Jurisdiction of the Newington Probate Court

While the probate court is the oldest court in Connecticut, it is also a purely statutory court, meaning that it can only hear matters which are expressly granted to it by state statute. Probate court is often referred to as Connecticut’s family court as most of the matters it can hear concern legal matters relevant to family dynamics. Presented below is a brief overview of the types of matters heard by the Newington Probate Court. While not exhaustive, it is also not intended to provide legal advice and you are encouraged to review any matter you may contemplate bringing with a legal advisor to fully understand your rights and obligations. Downloadable Forms to assist in the filing of probate court applications are available at the Connecticut Probate Court website at ctprobate.gov forms.

Contents

1. Conservatorships
2. Settlement of Estates
3. Trusts
4. Guardianships of the Intellectually Disabled
5. Name Change
6. Child and Family Matters
7. Accountings
8. Parentage
9. Adoptions
10. Mental Health Petitions
11. Custody of the Remains
12. Miscellaneous Petitions

1. Conservatorships A conservator is a person appointed by a probate court to take legal responsibility for the personal and/or financial affairs of another person. A conservator for personal affairs is known as a conservator of person and a conservator for financial affairs is known as a conservator of estate. Conservatorship becomes a relevant consideration where evidence exists that a person lacks the ability to take care of his or her personal or financial matters. This can be due to a medical condition, such as dementia, or due to an incapacitating accident, such as a person who suffers an accident resulting in the person being in a comatose state. Conservatorships can be granted on an involuntary or voluntary basis, with the latter option meaning that the person needing assistance is the petitioner to the court. Involuntary conservatorship applications require that a physician’s evaluation of the person sought to be conserved accompany the petition. Both applications have a $250 filing fee and an additional fee for service of process is required for involuntary conservatorship applications. Prior to filing a petition, research should be completed as to whether or not the person sought to be conserved ever executed any estate planning documents, such as a durable power of attorney document or a health care representative document. As the probate court is obligated to select the least restrictive relief in the event it grants the petition, to the extent estate planning documents have been executed, the petitioner needs to be ready to explain to the court at the hearing on the application why any estate planning documents executed by the person for whom a conservator is sought fail to meet his or her needs.
2. Settlement of Estates When a person dies, any and all assets held solely in the decedent’s name without any beneficiary designation upon death become frozen and unable to access without some action by a probate court. Estates where the decedent’s solely owned assets fall below $40,000.00 and where the decedent did not have any solely owned interests in real estate at the time of their demise are eligible to be settled by affidavit. This process requires the completion of an application and the submission of certain documents such as the death certificate, evidence of payment of the funeral bill and the original last will and testament of the decedent, if any such document was executed, even though it is not going to be submitted for admission to probate. The petitioner will also be required to attest to all the assets of the decedent, identify any debts owed by the decedent at the time of death and complete a State of Connecticut Department of Revenue Services Estate Tax Form 706NT. Upon the filing of this form, the court will issue the probate bill and upon payment of the probate bill, the court will issue a decree ordering the petitioner to obtain the assets of the decedent, pay the outstanding bills of the estate, including reimbursing parties who paid for the funeral and other estate administrative expenses, and then distributing any remaining assets in accordance with the terms of the last will if such a document exists or in accordance with the Connecticut intestacy statute, which statute provides how the assets of a decedent are distributed in the event a decedent never executes a will. For decedent’s estates where the decedent owned assets in his or her own name in excess of $40,000 or where the decedent had an interest in real estate which was not extinguished upon death, a full estate will be required to be opened. This process also requires the filing of an application and delivery to the court of the original will, if any such document was executed by the decedent during his or her lifetime. The next of kin of the decedent, known as heirs, need to be identified on the application so that they can be given notice of the application to admit the will or open an estate. The court will send a notice to all interested parties of the pendency of the application and the right to request a hearing. The court will conduct a hearing on the application if a request is made. The petitioner can avoid this process if all the interested parties execute a waiver waiving their right to a hearing. The court will further set a bond amount that the fiduciary will have to obtain to secure the performance of the fiduciary unless the will document expressly waives the requirement of a bond. The court may further waive the bond requirement if all the interested parties sign a bond waiver or if the assets of the estate are insufficient to justify the expense of a bond, generally $10,000.00 or less. Once appointed, the fiduciary has 60 days from the date of appointment to file an inventory of all assets owned by the decedent with the court, file the Connecticut 706NT within six months of the date of death of the decedent, file a return of claims setting forth all the debts of the decedent at the time of death and file a final financial report setting forth all the assets of the estate listed in the inventory and those which arrived during the pendency of the estate, the administrative expenses of the estate including the funeral bill, the probate bill, professional expenses of attorneys and accountants, any fiduciary fee sought and the claims deemed to be valid by the fiduciary as set forth in the return of claims, distributions to beneficiaries made prior to the preparation of the financial report, proposed distributions to be made after approval of the financial report by the probate court and any reserve retained for the payment of final expenses. Upon the filing of the final financial report, the court will send a notice to interested parties of their right to request a hearing for any objections they may have concerning it. As with the initial petition, the fiduciary may avoid this notice if all the interested parties sign a waiver of their right to a hearing. The court will either hold the hearing or take the papers where a waiver of the hearing is filed and issue a decree approving the final financial report, making any modifications it finds appropriate. Once the fiduciary makes his final distributions, the fiduciary files an Affidavit of Closing with the court, advising of how any reserve was expended. In the event the assets of the estate are insufficient to pay all the debts of the estate, the fiduciary may need to file an application to find the estate insolvent.
3. Trusts There are multiple ways that a probate court can have jurisdiction over a trust. For a trust created in a will document, the probate court has jurisdiction over it from the time it is funded until it is terminated. The court appoints the trustees named in the will who are required to file an inventory of trust assets and then periodic financial reports thereafter for the life of the trust. The interested parties will be notified of their right to have a hearing on the financial report and the interested parties can also waive their right to a hearing. The probate court further must approve any change in trustee. With respect trusts created by individuals during their lifetimes, which trusts are known as inter vivos trusts, the probate court has more limited jurisdiction. A beneficiary of an inter vivos trust may apply to probate court to order the trustee to provide an accounting, an interested party may petition the court for removal of a trustee and appointment of a replacement trustee and an interested party may file a motion for the probate court to appoint a successor trustee when the office of trustee is vacant and the trust document does not set forth a process to fill the vacancy. Finally, the probate court has jurisdiction to hear an application that an inter vivos trust be terminated for reasons including the small size of the trust or the agreement of all interested parties in the trust that the purpose of the trust has been satisfied and that it should be terminated.
