Read the full stored bill text
Substitute Senate Bill No. 400
Public Act No. 26-87
AN ACT CONCERNING PROBATE COURT OPERATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 45a -8a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) For the purposes of this section, "children's matters" means: (1)
Guardianship matters under sections 45a -603 to 45a -625, inclusive; (2)
termination of parental rights matters under sections 45a-706 to 45a-719,
inclusive; (3) adoption matters under section s 45a -724 to 45a -733,
inclusive, and sections 45a -736 and 45a -737; (4) claims for parentage
under section 46b-571 and section 46b-454, and parentage orders under
sections 46b -517, 46b -531 and 46b -535; (5) emancipation of minor
matters under sections 46 b-150 to 46b -150e, inclusive; (6) voluntary
admission matters under section 17a -11; [and] (7) validation of
surrogacy agreements under sections 46b-533 and 46b-536; and (8) name
changes of minors under section 45a-99.
Sec. 2. Subsection (a) of section 45a -100 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
Substitute Senate Bill No. 400
Public Act No. 26-87 2 of 11
(a) Any person having a federal firearms disability under 18 USC
922(d)(4) and 18 USC 922(g)(4), as a result of an adjudication or
commitment rendered in this state, may petition the [probate court ]
Probate Court for the district in which such person resides , or, if such
person does not reside in Connecticut, the Probate Court that rendered
the adjudication or commitment, for relief from the federal firearms
disability that resulted from such adjudication or commitment.
Sec. 3. Subsection (a) of section 45a -754 of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(a) All records of cases related to termination of parental rights,
removal of a parent as guardian, appointment of a guardian of the
person of a minor, appointment of a statutory parent, adoption matters,
temporary guardianship and emancipation of a minor shall be
confidential and shall not be open to inspection by or disclosed to any
third party, except that (1) such records shall be available to (A) the
parties in any such case and their counsel; (B) the Department of
Children and Families; (C) any licensed child -placing agency involved
in any such case; (D) any judge or employee of a court of this state who,
in the performance of his or her duties, requires access to such records;
(E) the Office of the Probate Court Administrator; and (F) courts of other
states under the provisions of sections 46b-115a to 46b-115gg, inclusive;
and (2) access to and disclosure of adoption records shall be in
accordance with subsection (b) of this section.
Sec. 4. Section 45a -186 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(a) As used in this section and section 45a-187, "electronic service" has
the same meaning as provided in section 45a-136f.
(b) Any person aggrieved by an order, denial or decree of a Probate
Substitute Senate Bill No. 400
Public Act No. 26-87 3 of 11
Court may appeal therefrom to the Superior Court. An appeal from a
matter heard under any provision of section 45a -593, 45a-594, 45a-595
or 45a-597, sections 45a-644 to 45a-677, inclusive, sections 45a-690 to 45a-
703, inclusive, or section 45a-705a, shall be filed not later than forty-five
days after the date on which the Probate Court sent the order, denial or
decree. Except as provided in sections 45a -187 and 45a -188, an appeal
from an order, denial or decree in any other matter shall be filed on or
before the thirtieth day after the date on which the Probate Court sent
the order, denial or decree. The appeal period shall be calculated from
the date on which the court sent the order, denial or decree by mail or
the date on which the court transmitted the o rder, denial or decree by
electronic service, whichever is later.
(c) An appeal shall be commenced by filing a complaint in the
Superior Court in the judicial district in which such Probate Court is
located, or, if the Probate Court is located in a probate district that is in
more than one judicial district, by filing a complaint in a superior court
that is located in a judicial district in which any portion of the probate
district is located, except that (1) an appeal under subsection (b) of
section 12-359, subsection (b) of section 12-367, subsection (b) of section
12-395 or section 45a-98e shall be filed in the judicial district of Hartford,
and (2) an appeal in a matter concerning [removal of a parent as
guardian, termination of parental rights or adoption ] termination of
parental rights, removal of a parent as guardian, appointment of a
guardian of the person of a minor, appointment of a statutory parent,
adoption of a minor, temporary guardianship and emancipation of a
minor shall be filed in any superior court for juvenile matters having
jurisdiction over matters ari sing in any town within such probate
district. The complaint shall state the reasons for the appeal. A copy of
the order, denial or decree appealed from shall be attached to the
complaint.
(d) An appeal from a decision rendered in any case after a recording
Substitute Senate Bill No. 400
Public Act No. 26-87 4 of 11
of the proceedings is made under section 17a -498, 17a -543, 17a -543a,
17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section
51-72 or 51-73, shall be on the record and shall not be a trial de novo.
