A Brief History and Overview:

In the earliest days of the Connecticut colony, two courts handled probate matters - particular courts (the original trial courts) or the general court (the General Assembly, which performed nearly all government functions at the time.) In 1666, the colony was divided into the counties of Hartford, Fairfield, New Haven and New London. Four county courts were created to take the place of particular courts, and jurisdiction over the probate of wills and the settlement and distribution of estates of deceased persons was transferred to these courts.
      The county courts were reorganized in 1698; in each county, "a distinct forum was established consisting of the judge of the county court and two justices of the quorum, for the probate of wills, the granting of administration, and the appointing of and allowing of guardians with full power to act in all matters for a prerogative court." The county courts retained jurisdiction over "the superintendence of persons and estates of idiots and lunatics." (1Conn, Preface, Hartford. George Goodwin & Sons, 1817; reprinted State of Connecticut, 1963,p.xv.)
      The first probate districts smaller than a county were created in 1719; the districts of Guilford, Windham and Woodbury were established in October of that year. Gradually, more and more districts were carved out of the larger districts:

• 1800 - 28 districts
• 1850 - 91 districts
• 1900 - 112 districts
• 1950 - 120 districts
• 1993 - 133 districts

Since 1850, probate judges have been elected by the voters of the towns comprising the respective probate districts. Judges do not have to be attorneys, but each judge must be an elector of one of the towns within the probate district. Judges serve four year terms. Mandatory retirement age is 70.

The costs involved in probate court depend upon what type of probate matter you are settling. Charges made by the Probate Court are strictly regulated by statute. In all matters other than decedent estates and fiduciary accounts there is an application fee for each petition. The petition/application fee is $150.00 per application. There may be other small costs associated with individual petitions and applications. This will depend upon your individual case. But generally speaking the petition fee is the main charge. For decedent estates the charges are based upon a statutory schedule. The basis for computation of costs of a decedent estate is as follows:

NOTE 1) In estates where the gross taxable estate is less than $600,000, in which no succession tax return is required to be filled, a probate fee of .1% shall be charged against nonsolely owned real estate, in addition to any other fees computed under C.G.S. §45a-108.

NOTE 2) If the basis for costs is less than $10,000 and a full estate is opened, the minimum cost is $150.00.

There are other fees and costs when applicable. Some include: Please check the statute or the court for other applicable charges.

Additional hearings on any matter $25

Total time for any hearing exceeds 1 hour $25 per hour after first hour (not to exceed $300)

Extra certificates after first @$5.00 $1.00 after first 5 certificates

Copies $5.00 for first 5 pages $1.00 each additional page

The Probate Court is a statutory court and as such, has only the jurisdiction and authority granted by the state legislature within the state statutes. The Probate Court is considered an "informal" court which means that the judge does not usually wear a black robe nor does the judge sit at a court bench, such as the Superior, Appellate or Supreme Courts. Formal rules of evidence are not usually followed for most probate court hearings. Typically a probate hearing is held in a conference room. The people attending the hearing usually either sit around a conference table or in seats within the hearing room. How a probate court hearing is held is solely dependent upon how the particular judge wishes to design the hearing process. There are many factors the judge considers when trying to determine where and how a probate hearing will be held. Many times it will depend upon what type of matter it is and whether the hearing is concerning a contested issue. Each court is as unique as the community it is in. Each court and judge are individual and have unique qualities. Although each court, judge and town are unique the probate courts must follow uniform rules and procedures.
      The Office of the Probate Court Administrator is responsible for the efficient operation of the courts of probate and for the expeditious dispatch and proper conduct of the business of the courts. The Probate Court Administrator publishes rules and procedures for the probate courts. These rules are published in the Connecticut Probate Practice Book. The administrator must also oversee the financial procedures of the courts and promulgates regulations and insures compliance.
      Probate Courts deal with a variety of matters such as; administration of decedent's estate, appointment of conservators and guardians for incapable and minor persons, adoption, termination of parental rights, removal of parent(s) as guardians, commitment of mentally ill adults and children, appointment of trustee to fill vacancy, oversee trust accountings, appointment of trustee for missing person's property, perform marriages, issue passports, change of name and many other areas of jurisdiction. The jurisdiction of the probate courts can be found in the Connecticut General Statutes.

Questions & Answers

You may e-mail your questions to the clerk and judge for a prompt reply. We can not give you legal advice but we certainly will be glad to assist in any way we can!

Each case is individual. Any scenarios presented here may require different solutions depending upon the case. These questions and answers are for example purposes only. You may need to seek the advice of an attorney or certified public accountant depending upon your individual circumstance. Each court handles these cases individually. If you had a similar case in another court with different results please consider the individual circumstances.

My mother died a resident of Essex. She had a bank account which contained $500 Five Hundred Dollars, a 1987 Buick Regal, some miscellaneous personal property in her home. She lived in a rental and did not own any real estate. How can I access her assets and pay her bills?

If your mother is a legal resident of Essex you will visit the Essex Probate Court. In Connecticut, if a person dies owning no solely owned real estate and their assets are less than $20,000 Twenty Thousand Dollars you may be able to utilize the informal small estates procedures in probate court. Generally speaking, the small estates procedure may only be used when no will has been presented to probate and no formal application for probate is filed with the court within 30 days. This means that the court may require a waiting period of 30 days to be sure of no such occurrence. However, the court may waive this waiting period where delay would cause a hardship. If your mother does not have a living legal spouse the next of kin would be the appropriate petitioner. You as a surviving child may be the petitioner. If you have other siblings it is wise to discuss this matter with them prior to coming to the court. In this case, you will be filing an Affidavit In Lieu of Administration which lists all the solely owned assets as well as all the bills of your mother. The bills include funeral, last sickness and other debts your mother may have owed. If your mother was not ever a recipient of state aid the court can distribute the assets listed on the affidavit to the person's legally entitled after the payment of all the bills. Usually the bills exceed the assets. In that case the court will issue an order that the assets be used to pay the bills in accordance with the state statute on the order of payment of debts of a decedent. If the bills do not exceed the amount of the value of the assets the court will order distribution of the excess in accordance with the statute and the type of documents filed with the court. There are other documents that may need to be filed with the court. When you visit the court all of this can be discussed.

What do I bring to the probate court on my first visit to discuss a decedent estate?

It is helpful if you can bring the following information; death certificate, Last Will and Testament, if any, complete asset and bill descriptions (not necessary but may be helpful), list of names and addresses of all heirs at law, beneficiaries or other interested persons. A family tree may be very helpful if you have one. The first visit to the probate court is usually for the purpose of gathering information. Bring any information you feel that may helpful but don't worry if you do not have everything on the first visit.