§ 45a-106a — Fees in matters other than decedent's estate and fiduciary accountings.

Connecticut § 45a-106a

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 801b: Probate Court Procedures

Text

(a) The fees set forth in this section apply to each filing made in a Probate Court in any matter other than a decedent's estate. (b) The fee to file each of the following motions, petitions or applications in a Probate Court is two hundred fifty dollars: (1) With respect to a minor child: (A) Appoint a temporary guardian, temporary custodian, guardian, coguardian, permanent guardian or statutory parent, (B) remove a guardian, including the appointment of another guardian, (C) reinstate a parent as guardian, (D) terminate parental rights, including the appointment of a guardian or statutory parent, (E) grant visitation, (F) make findings regarding special immigrant juvenile status, (G) approve placement of a child for adoption outside this state, (H) approve an adoption, (I) validate a foreign adoption, (J) review, modify or enforce a cooperative postadoption agreement, (K) review an order concerning contact between an adopted child and his or her siblings, (L) resolve a dispute concerning a standby guardian, (M) approve a plan for voluntary services provided by the Department of Children and Families, (N) determine whether the termination of voluntary services provided by the Department of Children and Families is in accordance with applicable regulations, (O) conduct an in-court review to modify an order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer funds to a custodian under sections 45a-557 to 45a-560b , inclusive, (S) appoint a successor custodian under section 45a-559c , (T) resolve a dispute concerning custodianship under sections 45a-557 to 45a-560b , inclusive, and (U) grant authority to purchase real estate; (2) Determine parentage; (3) Validate a genetic surrogacy agreement; (4) Determine the age and date of birth of an adopted person born outside the United States; (5) With respect to adoption records: (A) Appoint a guardian ad litem for a biological relative who cannot be located or appears to be incompetent, (B) appeal the refusal of an agency to release information, (C) release medical information when required for treatment, and (D) grant access to an original birth certificate; (6) Approve an adult adoption; (7) With respect to a conservatorship: (A) Appoint a temporary conservator, conservator or special limited conservator, (B) change residence, terminate a tenancy or lease, sell or dispose household furnishings, or place in a long-term care facility, (C) determine competency to vote, (D) approve a support allowance for a spouse, (E) grant authority to elect the spousal share, (F) grant authority to purchase real estate, (G) give instructions regarding administration of a joint asset or liability, (H) distribute gifts, (I) grant authority to consent to involuntary medication, (J) determine whether informed consent has been given for voluntary admission to a hospital for psychiatric disabilities, (K) determine life-sustaining medical treatment, (L) transfer to or from another state, (M) modify the conservatorship in connection with a periodic review, (N) excuse accounts under rules of procedure approved by the Supreme Court under section 45a-78 , (O) terminate the conservatorship, and (P) grant a writ of habeas corpus; (8) With respect to a power of attorney: (A) Compel an account by an agent, (B) review the conduct of an agent, (C) construe the power of attorney, and (D) mandate acceptance of the power of attorney; (9) Resolve a dispute concerning advance directives or life-sustaining medical treatment when the individual does not have a conservator or guardian; (10) With respect to an elderly person, as defined in section 17b-450 , or an eligible adult, as defined in section 36b-14 : (A) Enjoin an individual from interfering with the provision of protective services to such elderly person, (B) authorize the Commissioner of Social Services to enter the premises of such elderly person to determine whether such elderly person needs protective services, and (C) release a financial hold or a hold by a broker-dealer or investment advisor pursuant to section 45a-664 ; (11) With respect to an adult with intellectual disability: (A) Appoint a temporary limited guardian, guardian or standby guardian, (B) grant visitation, (C) determine competency to vote, (D) modify the guardianship in connection with a periodic review, (E) determine life-sustaining medical treatment, (F) approve an involuntary placement, (G) review an involuntary placement, (H) authorize a guardian to manage the finances of such adult, and (I) grant a writ of habeas corpus; (12) With respect to psychiatric disability: (A) Commit an individual for treatment, (B) issue a warrant for examination of an individual at a general hospital, (C) determine whether there is probable cause to continue an