Probate Court Rules of Procedure

1 Probate Court Rules of Procedure CONTAINING. GENERAL PROVISIONS. Rules FOR ALL CASE TYPES. Rules FOR SPECIFIC CASE TYPES. Rules FOR HEARINGS. REFERENCES TO CONNECTICUT GENERAL STATUTES. Published by Probate Court ADMINISTRATOR. STATE OF CONNECTICUT. West Hartford 2017. 2017 Probate Court Administrator, State of Connecticut Explanatory Notes Probate Court Rules of Procedure first became effective on July 1, 2013. This 2017 edition contains the Rules as amended since then. Original effective dates and the dates of subsequent amendments are summarized at the end of each rule. Changes are also listed in the Table of Changes at the back of this volume. Annotations are contained in parentheses following certain sections of these Rules . The purpose of the annotations is to alert users to statutes, cases, Rules and other sources of law that are related to the subject matter of the section.

2 State of Connecticut Probate Court Rules of Procedure Table of Contents Preface .. xv Probate Court Rules Advisory Committee .. xvi GENERAL PROVISIONS. Rule 1 Definitions .. 1. Rule 2 Applicability of Rules .. 3. Rule 3 Clerks, Files and Records.. 4. Rules FOR ALL CASE TYPES. Rule 4 Parties .. 5. Rule 5 Self-representation; Representation by Attorney and Appearance .. 6. Rule 6 Probate Fees .. 9. Rule 7 Filing Requirements .. 10. Rule 8 Notice .. 12. Rule 9 Counting Time Periods .. 15. Rule 10 Continuances .. 16. Rule 11 Service of Process on Court as Agent .. 17. Rule 12 Court -appointed Attorney .. 18. Rule 13 Court -appointed Guardian Ad Litem .. 20. Rule 14 Referral to Probate Magistrate and Attorney Probate Referee.. 22. Rule 15 Disqualification of Judge.

3 24. Rule 16 Public Access to Hearings and Records .. 26. Rule 17 Confidentiality of Social Security Numbers.. 29. Rule 18 Transfer of Matter between Probate Courts .. 30. Rule 19 Pending Matter in Another Court .. 31. Rule 20 Court Approval of Fiduciary Action .. 32. Rule 21 Probate Mediation .. 33. Rules 22 29 Reserved for Future Use .. 34. Rules FOR SPECIFIC CASE TYPES. Rule 30 Decedents' Estates .. 35. Rule 31 Estate Tax Matters .. 43. Rule 32 Trusts .. 46. Rule 33 Conservators .. 49. v Rule 34 Guardians of Estates of Minors .. 55. Rule 35 Probate Bonds .. 58. Rule 36 Fiduciary Accounting: General Provisions .. 61. Rule 37 Fiduciary Accounting: Requirements for Financial Reports.. 64. Rule 38 Fiduciary Accounting: Requirements for Accounts .. 66. Rule 39 Fiduciary and Attorney's Fees.

4 70. Rule 40 Children's Matters: General Provisions.. 71. Rule 41 Children's Matters: Regional Children's Probate Courts .. 76. Rule 42 Children's Matters: Overlapping Jurisdiction in Superior and Probate Courts .. 77. Rule 43 Guardians of Adults with Intellectual Disability .. 79. Rule 44 Commitment for Treatment of Psychiatric Disability.. 80. Rule 45 Proceedings for Medication and Treatment of Psychiatric Disability .. 83. Rule 46 Commitment for Treatment of Drug and Alcohol Dependency .. 85. Rule 47 Change of Name .. 86. Rules 48 59 Reserved for Future Use .. 87. Rules FOR HEARINGS. Rule 60 Conferences before the Court .. 89. Rule 61 Discovery .. 90. Rule 62 Evidence .. 93. Rule 63 Witnesses .. 94. Rule 64 Exhibits .. 95. Rule 65 Audio and Stenographic Recording of Hearing.

5 96. Rule 66 Participation in Hearing by Electronic Means .. 98. Rule 67 Interpreters .. 99. Rule 68 Ex Parte Communication .. 100. Rule 69 Orders without Notice and Hearing .. 101. Rule 70 Alternative Remedies .. 102. Rule 71 Enforcement .. 103. Rule 72 News Media Coverage .. 105. References to Connecticut General Statutes .. 107. Table of Changes .. 113. Index.. 115. vi TABLE OF RULE AND SECTION HEADINGS. State of Connecticut Probate Court Rules of Procedure Table of Rule and Section Headings GENERAL PROVISIONS. Rule 1 Definitions Rule 3 Clerks, Files and Records Section Section Definitions Duties of clerk Rule 2 Applicability of Rules Uniform numbering system Decrees to be in writing Section Safekeeping of record Title Lost document Applicability Electronic signature by judge or clerk Purpose Rules FOR ALL CASE TYPES.

