.

      What constitutes legal notice. 8 CS 254. Publication in newspaper held to be "legal notice". Id., 261. Cited. 18 CS 481. "No notice to be present" means legal, not active notice. 19 CS 104. The term "no notice to be present" does not mean actual but legal notice to be present. Legal notice to nonresidents is notice given upon order of the court. 22 CS 232. Where appellant had filed motion for appeal within time limited but probate court allowed it six days later without allotted time, plea in abatement to jurisdiction was overruled as fault was not appellant's. 28 CS 49. Cannot be circumvented by a motion to become party to another's timely made appeal. Id., 392.

      Subsec. (a):

      Cited. 185 C. 25.

      Annotation to present section:

      Aggrieved party who files proper motion for appeal within statutory time period is not deprived of right to appeal because probate judge does not perform ministerial act of granting allowance of appeal until after the time period has passed. 82 CA 468.

      Subsec. (a):

      Cited. 37 CA 137.

      Sec. 45a-188. (Formerly Sec. 45-291). Time of taking appeals by minors or nonresidents. (a) Except as provided in this section, all appeals by persons who are minors at the time of the making of the order, denial or decree appealed from shall be taken within twelve months after they arrive at the age of majority.

      (b) In the case of any minor who has a guardian or guardian ad litem appointed and qualified by any court of probate in this state at the time of the making of the order, denial or decree, the time in which the minor or anyone on his behalf may appeal therefrom shall be one month from the date of such order, denial or decree if the guardian or guardian ad litem has had legal notice, as provided for the particular proceeding, of the time and place of the hearing on such proceeding concerning which such order, denial or decree was made.

      (c) All appeals by persons not inhabitants of this state who were not present at such time and did not have legal notice to be present shall be taken within twelve months thereafter.

      (d) Any judge or clerk of the Court of Probate or any fiduciary may cause written notice of any order, denial or decree of the Court of Probate to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby. In any such case the person, minor, guardian or guardian ad litem may appeal only within one month after receiving such notice.

      (1949 Rev., S. 7073; P.A. 80-476, S. 94; P.A. 82-277.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions; P.A. 82-277 amended Subsec. (d) to permit the judge or clerk of the court of probate or any fiduciary to give written notice of any court decree where previously "any executor, administrator or trustee of an estate" gave such notice; Sec. 45-291 transferred to Sec. 45a-188 in 1991.

      Annotations to former section 45-291:

      Appeal after time voidable, but not void. 61 C. 386. Right of guardian to compromise disputed claim may be tested by ward upon attaining his majority. 110 C. 162. Cited. 129 C. 315. Cited. 163 C. 439. When written waiver of notice is filed, notice requirement of this section is satisfied. 169 C. 382, 384, 385.

      Publication of notice of a probate hearing in local newspaper not "legal notice" to nonresident. 8 CS 262. Executor could properly adopt the notice sent by the assistant clerk as his own act. Id., 543. Legal notice to nonresidents is not actual notice but notice given upon order of the court. 22 CS 232. Cited. 28 CS 393.

      Subsec. (c):

      Cited. 185 C. 25.

      Subsec. (d):

      Twelve-month appeal period not reduced to one month where notice of the probate court's decree not given by one of officials referred to in the statutes. 185 C. 25.

      Sec. 45a-189. (Formerly Sec. 45-290). Amendment to appeal. In the event of any defect in the form of an appeal taken under the provisions of section 45a-186 by any aggrieved person, such person may obtain from the Court of Probate an amendment to the appeal correcting the defect, provided the order for amendment is granted not later than ninety days after the date of the order, denial or decree of the court of probate from which the appeal was originally taken.

      (1955, S. 2949d; P.A. 80-476, S. 95.)

      History: P.A. 80-476 made minor changes in wording but made no substantive changes; Sec. 45-290 transferred to Sec. 45a-189 in 1991.

      Annotations to former section 45-290:

      Cited. 194 C. 635.

      Cited. 9 CA 368.

      Sec. 45a-190. (Formerly Sec. 45-292). Appeals from actions of commissioners. (a) When any person is aggrieved by the actions of commissioners on any insolvent estate and the matter in demand exceeds fifty dollars, he may, within one month after the report of the commissioners is accepted, appeal to the superior court in the judicial district in which the probate district or any part thereof in which such estate is in settlement is situated, on giving bond as hereinbefore provided in case of a probate appeal.

