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statutes  is  repealed   and   the   following  is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