Connecticut Funeral DirectorsThursday, December 3, 2015

Paul J. KnierimProbate Court Administrator

New Developments New Developments

in Probatein Probate

Probate Court Restructuring2

January 1st will be 5th year anniversary 117 courts consolidated into 54 Finances centralized Benefits:

All courts full-time Better facilities Uniform procedures System-wide compensation and benefits

plan Annual savings of $4 million

Budget for Fiscal Years 2015-16 and 2016-17

Eliminates general fund appropriation for Probate Courts

Increases probate fees to replace budget funds Filing fees Accounting fees Decedents’ estate fees

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Filing Fees (Other than Decedents’ Estates)

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Most matters: Increase from $150 to $225 Custody of remains increases from $25 to

$150

Effective January 1, 2016

Filing Fees for Accounts5

Fee is greater of: 0.05% of value of assets X number of years 0.05% of receipts

Minimum fee: $50 Maximum fee: $500/year

Effective January 1, 2016

Fees on Decedents’ Estates6

Rate increases to 0.5% on estates with basis for fees over $2 million

No cap (previously $12,500) New filing fees:

Open a safe deposit box: $50 Appoint estate examiner: $50 Mediation under regulation 22: $350/day

Effective for decedents dying on or after January 1, 2015

Interest on Decedents’ Estate Fees7

All estates must file estate tax return $2 million or less: No tax, submit return to

Probate Court Over $2 million: Taxable, submit return to

DRS and copy to Probate Court Court uses figures on estate tax return to

calculate probate fee invoice 6% interest applies if return is not filed in 6

months Exemptions:

Estates $40,000 or less Estates passing to spouse $500,000 or

less

Probate Fee Lien8

New lien for probate fees Additional to estate tax lien Applies to all real estate, including jointly-

owned property Applies to percentage fees and interest

Probate Court Rules of Procedure9

Comprehensive rewrite published in 2013 Goals:

Uniformity User ease Streamline non-contested cases Resolve contested cases quickly and

efficiently Rules are available on ctprobate.gov or

may be purchased in paperback Biennial update

P.A. 13-81: Estate Examiner10

Expands permissible roles of estate examiner Court can appoint estate examiner to:

Investigate decedent’s assets Determine whether a full or small estate is

needed Obtain information about possible wrongful

death or other claims

Identify non-probate assets such as life insurance

No fiduciary powers Information gathering only

P.A. 13-212: Access to Safe Deposit Box11

Prior law: Permitted only to locate will Expanded authority: Probate Court can

grant access to specified jointly-owned assets: Stocks and bonds Annuities Certificates of Deposit

Bank officer must inventory contents of box and report to court on items removed from box

P.A. 14-204: Custody of Remains12

Permits attorney in fact or conservator to execute document directing disposition of remains or designating

a person to have custody of remains Conservators:

Need explicit authority from Probate Court May not revoke prior document without court order Document terminates if conserved person is

restored If no designation of person to have custody and a

class of individuals is entitled to custody: Majority rule

P.A. 15-217: Affidavit in Lieu of Administration13

Small estate procedure applies when: Probate assets do not exceed $40,000 Decedent had no solely-owned real

estate Statute rewritten for clarity 30-day waiting period for DAS All claims must be listed May be used even if estate is insolvent

Probate Court IT Initiatives

Website with fillable forms and user guides (current)

Document management system (2016) Online billing for attorneys and

conservators (2017) Optional e-filing (2018-19)

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Re-engineered process for how clerks handle files

Filings digitized immediately on receipt QR code on forms tells the system:

Type of filing Expedited action required Confidential or sealed Ex Parte communication Record for permanent record Filing rejected

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Document Management System

Document Management System16

Users can scan QR code for website link Improved search capability

Documents filed with the case Search all courts from one location

Simpler forms with better instructions

E-Filing17

Users will have option of electronic filing “Interview” format to assist users in

preparing forms Labor saving for users and court staff Parties have online access to court files

Questions and Comments18

For more information, please contact:

Office of the Probate Court Administrator186 Newington Road

West Hartford, CT 06110(860) 231-2442

website: ctprobate.gov