involuntary confinement, (D) review an involuntary confinement for possible release, (E) authorize shock therapy, (F) authorize medication for treatment of psychiatric disability, (G) review the status of an individual under the age of sixteen as a voluntary patient, and (H) recommit an individual under the age of sixteen for further treatment; (13) With respect to drug or alcohol dependency: (A) Commit an individual for treatment, (B) recommit an individual for further treatment, and (C) terminate an involuntary confinement; (14) With respect to tuberculosis: (A) Commit an individual for treatment, (B) issue a warrant to enforce an examination order, and (C) terminate an involuntary confinement; (15) Compel an account by the trustee of an inter vivos trust, custodian under sections 45a-557 to 45a-560b , inclusive, or treasurer of an ecclesiastical society or cemetery association; (16) With respect to a testamentary or inter vivos trust: (A) Construe, validate, divide, combine, reform, modify or terminate the trust, (B) enforce the provisions of a pet trust, (C) excuse a final account under rules of procedure approved by the Supreme Court under section 45a-78 , and (D) assume jurisdiction of an out-of-state trust; (17) Authorize a fiduciary to establish a trust; (18) Appoint a trustee for a missing person; (19) Issue an order to amend the birth certificate of an individual born in another state to reflect a gender change; (20) Require the Department of Public Health to issue a delayed birth certificate; (21) Compel the board of a cemetery association to disclose the minutes of the annual meeting; (22) Issue an order to protect a grave marker; (23) Restore rights to purchase, possess and transport firearms; (24) Issue an order permitting sterilization of an individual; (25) Approve the transfer of structured settlement payment rights; (26) With respect to any case in a Probate Court other than a decedent's estate: (A) Compel or approve an action by the fiduciary, (B) give instruction to the fiduciary, (C) authorize a fiduciary to compromise a claim, (D) list, sell or mortgage real property, (E) determine title to property, (F) resolve a dispute between cofiduciaries or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K) reconsider, modify or revoke an order, and (L) decide an action on a probate bond; and (27) Permit an attorney who has not been admitted as an attorney under the provisions of section 51-80 to appear pro hac vice in a matter in the Probate Court. (c) The fee to file a petition for custody of the remains of a deceased person in a Probate Court is one hundred fifty dollars, except that the court shall waive the fee if the state is obligated to pay funeral and burial expenses under section 17b-84 or 17b-131 . (d) The fee for a fiduciary to request the release of funds from a restricted account in a Probate Court is one hundred fifty dollars, except that the court shall waive the fee if the court approves the request without notice and hearing in accordance with the rules of procedure adopted by the Supreme Court under section 45a-78 . (e) The fee to register a conservator of the person or conservator of the estate order from another state under section 45a-667r or 45a-667s , or to register both types of orders for the same person at the same time, is one hundred fifty dollars. (f) The fee for mediation conducted by a member of the panel established by the Probate Court Administrator is three hundred fifty dollars per day or part thereof. (g) The fee to request a continuance in a Probate Court is fifty dollars, plus the actual expenses of rescheduling the hearing that are payable under section 45a-109 , except that the court, for cause shown, may waive either the fifty-dollar fee or the actual expenses of rescheduling the hearing, or both. The fee shall be payable by the party who requests the continuance of a scheduled hearing or whose failure to appear necessitates the continuance. (h) The fee to file a petition to exercise the decanting power under section 45a-545i is three hundred dollars. (i) The fee to file an affidavit concerning the possessions and personal effects of a deceased occupant under section 47a-11d is one hundred fifty dollars. (j) The fee for the issuance of a foreign subpoena pursuant to section 52-657 is one hundred dollars. (k) Except as provided in subsection (d) of section 45a-111 , fees imposed under this section shall be paid at the time of filing. (l) If a statute or rule of procedure approved by the Supreme Court under section 45a-78 specifies filings that may be combined into a single motion, petition or application, the fee under this section for the combined filing is the amount equal to the largest of the individual filing fees applicable to the underlying motions, petitions or applications. (m) No fee shall be charged under this section if exempted or waived under section 45a-111 or any other provision of the general statutes.

