Senate Bill No. 1276
Senate Bill No. 1276
PUBLIC ACT NO. 97-93
AN ACT CONCERNING AN INCREASE IN ENTRY FEES FOR
NONDECEDENTS' ESTATES IN PROBATE COURTS AND COSTS
FOR SETTLING DECEDENTS' ESTATES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 45a-106 of the general
statutes is repealed and the following is
substituted in lieu thereof:
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 sections
46b-26, 46b-27 and 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.
Sec. 2. Section 45a-107 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(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, OR THE GROSS ESTATE FOR
ESTATE TAX PURPOSES, AS PROVIDED IN CHAPTERS 217
AND 218, WHICHEVER IS GREATER, PLUS (B) ALL
DAMAGES RECOVERED FOR INJURIES RESULTING IN DEATH
MINUS ANY HOSPITAL AND MEDICAL EXPENSES FOR
TREATMENT OF SUCH INJURIES RESULTING IN DEATH
MINUS ANY HOSPITAL AND MEDICAL EXPENSES FOR
TREATMENT OF SUCH INJURIES THAT ARE NOT
REIMBURSABLE BY MEDICAL INSURANCE AND MINUS THE
ATTORNEY'S FEES AND OTHER COSTS AND EXPENSES OF
RECOVERING SUCH DAMAGES. ANY PORTION OF THE BASIS
FOR COSTS THAT IS DETERMINED BY PROPERTY PASSING
TO THE SURVIVING SPOUSE SHALL BE REDUCED BY FIFTY
PER CENT. EXCEPT AS PROVIDED IN SUBDIVISION (3) OF
THIS SUBSECTION, IN NO CASE SHALL THE MINIMUM COST
BE LESS THAN TWENTY-FIVE DOLLARS.
(2) EXCEPT AS PROVIDED IN SUBDIVISIONS (3) AND
(4) OF THIS SUBSECTION, COSTS SHALL BE ASSESSED IN
ACCORDANCE WITH THE FOLLOWING TABLE:
BASIS FOR COMPUTATION TOTAL COSTS
OF COSTS
0 TO $500 $25
$501 TO $1,000 $50
$1,000 to $10,000 $50, PLUS 1% OF ALL
IN EXCESS OF $1,000
$10,000 TO $500,000 $150, PLUS .35% OF
ALL IN EXCESS OF
$10,000
$500,000 TO $4,754,000 $1,865 PLUS .25% OF
ALL IN EXCESS OF
$500,000
$4,754,000 AND OVER $12,500
(3) NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISION (1) OF THIS SUBSECTION, IF THE BASIS
FOR COSTS IS LESS THAN TEN THOUSAND DOLLARS AND A
FULL ESTATE IS OPENED, THE MINIMUM COST SHALL BE
ONE HUNDRED FIFTY DOLLARS.
(4) IN ESTATES WHERE THE GROSS TAXABLE ESTATE
IS LESS THAN SIX HUNDRED THOUSAND DOLLARS, IN
WHICH NO SUCCESSION TAX RETURN IS REQUIRED TO BE
FILED, A PROBATE FEE OF .1 PER CENT SHALL BE
CHARGED AGAINST NONSOLELY OWNED REAL ESTATE, IN
ADDITION TO ANY OTHER FEES COMPUTED UNDER THIS
SECTION.
[(b)] (c) For estates in which proceedings
were commenced on or after July 1, 1993, AND PRIOR
TO APRIL 1, 1998, costs shall be computed as
follows:
(1) The basis for costs shall be: (A) The
gross estate for succession tax purposes, as
provided in section 12-349, or the inventory,
including all supplements thereto, whichever is
greater, plus (B) all damages recovered for
injuries resulting in death minus any hospital and
medical expenses for treatment of such injuries
that are not reimbursable by medical insurance and
minus the attorney's fees and other costs and
expenses of recovering such damages. Any portion
of the basis for costs that is determined by
property passing to the surviving spouse shall be
reduced by fifty per cent. Except as provided in
subdivision (3) of this subsection, in no case
shall the minimum cost be less than ten dollars.