      (b) The allowance or disallowance of two or more separate claims may be joined in a single appeal, if the matter in demand in each such claim exceeds fifty dollars.

      (1949 Rev., S. 7074; P.A. 78-280, S. 2, 127; P.A. 80-476, S. 96.)

      History: P.A. 78-280 replaced "county" with "judicial district"; P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-292 transferred to Sec. 45a-190 in 1991.

      Annotations to former section 45-292:

      Appeal lies from decree accepting or rejecting report of commissioners. 11 C. 423; 12 C. 141. Creditor not exhibiting claim may appeal. 13 C. 223. On appeal whole claim open to examination and determination. 15 C. 599. Insolvents may be proper parties defendant in an appeal. 18 C. 283. Voluntary grantee of an insolvent may be "aggrieved person". 20 C. 526. Every creditor of insolvent estate may appeal. Id. Legatee may appeal from disallowance of claim founded on breach of bond of deceased executor. 27 C. 352. Appellant confined to rules applicable to case set up in his reasons of appeal. 32 C. 542. No reasons of appeal required. 54 C. 525; 62 C. 376; 105 C. 609. For statement of claim conforming to a complaint, see Rules of Court. Appeal valid though bond given after time provided for taking appeal. 33 C. 126. Decision of commissioners can only be reviewed on appeal directly from their doings. Id., 215; 36 C. 212; 49 C. 425; 105 C. 609. Party having a beneficial interest in the claim rejected may be "aggrieved". 43 C. 110. A suggestion to court on appeal that probate court appointing commissioners had no jurisdiction should be favorably received. Id. Appeal from "doings" in regard to one of two separate claims does not involve the other. 46 C. 41. "Acceptance" means formal acceptance. 49 C. 81. Valuation of securities under Sec. 45-221 constitutes "doings" under this section. 51 C. 110. Method of taking appeals reviewed and discussed. 62 C. 370. An appeal in the matter of valuation does not involve amount or validity of claim. 68 C. 185. Otherwise where appeal is unrestricted. 71 C. 713. If real object is same, amendment of claim proper; how appeal taken. 72 C. 167; 73 C. 582; 81 C. 433; 101 U.S. 263. Ad damnum clause. 83 C. 34. Under former statute, held that separate appeals were required from allowance of each claim. 79 C. 89; 122 C. 244. Cited. 130 C. 327. Appeals stricken from the docket constitute failure to prove claims and hence are disallowed. 141 C. 108.

      Executor appealing from allowance of two or more claims must appeal from each separately following the authority of Mattoon's Appeal, 79 C. 86. 3 CS 447. Quaere as to right to jury trial. 10 CS 1; 15 CS 417. Either party may request a jury trial on appeal. 21 CS 160. See 22 CS 241.

      Annotation to present section:

      Cited. 27 CA 333.

      Sec. 45a-191. (Formerly Sec. 45-293). Interest of appellant to be stated. In each appeal from probate or from the actions of commissioners, the interest of the appellant shall be stated in the motion for appeal, unless such interest appears on the face of the proceedings and records of such court of probate.

      (1949 Rev., S. 7075; P.A. 80-476, S. 97.)

      History: P.A. 80-476 substituted "actions" for "doings"; Sec. 45-293 transferred to Sec. 45a-191 in 1991.

      Annotations to former section 45-293:

