(a) The Probate Court Administrator, within available appropriations, may cause an account of a conservator of the estate, as defined in section 45a-644, to be audited in accordance with the provisions of this section.
(b) The Probate Court Administrator may select conservator accounts for audit under this section on a random basis or on the basis of other criteria that the administrator deems effective in deterring and detecting fiduciary malfeasance. No account that a Probate Court has approved may be selected for audit.
(c) When the Probate Court Administrator selects an account for audit, the administrator shall assign an auditor to conduct the audit from the list of auditors maintained under section 45a-175 and shall notify the Probate Court before which the account is pending. The Probate Court shall continue any previously scheduled hearing on the account pending the outcome of the audit and shall notify all parties of the audit and the continuance by first-class mail.
(d) A conservator of the estate whose account is subject to audit shall cooperate with the auditor and provide the auditor with access to all of the conservator's records relating to the conservatorship of the estate. The auditor shall notify the Probate Court, in writing, if the conservator fails to cooperate with the audit and shall send a copy of such notification to each party and attorney of record. On motion of a party or the court's own motion, the court may issue orders to compel compliance with the provisions of this subsection and may remove a conservator who fails to comply with the provisions of this subsection.
(e) An auditor performing an audit under this section shall complete the audit and submit a report of his or her findings to the Probate Court not later than ninety days after the date the auditor receives notice of the auditing assignment. On request of the auditor, the court may extend the deadline if it finds that additional time is necessary to complete the audit.
(f) Upon receipt of an audit report under subsection (e) of this section, the Probate Court shall send notice of the hearing on the account and audit report, together with a copy of the audit report, to all parties. The audit report shall be admissible in evidence, subject to the right of any interested party to require that the auditor appear as a witness, if available, and be subject to examination. The court shall hear and decide the conservator's account and shall determine the rights of the conservator and the parties under subsections (g) and (h) of section 45a-175.
(g) The Probate Court Administrator shall pay the cost of an audit under this section from the Probate Court Administration Fund, subject to the provisions of section 45a-84. The Probate Court Administrator may, from time to time, establish hourly rates and allowable expenses for the compensation of auditors under this section.
(P.A. 17-7, S. 1.)
History: P.A. 17-7 effective January 1, 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.