(e) Each person who files an appeal pursuant to this section shall
serve a copy of the complaint on each interested party. The failure of
any person to make such service shall not deprive the Superior Court of
jurisdiction over the appeal. Notwithstanding the provisions of section
52-50, service of the copy of the complaint shall be by state marshal,
constable or an indifferent person. Service shall be in hand or by leaving
a copy at the place of residence of the interested party being served or
at the address for the interested party on file with the Probate Court,
except that service on a respondent or conserved person in an appeal
from an action under part IV of chapter 802h shall be in hand by a state
marshal, constable or an indifferent person.
(f) In addition to the notice given under subsection (e) of this section,
each person who files an appeal pursuant to this section at the time of
the filing shall mail a copy of the complaint to the Probate Court that
rendered the order, denial or decree appealed from. The Probate Court
and the probate judge that rendered the order, denial or decree appealed
from shall not be made parties to the appeal and sh all not be named in
the complaint as parties.
(g) Not later than fifteen days after a person files an appeal under this
section, the person who filed the appeal shall file or cause to be filed
with the clerk of the Superior Court a document containing (1) the name,
address and signature of the person making service, and (2) a statement
of the date and manner in which a copy of the complaint was served on
each interested party and mailed to the Probate Court that rendered the
order, denial or decree appealed from.
(h) If service has not been made on an interested party, the Superior
Court, on motion, shall make such orders of notice of the appeal as are
Substitute Senate Bill No. 400
Public Act No. 26-87 5 of 11
reasonably calculated to notify any necessary party not yet served.
(i) A hearing in an appeal from probate proceedings under section
17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 19a-
131b, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-
699, 45a-703, 45a-717 or section 45a -98e shall commence, unless a stay
has been issued pursuant to subsection (j) of this section, not later than
ninety days after the appeal has been filed.
(j) The filing of an appeal under this section shall not, of itself, stay
enforcement of the order, denial or decree from which the appeal is
taken. A motion for a stay may be made to the Probate Court or the
Superior Court. The filing of a motion with the Pro bate Court shall not
preclude action by the Superior Court.
(k) Nothing in this section shall prevent any person aggrieved by any
order, denial or decree of a Probate Court in any matter, unless
otherwise specially provided by law, from filing a petition for a writ of
habeas corpus, a petition for termination of involu ntary representation
or a petition for any other available remedy.
(l) (1) Except for matters described in subdivision (3) of this
subsection, in any appeal filed under this section, the appeal may be
referred by the Superior Court to a special assignment probate judge
appointed in accordance with section 45a -79b, who is assigned by the
Probate Court Administrator for the purposes of such appeal, except
that such appeal shall be heard by the Superior Court if any party files
a demand for such hearing in writing with the Superior Court not later
than twenty days after service of the appeal.
(2) An appeal referred to a special assignment probate judge
pursuant to this subsection shall proceed in accordance with the rules
for references set forth in the rules of the judges of the Superior Court.
(3) The following matters shall not be referred to a special assignment
Substitute Senate Bill No. 400
Public Act No. 26-87 6 of 11
probate judge pursuant to this subsection: Appeals (A) under sections
17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528,
inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, and
19a-131b, (B) of children's matters as defined in subsection (a) of section
45a-8a, as amended by this act , (C) under section 45a -98e, (D) under
sections 45a-644 to 45a-663, inclusive, 45a-669 to 45a-683, inclusive, and
45a-690 to 45a -700, inclusive, and (E) any matter in a Probate Court
heard on the record in accordance with sections 51-72 and 51-73.
Sec. 5. Subsection (a) of section 45a-649 of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(a) (1) Upon an application for involuntary representation, the court
shall issue a citation to the [following enumerated] parties specified in
subdivision (2) of this subsection to appear before it at a time and place
named in the citation, which shall be served on the parties [at least] not
less than ten days before the hearing date, or in the case of an application
made pursuant to section 17a -543 or 17a -543a, [at least] not less than
seven days before the hearing date. Except as provided in subsection (c)
of section 45a-648, or unless continued by the court for cause shown, the
hearing on an application under this section shall be held not more than
thirty days after the receipt of th e application by the Probate Court.
Notice of the hearing shall be sent [not more than thirty days after
receipt of th e application ] to all other parties not less than ten days
before the hearing date. In addition to such notice, (A) notice for a matter
brought under sections 45a-667g to 45a-667o, inclusive, shall be given in
the manner provided in section 45a -667n, and (B) notice for a matter
brought under section 45a-667p shall be given in the manner provided
in section 45a-667q.
(2) (A) The court shall direct that personal service of the citation be
made, by a state marshal, constable or an indifferent person, upon the
respondent and the respondent's spouse, if any, if the spouse is not the
Substitute Senate Bill No. 400
Public Act No. 26-87 7 of 11
applicant. (B) Except for the respondent, if the address of any other
person entitled to personal service is unknown, or if personal service or
service at the person's usual place of abode cannot be reasonably
effected within the state, or if the person is out of the state, the judge or
the clerk of the court shall order notice be given by registered or certified
mail, return receipt requested, or by publication not less than ten days
before the date of the hearing. Any such publication shall be in a
newspaper of general circulation in the place of the last known address
of the person to be notified, whether within or without this state, or if
no such address is known, in the place where the petition has been filed.
