§ 45a-111 — Exemptions, waivers and reduction of fees and expenses.

(a) No fee or expense shall be charged for any proceedings in the settlement of the estate of any member of the armed forces who died while in service in time of war as defined in section 27-103. (b) No fees or expenses shall be charged under sections 45a-106a to 45a-112 , inclusive, or under section 45a-727 for adoption proceedings involving special needs children. (c) If a petitioner or applicant to a Probate Court claims that unless his or her obligation to pay the fees and the necessary expenses of the action, including the expense of service of process, is waived, such petitioner or applicant will be deprived by reason of his or her indigency of his or her right to bring a petition or application to such court or that he or she is otherwise unable to pay the fees and necessary expenses of the action, he or she may file with the clerk of such Probate Court an application for waiver of payment of such fees and necessary expenses. Such application shall be signed under penalty of false statement, shall state the applicant's financial circumstances, and shall identify the fees and expenses sought to be waived and the approximate amount of each. If the court finds that the applicant is unable to pay such fees and expenses, it shall order such fees and expenses waived. If such expenses include the expense of service of process, the court, in its order, shall indicate the method of service authorized and the expense of such service shall be paid from funds appropriated to the Judicial Department, except that, if funds have not been included in the budget of the Judicial Department for such expenses, such expenses shall be paid from the Probate Court Administration Fund. (d) The court may, in its discretion, postpone payment of any filing fee or other fee or expense due under sections 45a-106a to 45a-112 , inclusive, and enter any matter if it appears to the court that to require such filing fee or other fee or expense to accompany submission of the matter would cause undue delay or hardship, but in such case the applicant, petitioner or moving party shall be liable for the filing fee and all other fees and expenses upon receipt of an invoice therefor from the court. (e) Any fee or expense charged under the provisions of sections 45a-106a to 45a-112 , inclusive, shall not be subject to the tax imposed under chapter 219. See Secs. 17a-116 to 17a-119, inclusive, re subsidies for adoption of special needs children.

Legislative History

(P.A. 90-146, S. 7; P.A. 92-46, S. 2; P.A. 96-170, S. 14, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 14; P.A. 09-114, S. 17; P.A. 12-45, S. 7; P.A. 13-199, S. 6; June Sp. Sess. P.A. 15-5, S. 455; P.A. 21-100, S. 5.) History: P.A. 92-46 amended Subsec. (c) by adding provision that any fee waived under section shall be reimbursed to probate court by probate court administration fund; P.A. 96-170 amended Subsec. (c) by changing funding of costs of service of process from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 99-84 amended Subsec. (c) by deleting “under oath” and inserting “signed under penalty of false statement”; P.A. 09-114 amended Subsec. (c) to delete provisions re reimbursement of waived fees, effective January 1, 2011; P.A. 12-45 replaced references to costs with references to expenses, replaced references to charges with references to fees and expenses and made technical and conforming changes, effective January 1, 2013; P.A. 13-199 amended Subsec. (c) to substitute “probate court” for “court of probate” and amended Subsec. (d) to make a technical change, effective January 1, 2014; June Sp. Sess. P.A. 15-5 amended Subsecs. (b), (d) and (e) by substituting “45a-107” for “45a-106” and amended Subsec. (c) by making technical changes, effective January 1, 2016; P.A. 21-100 amended Subsecs. (b), (d) and (e) to replace references to Sec. 45a-107 with references to Sec. 45a-106a and further amended Subsec. (d) to replace “entry fee” with “filing fee”, effective July 1, 2021.