(2) Except as provided in subdivision (3) of
this subsection, costs shall be assessed in
accordance with the following table:
Basis for Computation Total Cost
of Costs
0 to $1,000 $10.00
$1,000 to $10,000 $10, plus 1% of all
in excess of $1,000
$10,000 to $500,000 $100, plus .30% of all
in excess of $10,000
$500,000 to $4,715,000 $1,570, plus .20% of all
in excess of $500,000
$4,715,000 and over $10,000
(3) If the basis for costs is less than ten
thousand dollars and a full estate is opened, the
minimum cost shall be one hundred dollars.
[(c)] (d) For estates in which proceedings
were commenced on or after July 1, 1983, and prior
to July 1, 1993, costs shall be computed as
follows:
(1) The basis for costs shall be: (A) The
gross estate for succession tax purposes, as
provided in section 12-349, minus one-third of the
first fifty thousand dollars of any part of the
gross estate for succession tax purposes that
passes other than by will or under the laws of
intestacy, plus (B) all damages recovered for
injuries resulting in death minus any hospital and
medical expenses for treatment of such injuries
that are not reimbursable by medical insurance and
minus the attorney's fees and other costs and
expenses of recovering such damages.
(2) Costs shall be assessed in accordance with
the following table:
Basis for Computation Total Cost
of Costs
0 to $1,000 $10.00
$1,000 to $10,000 $10, plus 1% of all
in excess of $1,000
$10,000 to $100,000 $100, plus .30% of all
in excess of $10,000
$100,000 to $200,000 $370, plus .25% of all
in excess of $100,000
$200,000 to $500,000 $620, plus .2% of all
in excess of $200,000
$500,000 to $1,000,000 $1,220, plus .15% of all
in excess of $500,000
$1,000,000 to $5,000,000 $1,970, plus .125% of all
in excess of $1,000,000
$5,000,000 and over $6,970, plus .1% of all
in excess of $5,000,000
[(d)] (e) For estates in which proceedings
were commenced prior to July 1, 1983, costs shall
be computed as follows:
With respect to any
estate in which any
proceedings were
commenced or succession
tax documents filed: Costs computed under:
Prior to January 1, 1968 Section 45-17 of the
1961 supplement to
the general statutes
Prior to July 1, 1969, but Section 45-17a of the
on or after January 1, 1968 1967 supplement to
the general statutes
Prior to July 1, 1978, but Section 45-17a of the
on or after July 1, 1969 1969 supplement to
the general statutes
Prior to July 1, 1983, but Section 45-17a of the
on or after July 1, 1978 general statutes,
revised to
January 1, 1983
[(e)] (f) If more than one hearing is held in
any matter under this section, an additional
charge of twenty-five dollars shall be payable to
the court by the estate, or, in the discretion of
the court, by any interested party against whom
the court shall assess such additional charge.
[(f)] (g) If the total time of any one hearing
in the matter exceeds one hour, an additional
charge of twenty-five dollars per hour for each
hour in excess of the first hour shall be payable
to the court by the estate, or at the discretion
of the court by any interested party against whom
the court shall assess the additional charge,
provided the additional charge shall not exceed
three hundred dollars.
[(g)] (h) A charge of fifty dollars shall be
payable to the court by any creditor applying to
the Court of Probate pursuant to section 45a-364
or 45a-401 for consideration of a claim. If such
claim is allowed by the court, the court may order
the fiduciary to reimburse the charge from the
estate.
[(h)] (i) A charge of fifty dollars for an
appeal shall be payable to the court by the
appellant.
[(i)] (j) A charge of fifty dollars plus the
actual costs of rescheduling the adjourned hearing
shall be payable to the court by any party who
requests an adjournment of a scheduled hearing or
whose failure to appear necessitates an
adjournment, provided the court may waive the
charge and costs for cause shown.
[(j)] (k) In no event shall any fee exceed ten
thousand dollars FOR ANY ESTATE IN WHICH
PROCEEDINGS WERE COMMENCED PRIOR TO APRIL 1, 1998,
AND TWELVE THOUSAND FIVE HUNDRED DOLLARS FOR ANY
ESTATE IN WHICH PROCEEDINGS WERE COMMENCED ON OR
AFTER APRIL 1, 1998.
Sec. 3. This act shall take effect October 1,
1997, except that section 1 shall take effect
January 1, 1998.
Approved June 6, 1997