4. Guardianships of the Intellectually Disabled The Connecticut General Statutes provide that the probate court may appoint guardians for persons who are intellectually disabled upon reaching the age of majority (18). A guardianship appointment is akin to a conservatorship of the person appointment and concerns giving the guardian legal authority to make decisions for the protected persons in areas including residence outside the family home, release of clinical information and photographs, consent to routine elective and emergency medical care and dental care, agreeing to specifically designed educational, vocational or behavioral programs and other specific limited services necessary to maximize the protected person’s ability to meet essential requirements. Guardians who have responsibility in all these areas are known as plenary guardians and guardians who have responsibility in less than all these areas are known as limited guardians. Recently, a new guardianship appointment known as a financial guardian has been established, which guardianship empowers the guardian to manage funds of the protected person in a manner akin to a conservator of the estate, but subject to a $10,000.00 maximum amount. A conservator of estate application would need to be filed if the total value of assets managed by the guardian exceeds $10,000.00. An application is needed to be filed for any type of these guardianships. A referral is made to the State of Connecticut Department of Developmental Services which provides the court with a report concerning the eligibility of the protected person to have a guardian along with the Department’s position on the nature of the guardianship recommended or even whether or not a guardianship appointment is necessary. The court will appoint an attorney to represent the protected person and the court will hold a hearing that must be attended by the protected person and his or her counsel along with the petitioner and a representative of the Department of Developmental Services. Once established, guardianships are reviewed on a periodic basis to assess how they are proceeding and what, if any, modifications should be instituted.
5. Name Change A person residing in the towns of Newington, Wethersfield or Rocky Hill may file an application with the probate court to legally change his or her name. With the advent of verified driver’s licenses, many people are finding out that the name on their birth certificate differs from the name they have gone by their whole life. Additionally, persons who failed to change their names after going through a divorce who subsequently wish to change their names and individuals going though a gender change may wish to change their name and the probate court is the place they can do it. An application is required with notice being provided to any spouse of the petitioner. The court will conduct a background check and hold a hearing on the petition which must be attended by the petitioner. Please note, however, that a married person need not file an application to take the last name of their spouse, presentation of the marriage certificate is sufficient evidence of the change of name.
6. Child and Family Matters Minor children who are at risk due to their parents’ inability to fulfill their parental obligations safely may be protected by applications which can be filed with the probate court. Typically these situations arise with parent(s) who have substance abuse issues which interfere with their ability to provide sufficient care to their children, although any circumstance which results in the parent being unable to discharge his or her guardian obligations to a child can support an application. In such instances, other family members such as grandparents or aunts and uncles may file applications to the probate court to have the guardianship rights of the parent(s) removed and have themselves appointed as guardians for the minor child until the parent(s) have addressed their issues and are ready to resume their guardian obligations. Applications are required and, once filed, the court will engage the State of Connecticut Department of Children and Families to prepare a report to the court on the application. An initial hearing will occur shortly after the application is filed to address the issue of who should have custody of the minor child while the full report, which will take several months to prepare, is being completed. The court will appoint an attorney to represent the minor child. After the report is completed, the court will conduct a hearing on the application and render a decision. The probate court also employs the services of a family court officer who will conduct a family case conference of interested parties early on in the process to discuss issues of concern to the parties, including visitation and issues affecting the welfare of the minor child, in an effort to resolve differences and maximize the safety of the minor child and the opportunity of the minor child to continue the parent-child relationship in a safe manner. The court retains jurisdiction over any petitions it grants and retains the ability to review, modify and terminate the guardianship upon being presented with evidence that the parent(s) are ready to resume their guardian responsibilities. Where the parent-child relationship has deteriorated to the point where it is dangerous for the minor child to have any affiliation with a parent, a termination of parental rights application may be appropriate. The grounds for such an application to be filed include, but are not limited to, abandonment of the minor child, the failure by the parent to provide the minor child with sufficient guidance and/or support, neglect and/or abuse of the, and the lack of any ongoing parent-child relationship. Similar to the removal of guardian rights, an application is required to be filed and a referral to the Connecticut Department of Children and Families is made for the purposes of preparing a report on the application. It should be noted that termination of parental rights is perhaps the most extreme relief a probate court can grant and its application is generally reserved for the most extreme circumstances
7. Accountings In addition to the periodic accountings required in conservatorships, estates and trusts already discussed, the probate court is empowered to order accountings requested by parties with standing to do so for powers of attorney.
8. Parentage The State of Connecticut recently overhauled its statutes on parentage matters, including paternity and the legality of surrogacy agreements, and parties seeking to establish parenthood or enforce a surrogacy agreement have the right to file an application to do so in probate court.
9. Adoptions Children available for adoption may have adoptions approved by the probate court. It is not unusual for a parental termination application which is granted to be followed by an application for the minor child to be adopted. Additionally, adult adoptions, where both the adopting party and the party to be adopted are adults, are also able to approved by the probate court.
10. Mental Health Petitions The probate court has jurisdiction to hear matters relevant to mental health issues, including probable cause hearings for individuals temporarily committed to a mental hospital who believe the commitment was not justified, commitments to a mental health hospital and motions relevant to care provided in a mental health hospital including the ability of a conservator to provide consent to psychotropic medications against the will of the conserved person and the administration of electroshock therapy. The Newington probate district had one mental health hospital within it, Cedarcrest Hospital, but it closed in 2010. Judge Randich did hear matters there throughout his first term as probate judge and his experience in hearing these matters allows him to appear for judges in other district to hear such matters when they are unavailable. While it is possible for some of these matters to be heard outside of a hospital setting, the vast majority of such motions are heard within hospitals. The probate court also has jurisdiction to commit persons to facilities specializing in alcohol and substance abuse addictions but no such facilities exist within the Newington district.
11. Custody of the Remains If a family is unable to agree upon the final arrangements of a loved one, or there is no next of kin to make decisions regarding final arrangements after the death of a person, a family member or a funeral home can move for custody of the remains and obtain a probate court order authorizing a party to make final arrangements for the person. All interested parties are provided with written notice of the hearing on the petition and the court issues a decree after conclusion of the hearing.
12. Miscellaneous Petitions The probate court also has limited jurisdiction to undertake matters which arise as part of an already pending matter. Thus, the probate court has the ability to settle a boundary dispute if one of the properties involved in the dispute is already in front of the court, such as an estate. The probate court has the ability to try title on assets such as bank accounts if the claim of the party is that the account in question is in fact an asset of an estate pending with the court.