Legislative History

(June Sp. Sess. P.A. 15-5, S. 449; P.A. 16-7, S. 4; P.A. 17-136, S. 9; P.A. 18-45, S. 2; P.A. 19-47, S. 4; P.A. 21-15, S. 99; 21-100, S. 1, 2; P.A. 22-26, S. 52; P.A. 23-161, S. 4; 23-204, S. 308; P.A. 24-104, S. 32.) History: June Sp. Sess. P.A. 15-5 effective January 1, 2016; P.A. 16-7 amended Subsec. (b)(1), (6), (8) and (9) by adding references to motions, petitions and applications subject to $225 filing fee, amended Subsec. (b)(14) by adding and deleting references to motions, petitions or applications relating to testamentary or inter vivos trust that are subject to $225 filing fee, and made conforming changes; P.A. 17-136 amended Subsec. (a) by replacing “January 1, 2016” with “January 1, 2018”, amended Subsec. (b) by adding new Subdiv. (7) re power of attorney, redesignating existing Subdivs. (7) to (23) as Subdivs. (8) to (24), amending redesignated Subdiv. (10) by adding new Subpara. (H) re authorizing guardian to manage finances of adult and redesignating existing Subpara. (H) re granting writ of habeas corpus as Subpara. (I), amending redesignated Subdiv. (14) by deleting “attorney-in-fact,”, adding Subdiv. (25) re approving transfer of structured settlement payment rights, redesignating existing Subdiv. (24) as Subdiv. (26) and making technical changes, added new Subsec. (e) re fee to register conservator of person or conservator of estate order from another state, redesignated existing Subsecs. (e) to (j) as Subsecs. (f) to (k), effective January 1, 2018; P.A. 18-45 deleted “on or after January 1, 2018,” in Subsec. (a), added new Subsec. (i) re $150 fee for filing affidavit concerning possessions and personal effects of deceased occupant, and redesignated existing Subsecs. (i) to (k) as Subsecs. (j) to (l), effective January 1, 2019; P.A. 19-47 amended Subsec. (b) by increasing filing fees from $225 to $250 and making a technical change in Subdiv. (9), effective July 1, 2019; P.A. 21-15 amended Subsec. (b) by replacing “paternity” with “parentage” in Subdiv. (2), adding new Subdiv. (3) re validating genetic surrogacy agreement and redesignating Subdivs. (3) to (26) as Subdivs. (4) to (27), effective January 1, 2022; P.A. 21-100 amended Subsec. (b) by applying Subdiv. (15)(A), codified by the Revisors as Subdiv. (16)(A), to validation, combination or modification of trust and further amending Subdiv. to add Subpara. (D) re assuming jurisdiction of out-of-state trust, and deleting “advice or” in Subdiv. (26), codified by the Revisors as Subdiv. (27), and amended Subsec. (c) by adding reference to Sec. 17b-131, effective July 1, 2021; P.A. 22-26 added new Subsec. (j) re $100 fee for issuance of a foreign subpoena pursuant to Sec. 52-657 and redesignated existing Subsecs. (j) to (l) as Subsecs. (k) to (m), effective July 1, 2023; P.A. 23-161 amended Subsec. (b)(10) by adding provision re eligible adult, making a technical and conforming change and adding Subpara. (C) re releasing financial hold or hold by broker-dealer or investment advisor, effective July 1, 2024; P.A. 23-204 amended Subsec. (b) by deleting Subdiv. (19) re fee for name changes and redesignating existing Subdivs. (20) to (27) as Subdivs. (19) to (26), effective July 1, 2023; P.A. 24-104 amended Subsec. (b) by redesignating content of existing Subsec. (h) re $250 filing fee for motion to permit attorney not admitted in state to appear pro hac vice as Subsec. (b)(27) and making technical changes and further amended Subsec. (h) by adding $300 filing fee for petition relating to exercise of decanting power and reference to Sec. 45a-545i, effective January 1, 2025.