(a) With respect to a decedent's estate, the fees and expenses under sections 45a-107 and 45a-109 shall be paid for by the executor or administrator, except that if there is no such fiduciary, the fees and expenses shall be paid by the person filing the succession tax return under section 12-359 or the estate tax return under section 12-392.
(b) In the case of any proceeding commenced on motion of the court, the court may assess the fees and expenses provided for under sections 45a-106a, 45a-107 and 45a-109 against one or more parties in such proportion as the court determines equitable. No fee shall be charged under this subsection for a hearing on the court's own motion to remove a fiduciary for failure to file required documents.
(c) Except as provided in subsection (a) of this section, the person filing the motion, petition, application or account shall pay the fees and expenses provided for by sections 45a-106a, 45a-108a and 45a-109, unless otherwise provided by law. The court may order the fiduciary of an estate to reimburse a party for any such fees and expenses if the court determines that reimbursement is equitable.
(P.A. 90-146, S. 6; P.A. 10-184, S. 2; P.A. 12-45, S. 6; June Sp. Sess. P.A. 15-5, S. 452; P.A. 18-45, S. 4.)
History: P.A. 10-184 amended Subsec. (a) to add “or a tax return under section 12-392” and added “charges” throughout, effective June 8, 2010; P.A. 12-45 deleted references to costs and charges and made technical changes, effective January 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding reference to Sec. 45a-109, substituting “the fees and expenses shall be paid by the person” for “by the transferee” and making technical changes, deleted former Subsecs. (b) to (d) re payment of fees and expenses paid in connection with proceedings under Sec. 45a-108, payment of fees and expenses in proceeding commenced on motion of court and payment of fees and expenses in all other cases, respectively, added new Subsec. (b) re assessment of fees and expenses in proceeding commenced on motion of court, and added new Subsec. (c) re payment of fees and expenses by person filing motion, petition, application or account, effective July 1, 2015; P.A. 18-45 amended Subsec. (b) by adding provision re no fee to be charged for hearing on court's own motion to remove fiduciary for failure to file required documents, effective May 31, 2018.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801b - Probate Court Procedures
Section 45a-105. - Uniform fees in Probate Courts.
Section 45a-106a. - Fees in matters other than decedent's estate and fiduciary accountings.
Section 45a-108a. - Fees for accounting in matters other than decedent's estate.
Section 45a-109. - Miscellaneous fees: Recordings, notices, service of process, copies.
Section 45a-110. - Persons responsible for payment of fees and expenses.
Section 45a-111. - Exemptions, waivers and reduction of fees and expenses.
Section 45a-113. - Payment of costs by credit card. Service fee.
Section 45a-113a. - Refund for overpayment of costs.
Section 45a-113c. - Liens upon real estate that are deemed released.
Section 45a-119. (Formerly Sec. 45-7). - Judge may call assistance.
Section 45a-120. (Formerly Sec. 45-10). - Citation of another judge.
Section 45a-121. (Formerly Sec. 45-11). - Judge cited may issue order in his own district.
Section 45a-124. (Formerly Sec. 45-30). - Giving of orders of notice.
Section 45a-125. (Formerly Sec. 45-31). - Manner of notice to be fixed by order of court.
Section 45a-126. (Formerly Sec. 45-32). - Giving of public notice.
Section 45a-127. (Formerly Sec. 45-33). - Special notice to be given on written request.
Section 45a-129. (Formerly Sec. 45-262). - Examination of witnesses.
Section 45a-130. (Formerly Sec. 45-19). - Return of compliance with order of court.
Section 45a-133. (Formerly Sec. 45-18). - Adjournment of court in absence of judge.
Section 45a-134. - Decisions of probate court in contested cases. Time limit.
Section 45a-136. - Recording of proceedings when recording not otherwise required.
Section 45a-139. (Formerly Sec. 45-34a). - Probate bonds. Waiver, when.
Section 45a-141. (Formerly Sec. 45-35). - Substitution of new bond.
Section 45a-142. (Formerly Sec. 45-39). - Filing and recording bonds.
Section 45a-143. (Formerly Sec. 45-36). - Examination of estate. Removal of principal.
Section 45a-144. (Formerly Sec. 45-40). - Action on probate bond by aggrieved person.
Section 45a-145. (Formerly Sec. 45-41). - Enforcement of judgment on bond.
Section 45a-152. (Formerly Sec. 45-268a). - Suit upon claims. Time limitation.
Section 45a-153. (Formerly Sec. 45-232). - Submission of claims to arbitration.
Section 45a-154. (Formerly Sec. 45-233). - Award of arbitrators.
Section 45a-156. (Formerly Sec. 45-235). - Costs of arbitration.
Section 45a-162. (Formerly Sec. 45-236). - Sale of choses in action and other property.
Section 45a-163. (Formerly Sec. 45-237). - Sale of personal property by other than fiduciary.
Section 45a-164. (Formerly Sec. 45-238). - Sale or mortgage of real property.
Section 45a-167. (Formerly Sec. 45-244). - Sale of real property by other than fiduciary.
Section 45a-169. (Formerly Sec. 45-240). - When probate bond not required.
Section 45a-177. (Formerly Sec. 45-268). - Periodic rendering of accounts; hearing. Exceptions.
Section 45a-178. (Formerly Sec. 45-269). - Allowance of interim accounts. Notice and hearing.
Section 45a-179. (Formerly Sec. 45-270). - Notice and hearing on final accounts.
Section 45a-180. (Formerly Sec. 45-271). - Settlement of account of deceased fiduciary.
Section 45a-186a. - Appeal from probate court after a hearing on the record. Transcripts. Expense.
Section 45a-186b. - Appeal from probate court after a hearing on the record: Standard of review.
Section 45a-186c. - Appeal from probate court: Costs; waiver; tolling of appeal period.
Section 45a-187. (Formerly Sec. 45-289). - Time of taking appeals.
Section 45a-188. (Formerly Sec. 45-291). - Timing of taking appeals by minors.
Section 45a-189. (Formerly Sec. 45-290). - Amendment to appeal.
Section 45a-190. (Formerly Sec. 45-292). - Appeals from actions of commissioners.
Section 45a-193. (Formerly Sec. 45-295). - Appellee to give bond in Superior Court.