      Appeal by executor from allowance of claim sufficiently states interest. 82 C. 501. Allegation that appellants are "beneficiaries interested in" estate held insufficient. 106 C. 588. Cited. 112 C. 458. Facts showing basis of appellant's pecuniary interest and its nature must be alleged; description of appellant as widower and heir not sufficient statement of interest as legatee under prior will. 132 C. 146. Unless appeal complies with conditions designated by statutes, Superior Court is without jurisdiction. 139 C. 374. Failure of appellant to state his interest in his motion for appeal does not render appeal void but merely voidable. Id., 733. Statute is satisfied if motion for appeal states the nature of the interest claimed. Id., 738. In an appeal from the admission of a will to probate, an allegation in the motion for appeal that the appellant is an heir at law is adequate to satisfy the requirement that the interest of the appellant, which has been adversely affected, be set forth. 142 C. 432. Interest of appellant in the subject matter of the decree appealed from is satisfied if the motion for appeal states the nature of the interest claimed. It is not essential that the motion for appeal allege facts which establish the final validity of the claim. 143 C. 433. Cited. 154 C. 247. In appeal from wife's account as conservatrix of her incompetent husband, plaintiff's mere allegation that he is aggrieved and that he is only child of incompetent does not fulfill statutory requirements of section 45-288 and this section. 156 C. 625. Cited. 165 C. 24; Id., 478, 482. Plaintiff administrator of an intestate's estate, supplanted after discovery of decedent's will, failed to state his interest in the estate. 167 C. 396. Statute does not require the interest involved to be solely in the estate itself and although person who bids upon the property of an estate offered for sale has no interest in the property itself, he does have an interest in the proceedings used by the court to approve the sale. 180 C. 511. Cited. 195 C. 123. Cited. 216 C. 514.

      Cited. 6 CA 521; Id., 530.

      Cited. 4 CS 208. Interest of appellant must be accurately stated in motion for appeal. 5 CS 169. Allegation that appellants "are heirs at law of deceased" was sufficient to fulfill statutory requirement where interest of appellants did not appear on the face of the proceedings and records of the court of probate. 10 CS 503. Cited. 13 CS 97. Allegation in appeal from order of probate court admitting decedent's will to probate that appellants are heirs at law of decedent is adequate to satisfy this statute. 27 CS 434.

      Annotation to present section:

      Cited. 30 CA 334.

      Sec. 45a-192. (Formerly Sec. 45-294). Order of notice. The Court of Probate, in allowing an appeal, shall make such order of notice to persons interested as it deems reasonable. When the notice has been given by the appellant and proved to the court to which the appeal is taken, the court may hear the appeal without further notice.

      (1949 Rev., S. 7076; P.A. 80-476, S. 98.)

      History: P.A. 80-476 changed language slightly, substituting "the" for "such" and "said" as necessary; Sec. 45-294 transferred to Sec. 45a-192 in 1991.

      Annotations to former section 45-294:

      Those made parties to appeal by order of notice have right to appear and defend. 24 C. 146. Appellate court has jurisdiction where no order of notice was issued and may itself order such notice. 40 C. 156. Notice of appeals from probate to be distinguished from ordinary civil process. 134 C. 601. Cited. 182 C. 322. Cited. 207 C. 547.

      Cited. 13 CA 45.

      The right of appeal from probate is statutory. Jurisdiction of the superior court is acquired by the appellant's compliance with the statutory requirements, not upon the compliance with the order of the probate court as to notice. 4 CS 208. Cited. 15 CS 309; 18 CS 482. The notice provided by this section is not essential to give appellate court jurisdiction. 20 CS 136. See note to Sec. 45-288. Failure to return such notice to probate court under oath does not defeat the jurisdiction of the superior court to hear the appeal. 21 CS 352. Cited. 28 CS 393.

      Annotation to present section:

      Cited. 27 CA 333.

      Sec. 45a-193. (Formerly Sec. 45-295). Appellee to give bond in Superior Court. (a) In any appeal from any order or decree of a court of probate, if the appellee is the party who applied for the order or decree and if the appellee appears in the Superior Court to contest the matter being appealed, the court may, at its discretion, order the appellee to give bond to the state for the payment to the appellant of his costs of suit if judgment is rendered for the appellant.

      (b) If the appellee neglects to comply with the order of the court, the court may make any disposition of the case favorable to the appellant that it deems proper.

      (1949 Rev., S. 7077; P.A. 80-227, S. 22, 24; 80-476, S. 99.)

      History: P.A. 80-227 specified that bond be given "to the state", effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-295 transferred to Sec. 45a-193 in 1991.

      Annotation to former section 45-295:

      Bond formerly was taken to judge. 9 C. 389. Now it is taken to state, Sec. 45-34.

      Secs. 45a-194 to 45a-198. Reserved for future use.