In determining whether to file an application with the probate court, you are advised to confer with a legal advisor prior to filing an application. You are free to call the court with any questions you may have concerning the forms or the type of matter in question, but please be advised that the probate court cannot provide you with legal advice or what you should or should not do. The court can advise you as to how the petitions operate in general and the type of information the court forms are looking for, but you will need to determine for yourself how everything applies to your specific concern. You also cannot speak with Judge Randich concerning your specific matter outside of a hearing on it. It is important for the court to maintain impartiality and that is best insured by requiring that any discussions with the court occur within a court hearing where all interested parties can hear both the question and the response and can follow up with questions of their own at that time. Similarly, any document or pleading filed in a pending matter has to be copied to all interested parties in order for the court to review it.

Once you have determined that you intend to file a petition in probate court, you will need to print out the relevant form, complete it and file it with the court along with the filing fee. The filing fee for most matters is $250.00, except for estate matters in which case there is no filing fee and a probate fee based on the Connecticut 706NT tax return is invoiced when the tax return is filed with the court. If the petition requires that it be served by a state marshal, such as an involuntary conservator application or a guardianship application, then an additional fee to pay for the state marshal’s services will be required. If an attorney is filing the petition, the attorney will efile with the court using Turbocourt, the court’s electronic filing system. If you are filing the petition without the assistance of counsel, you have the choice of delivering it along with any required fees to the court or registering with the Turbocourt system individually and filing the paperwork electronically. In that case you will need a credit or debit card to pay the required fees.

At the Newington Probate Court, we are dedicated to serving the needs of our residents with the utmost care and concern, striving to allow the maximum participation of all interested individuals in the matters before the court within the rules that govern the hearing of the matter in question. We hope you will not need to use our services but in the event you do, we look forward to meeting you and assisting you with the just and fair disposition of your matter.