You asked (1) when the probate courts became responsible for the costs of their indigent clients, (2) how this change occurred, (3) what entity paid those costs before the change, and (4) is there any statute or regulation for the probate courts to be self-funding.

The legislature passed laws in 1989 and 1990 that made probate courts, through the Probate Court Administration Fund, instead of appropriations from the General Fund, the source of funding for counsel fees, filing fees, and other costs associated with indigents who appear in probate court. Before these laws were enacted, indigent costs in probate court were paid for primarily from General Fund appropriations to the Judicial Branch. The law requires probate courts to waive the fees and costs of indigent persons who appear in probate court (CGS § 45-111).

The legislature appears to have made this change to deal with significant budget problems the state was facing. These laws require that indigent costs be paid from the Probate Court Administration Fund, which is funded by assessments made on each probate court. The individual probate courts generate their funds by the fees they charge people who use them.

In 1996 the legislature amended the law to make the Judicial Department responsible for indigent costs, but only if, and only to the extent the legislature appropriated money from the General Fund to the Judicial Branch for this purpose.

The law requires that the probate courts, including salaries, supplies, health insurance, and indigent expenses be funded by fees it collects for the various services it provides (CGS §§ 45a-74 to 45a-84). If there is insufficient money in the Probate Court Administration Fund to pay for the operation of the probate courts, funds must be transferred from the General Fund. This money must be paid back to the General Fund when the Probate Court Administration Fund shows a surplus. Thus far, no money has been transferred to the Probate Court Administration Fund under this provision (CGS § 45a-83).

Since FY89/90 funding for indigent costs in probate courts has come from the Probate Court Administration Fund except for four consecutive fiscal years beginning in FY98/99 and in FY 05/06 in which a portion of the costs came from the judicial department' s budget. Table 3 below shows the amount of indigent funds paid from the Judicial Branch (General Fund) and the Probate Court Administration Fund from FY 78/79 through FY 06/07. This information was compiled by Vinnie Russo, Legislative Liaison for the Office of the Probate Court Administrator.

Following in Table 1 is a summary of the legislative changes made in 1989 by PA 89-326 involving a shift from the General Fund to the Probate Court Administration Fund as the source of funds for indigent costs in the probate courts.

Following in Table 2 is a summary of the legislative changes made in 1990 by PA 90-31 involving a shift from the General Fund to the Probate Court Administration Fund of the responsibility of paying the fees and costs for indigent people.

In 1996, the legislature amended the law to make the Judicial Department responsible for indigent costs, only if, and only to the extent, the legislature appropriated money from the General Fund to the Judicial Branch for this purpose.

Table 3 shows the amount of indigent funds paid from the General Fund and the Probate Court Administration Fund from FY 78/79 through FY 06/07. This information was compiled by Vinnie Russo, Legislative Liaison for the Office of the Probate Court Administrator.

Table 3: SOURCE OF EXPENDITURES FOR INDIGENT EXPENSES IN PROBATE COURT 1978 TO 2007

GC:ts