6 Rule 4 Parties Payment of Probate fees and expenses required before final decree Section Copy of decree with Court seal Parties Fiduciary as party Rule 7 Filing Requirements Rule 5 Self-representation; Representa- Section tion by Attorney and Appearance General filing requirements Commencing a proceeding Section Forms Representation before Court Signature required Out-of-state attorney appearing pro hac Account Numbers vice Legal intern Rule 8 Notice When appearance required to be filed Section Form of appearance Notice of hearing and decree Effect of appearance on ability to chal- To whom notice is given lenge jurisdiction Change of address while matter is Withdrawal of appearance pending Change of law firm name or contact Contents of notice of hearing information How notice of hearing given Rule 6 Probate Fees Streamline notice Procedure Waiver of notice of hearing Section Address unknown.

7 Notice of hearing Filing fee returned undelivered Waiver of Probate fees and expenses Notice of hearing for member of mili- Withdrawal of petition tary service vii TABLE OF RULE AND SECTION HEADINGS. Notice of decree Amendment to report Rule 9 Counting Time Periods Objection to report or amendment Hearing on report Section Issuance of decree on report Counting time periods Continuance or deferral of Court action Extension of time period pending decision on report Rule 10 Continuances Rule 15 Disqualification of Judge Section Section Continuation of hearing Assessment of expenses if hearing Applicability continued When disqualification of judge is required Rule 11 Service of Process on Court as Motion for disqualification of judge Agent Hearing and decision on motion for Section disqualification Service of process on Court as agent Lawsuit or complaint against judge Rule 12 Court -appointed Attorney Disclosure and waiver of disqualifica- tion

8 Section Judge to act for disqualified judge When attorney appointed Appointment from panel of attorneys Rule 16 Public Access to Hearings and maintained by Probate Court adminis- Records trator Section Appointment from panel of attorneys maintained by Court Public access to hearings and records Court -appointed attorney: Rules of Statutorily confidential matters in gen- Professional Conduct eral Duration of appointment Redaction of name or address of party Withdrawal from Court appointment in statutorily confidential matter Confidentiality of judge's notes Rule 13 Court -appointed Guardian Ad Confidentiality of social security num- Litem bers Section Motion to close hearing or seal record Mandatory appointment of guardian in nonconfidential matter ad litem Hearing on motion to close hearing or Discretionary appointment of guardian seal record in nonconfidential matter ad litem Order to close hearing or seal record Scope of appointment in nonconfidential matter Termination of appointment Public access to motion.

9 Hearing and Who may serve as guardian ad litem order to close hearing or seal record Duties of guardian ad litem in nonconfidential matter Instruction and advice from Court Vacating order to close hearing or Guardian ad litem may appeal from seal record Court order Power to maintain order during hear- Rule 14 Referral to Probate Magistrate and ings Attorney Probate Referee Confidentiality of mediation sessions Section and records Referral to Probate magistrate and Rule 17 Confidentiality of Social Security attorney Probate referee Numbers Hearing before Probate magistrate or attorney Probate referee Section Report of Probate magistrate or attor- Omission or redaction of social secu- ney Probate referee rity number viii TABLE OF RULE AND SECTION HEADINGS.

10 When social security number required Rule 20 Court Approval of Fiduciary When social security number not Action required Section Original documents Petition for approval or instruction Disclosure to state and federal agen- Petition to compel or prohibit action by cies fiduciary Applicability of other law Rule 18 Transfer of Matter between Pro- Rule 21 Probate Mediation bate Courts Section Section Referral to mediation Transfer of guardianship matter Notice; time and location of mediation session Transfer of conservatorship matter Conduct of mediation session Transfer of initial petition Termination and withdrawal Rule 19 Pending Matter in Another Court Mediator to inform Court whether settlement achieved Section Ex parte communications Duty to notify Court of pending matter Confidentiality in another Court Private mediation Rules FOR SPECIFIC CASE TYPES.