OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www. cga. ct. gov/ofa

SB-1454

AN ACT CONCERNING THE REQUIREMENTS FOR FILING AN AFFIDAVIT IN LIEU OF ADMINISTRATION IN THE PROBATE OF A SMALL ESTATE.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 08 $

FY 09 $

Probate Court

PCAF - None

None

None

Various State Agencies

Various - See Below

See Below

See Below

Note: PCAF=Probate Court Administration Fund

Municipal Impact: None

Explanation

Under current law individuals can file an affidavit with the probate court instead of filing an application for admission of a will, or letters of administration. An individual is eligible to file an affidavit if: (1) the decedent leaves certain types of property or, (2) if the aggregate value of the property does not exceed $20,000. The bill increases the aggregate value of the property to $40,000. The fee charged to a decedent's estate is based on the gross taxable estate, whether it is an affidavit or an application for admission. There is a minimum fee of $150 to file an application for admission of a will, or letters of administration. When filing an affidavit in lieu of administration the probate fee is calculated using the statutory fee schedule. Any estate with a total aggregate value over $10,000 is charged a probate fee of at least $150. Therefore, the change contained in the bill to increase the aggregate value of property to $40,000 will have no fiscal impact on the fees collected by the probate court.

 The expediting of additional probate proceedings may result in procedural efficiencies for state agencies that attempt to claim payment from decedents who have received state care. This provision is not anticipated to impact state agency resources.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.