Connecticut General Statutes
Chapter 801b - Probate Court Procedures
Section 45a-186c. - Appeal from probate court: Costs; waiver; tolling of appeal period.

(a) In an appeal taken under section 45a-186, costs may be taxed in favor of the prevailing party in the same manner, and to the same extent, as such costs are allowed in judgments rendered by the Superior Court.

(b) If the appellant claims that such appellant cannot pay the costs of an appeal taken under section 45a-186, the appellant shall, within the time permitted for filing the appeal, file with the clerk of the court to which the appeal is to be taken an application for waiver of payment of such costs, including the requirement of bond, if any. The application for waiver of such costs shall conform to the requirements prescribed by rule of the judges of the Superior Court. After such hearing as the court determines is necessary, the court shall render judgment on the application for waiver of such costs, which judgment shall contain a statement of the facts found by the court and the court's conclusions based on the facts found. The filing of the application for the waiver of such costs shall toll the time limits for the filing of an appeal until such time as a judgment on such application is rendered. A fiduciary acting on an order of the court made after expiration of the period of appeal shall not be liable for actions made in good faith unless such fiduciary has actual notice of the tolling of the appeal period.
(P.A. 07-116, S. 5; P.A. 10-32, S. 132.)
History: P.A. 10-32 made a technical change in Subsec. (a), effective May 10, 2010.
Legislature expressly addressed appellate procedure in this section and did not provide that a motion for revocation made pursuant to Sec. 45a-128 is an action that tolls the appeals period set forth in this section. 210 CA 278.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 45a - Probate Courts and Procedure

Chapter 801b - Probate Court Procedures

Section 45a-105. - Uniform fees in Probate Courts.

Section 45a-106. - Entry fees. Basic fees other than for decedent's estates and fiduciary accountings. Fee for motion to appear pro hac vice.

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

Section 45a-107. - Fees and expenses for settlement of decedent's estate. Interest on unpaid fees. Exception.

Section 45a-107a. - Development of method of determination of gross estate for purposes of computation of cost for settlement of estates.

Section 45a-107b. - Lien on real property for fees imposed in the settlement of decedent's estate. Release of lien by Probate Court. Petition for release of lien.

Section 45a-108. - Fees for accounting other than with respect to a decedent's estate. Fee for motion to appear pro hac vice.

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-112. - Filing fee and other fees and expenses when state is applicant, petitioner or moving party.

Section 45a-113. - Payment of costs by credit card. Service fee.

Section 45a-113a. - Refund for overpayment of costs.

Section 45a-113b. - *(See end of section for amended version and effective date.) Payment of fees by credit card, charge card, debit card or electronic funds transfer. Service fee.

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-122. (Formerly Sec. 45-4j). - Three-judge court for probate matters. Appointment. Powers and duties.

Section 45a-123. (Formerly Sec. 45-22). - Referral to probate magistrate or attorney probate referee. Report. Hearing. Court decree.

Section 45a-123a. - Probate magistrates. Attorney probate referees. Qualifications. Nomination and appointment. Compensation.

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-128. (Formerly Sec. 45-20). - Reconsideration, modification or revocation of order or decree.

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-131. (Formerly Sec. 45-16b). - Participation of employees of certain state agencies in proceedings.

Section 45a-132. (Formerly Sec. 45-54). - Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons.

Section 45a-132a. - Examination of allegedly incapable party. Refusal to undergo examination. Expense.

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-135. - Matter before probate court may be proved by statement in writing subscribed under penalty of false statement. Form.

Section 45a-136. - Recording of proceedings when recording not otherwise required.

Section 45a-136f. - eFiling system. Definitions. Electronic service of documents by registered filers.

Section 45a-139. (Formerly Sec. 45-34a). - Probate bonds. Waiver, when.

Section 45a-140. (Formerly Sec. 45-37). - Prohibition on judges, officers and employees of Probate Court acting as sureties or issuing probate bonds.

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-151. (Formerly Sec. 45-231). - Compromise and settlement of claims. Conveyance of real property.

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-155. (Formerly Sec. 45-234). - Remonstrance against award. Refusal of court to accept award.

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-165. (Formerly Sec. 45-243). - Sale or mortgage of real property by successor to original appointee or survivor of appointees.

Section 45a-166. (Formerly Sec. 45-241). - Public or private sale of real property. Distribution of proceeds. Validation of sale.

Section 45a-167. (Formerly Sec. 45-244). - Sale of real property by other than fiduciary.

Section 45a-168. (Formerly Sec. 45-242). - Mortgage of real property: Amount and interest rate. Liability of fiduciary.

Section 45a-169. (Formerly Sec. 45-240). - When probate bond not required.

Section 45a-175. (Formerly Sec. 45-267). - Jurisdiction of accounts of fiduciaries. Appointment of auditor to examine accounts, when.

Section 45a-176. (Formerly Sec. 45-267a). - Financial report by fiduciary in lieu of account. Release from liability.

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-181. - Probate Court Administrator's authority re auditing account of conservator of the estate.

Section 45a-186. (Formerly Sec. 45-288). - Appeals from probate. Venue. Service of process. Referral to special assignment probate judge.

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-191 and 45a-192. (Formerly Secs. 45-293 and 45-294). - Interest of appellant to be stated. Order of notice.

Section 45a-193. (Formerly Sec. 45-295). - Appellee to give bond in Superior Court.