(C) Notwithstanding the provisions of subp aragraph (A) of this
subdivision, in cases where the application is for involuntary
representation pursuant to section 17b -456 or in cases where notice is
provided pursuant to subparagraph (B) of this subdivision, the court
shall further order notice by ce rtified mail to the children of the
respondent and if none, the parents of the respondent and if none the
brothers and sisters of the respondent or their representatives, and if
none, the next of kin of such respondent.
(3) The court shall order such notice as it directs to the following: (A)
The applicant; (B) the person in charge of welfare in the town where the
respondent is domiciled or resident and, if there is no such person, the
first selectman or chief executive officer of the town if the respondent is
receiving assistance from the town; (C) the Commissioner of Social
Services, if the respondent is in a state-operated institution or receiving
aid, care or assistance from the state; (D) the Commissioner of Veterans
Affairs if the respondent is receiving veterans' benefits or the Veterans
Residential Services facility, or both, if the respondent is receiving aid
or care from said facility, or both; (E) the children of the respondent and
if none, the parents of the res pondent and if none, the brothers and
sisters of the respondent or their representatives and if none, the next of
kin of the respondent; and (F) the person in charge of the hospital,
nursing home or some other institution, if the respondent is in a
Substitute Senate Bill No. 400
Public Act No. 26-87 8 of 11
hospital, nursing home or some other institution.
(4) The court, in its discretion, may order such notice as it directs to
other persons having an interest in the respondent and to such persons
the respondent requests be notified.
(5) If personal service of the notice required in subsection (b) of this
section is not made as required in subdivision (2) of this subsection, the
court shall be deprived of jurisdiction over the application.
Sec. 6. Subsection (b) of section 45a -27 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(b) The Probate Court Administrator shall establish, supervise and
fund a program of training for newly -elected probate judges that shall
include: (1) A course to be taken between the date of election and the
date of assuming office concerning the rules of jud icial conduct for a
judge of probate, the ethical considerations arising in that office, the
operation of a probate court, and the availability of assistance for a judge
in the operation of a probate court; [and] (2) courses to be taken within
six months after the date of assuming office that provide fundamental
training in (A) civil procedure, including constitutional issues, due
process, and evidentiary considerations, (B) property law, including
conveyancing and title considerations, (C) the law of wills and trusts,
and (D) family law in the context of the probate courts ; (3) a mentor in
accordance with regulations adopted pursuant to section 45a-77; and (4)
observation of Probate Court hearings and proceedings, including
proceedings that are confidential pursuant to statute, in order to allow
a newly elected probate judge to meet the minimum level of proficiency
described in subsection (c) of this section.
Sec. 7. Section 45a -181 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Substitute Senate Bill No. 400
Public Act No. 26-87 9 of 11
(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] any conservatorship of the estate 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 ] a
conservatorship of the estate 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] estate is pending. The Probate Court shall continue any
previously scheduled hearing on [the] an 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 financial management or
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
Substitute Senate Bill No. 400
Public Act No. 26-87 10 of 11
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 conservator's
management of the financial affairs or 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 any recommendations
under the audit report 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 al lowable expenses
for the compensation of auditors under this section.
Sec. 8. Subsection (d) of section 45a -111 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(d) The court may, in its discretion, waive payment of filing fees or
other fees or expenses due under sections 45a-106a to 45a-112, inclusive,
if the court has determined such fees or expenses are uncollectable and
such fees or expenses do not exceed five dollars. The court may, in its
discretion, also postpone payment of any filing fee or other fee or
expense due under sections 45a-106a to 45a-112, inclusive, and enter any
matter if it appears to the court that to require such filing fee or other fee
or expense to accompany submission of the matter would cause undue
delay or hardship, but in such case the applicant, petitioner or moving
Substitute Senate Bill No. 400
Public Act No. 26-87 11 of 11
party shall be liable for the filing fee and all other fees and expenses
upon receipt of an invoice therefor from the court.
Sec. 9. Section 45a -113a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(a) Whenever a Probate Court determines that a refund is due an
applicant, petitioner, moving party or other person for any
overpayment of costs, fees, charges or expenses incurred under the
provisions of sections 45a-106a to 45a-112, inclusive, the Probate Court
Administrator shall, upon receipt of certification of such overpayment
by the Probate Court that issued the invoice for such costs, fees, charges
or expenses, cause a refund of such overpayment to be issued from the
Probate Court Administration Fund.
(b) No person shall be entitled to a refund if the amount to be
refunded is less than five dollars, or for any fee paid for the settlement
of a decedent's estate pursuant to section 45a-107 in which the basis for
the fee was the gross estate for succession tax purposes.
Sec. 10. Special act 25-18 is repealed. (Effective from passage)