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Connecticut Probate Court: New Developments and Restructuring

Discover the significant changes in the CT Probate Court system, including consolidations and fee adjustments, as of January 1, 2016. Find details on filing fees, estate fees, procedures, and new IT initiatives aimed at improving efficiency. Stay updated with the latest probate rules and regulations.

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Connecticut Probate Court: New Developments and Restructuring

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  1. New Developments in Probate Connecticut Funeral Directors Thursday, December 3, 2015 Paul J. Knierim Probate Court Administrator

  2. Probate Court Restructuring • January 1stwill be 5th year anniversary • 117 courts consolidated into 54 • Finances centralized • Benefits: • All courts full-time • Better facilities • Uniform procedures • System-wide compensation and benefits plan • Annual savings of $4 million

  3. Budget for Fiscal Years 2015-16 and 2016-17 • Eliminates general fund appropriation for Probate Courts • Increases probate fees to replace budget funds • Filing fees • Accounting fees • Decedents’ estate fees

  4. Filing Fees (Other than Decedents’ Estates) • Most matters: Increase from $150 to $225 • Custody of remains increases from $25 to $150 Effective January 1, 2016

  5. Filing Fees for Accounts • Fee is greater of: • 0.05% of value of assets X number of years • 0.05% of receipts • Minimum fee: $50 • Maximum fee: $500/year Effective January 1, 2016

  6. Fees on Decedents’ Estates • Rate increases to 0.5% on estates with basis for fees over $2 million • No cap (previously $12,500) • New filing fees: • Open a safe deposit box: $50 • Appoint estate examiner: $50 • Mediation under regulation 22: $350/day Effective for decedents dying on or after January 1, 2015

  7. Interest on Decedents’ Estate Fees • All estates must file estate tax return • $2 million or less: No tax, submit return to Probate Court • Over $2 million: Taxable, submit return to DRS and copy to Probate Court • Court uses figures on estate tax return to calculate probate fee invoice • 6% interest applies if return is not filed in 6 months • Exemptions: • Estates $40,000 or less • Estates passing to spouse $500,000 or less

  8. Probate Fee Lien • New lien for probate fees • Additional to estate tax lien • Applies to all real estate, including jointly-owned property • Applies to percentage fees and interest

  9. Probate Court Rules of Procedure • Comprehensive rewrite published in 2013 • Goals: • Uniformity • User ease • Streamline non-contested cases • Resolve contested cases quickly and efficiently • Rules are available on ctprobate.gov or may be purchased in paperback • Biennial update

  10. P.A. 13-81: Estate Examiner • Expands permissible roles of estate examiner • Court can appoint estate examiner to: • Investigate decedent’s assets • Determine whether a full or small estate is needed • Obtain information about possible wrongful death or other claims • Identify non-probate assets such as life insurance • No fiduciary powers • Information gathering only

  11. P.A. 13-212: Access to Safe Deposit Box • Prior law: Permitted only to locate will • Expanded authority: Probate Court can grant access to specified jointly-owned assets: • Stocks and bonds • Annuities • Certificates of Deposit • Bank officer must inventory contents of box and report to court on items removed from box

  12. P.A. 14-204: Custody of Remains • Permits attorney in fact or conservator to execute document directing disposition of remains or designating a person to have custody of remains • Conservators: • Need explicit authority from Probate Court • May not revoke prior document without court order • Document terminates if conserved person is restored • If no designation of person to have custody and a class of individuals is entitled to custody: Majority rule

  13. P.A. 15-217: Affidavit in Lieu of Administration • Small estate procedure applies when: • Probate assets do not exceed $40,000 • Decedent had no solely-owned real estate • Statute rewritten for clarity • 30-day waiting period for DAS • All claims must be listed • May be used even if estate is insolvent

  14. Probate Court IT Initiatives • Website with fillable forms and user guides (current) • Document management system (2016) • Online billing for attorneys and conservators (2017) • Optional e-filing (2018-19)

  15. Document Management System • Re-engineered process for how clerks handle files • Filings digitized immediately on receipt • QR code on forms tells the system: • Type of filing • Expedited action required • Confidential or sealed • Ex Parte communication • Record for permanent record • Filing rejected

  16. Document Management System • Users can scan QR code for website link • Improved search capability • Documents filed with the case • Search all courts from one location • Simpler forms with better instructions

  17. E-Filing • Users will have option of electronic filing • “Interview” format to assist users in preparing forms • Labor saving for users and court staff • Parties have online access to court files

  18. Questions and Comments For more information, please contact: Office of the Probate Court Administrator 186 Newington Road West Hartford, CT 06110 (860) 231-2442 website: ctprobate.gov

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