State Codes and Statutes
Statutes > Connecticut > Title45a > Chap801b > Sec45a-186Sec. 45a-186. (Formerly Sec. 45-288). Appeals from probate. Venue. Service of process. (a) Any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, may, not later than forty-five days after the mailing of an order, denial or decree for a matter heard under any provision of section 45a-593, 45a-594, 45a-595 or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to 45a-705, inclusive, and not later than thirty days after mailing of an order, denial or decree for any other matter in a court of probate, appeal therefrom to the Superior Court. Such an appeal shall be commenced by filing a complaint in the superior court in the judicial district in which such court of probate is located, except that (1) an appeal under subsection (b) of section 12-359, subsection (b) of section 12-367 or subsection (b) of section 12-395 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 shall be filed in the superior court for juvenile matters having jurisdiction over matters arising in 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. Appeals from any decision rendered in any case after a recording is made of the proceedings under section 17a-498, 17a-685, 45a-650, 51-72 or 51-73 shall be on the record and shall not be a trial de novo.
(b) Each person who files an appeal pursuant to this section shall serve a copy of the complaint on the court of probate that rendered the order, denial or decree appealed from and 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 court of probate that rendered the order being appealed, 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 said court of probate, 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.
(c) 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 the court of probate and each interested party.
(d) 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 reasonably calculated to notify any necessary party not yet served.
(e) 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, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-703 or 45a-717 shall commence, unless a stay has been issued pursuant to subsection (f) of this section, not later than ninety days after the appeal has been filed.
(f) 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 Court of Probate or the Superior Court. The filing of a motion with the Court of Probate shall not preclude action by the Superior Court.
(g) Nothing in this section shall prevent any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, from filing a petition for a writ of habeas corpus, a petition for termination of involuntary representation or a petition for any other available remedy.
(1949 Rev., S. 7071; P.A. 75-190, S. 1, 2; P.A. 76-221; P.A. 78-280, S. 2, 127; P.A. 80-476, S. 92; P.A. 82-472, S. 174, 183; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-225, S. 3, 4; P.A. 95-220, S. 4-6; 95-254, S. 1, 5; P.A. 97-165, S. 9, 16; P.A. 07-116, S. 2.)
History: P.A. 75-190 added exception re appeals by state; P.A. 76-221 required giving of security for costs, recognizance with surety or bond, replacing less specific requirement for giving of "bond, with sufficient surety to the state, to prosecute such appeal to effect"; P.A. 78-280 replaced "county" with "judicial district"; P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-472 made technical change; Sec. 45-288 transferred to Sec. 45a-186 in 1991; P.A. 93-225 provided exception that appeal under Sec. 12-359(b) or Sec. 12-367(b) shall be filed in judicial district of Hartford-New Britain, effective July 1, 1993 (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public acts of the 1993 session of the general assembly, effective September 1, 1996); P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-254 amended Subsec. (a) by replacing language re appeal with reference to Subsec. (b) and added Subsec. (b) re appeals, including appeals re matters concerning removal of parent as guardian, termination of parental rights and adoption to be filed in superior court for juvenile matters; P.A. 97-165 amended Subsec. (b) to add reference to Sec. 12-395(b), effective July 1, 1997; P.A. 07-116 amended Subsec. (a) to replace "in accordance with subsection (b) of this section" with "not later than" 45 days re matters heard under enumerated sections, or 30 days re other matters, add provisions re commencement of appeal and complaint, and add references to Secs. 17a-498, 17a-685 and 45a-650, replaced former Subsec. (b) re filing of appeal with new Subsec. (b) re service of a copy of complaint by person who files the appeal, added Subsec. (c) re filing document with clerk of the Superior Court re service made, added Subsec. (d) re authority of Superior Court to make order of notice if service has not been made, added Subsec. (e) re hearing to commence, unless stay has been issued, not later than 90 days after appeal is filed, added Subsec. (f) re filing of appeal not, of itself, staying enforcement of order, denial or decree appealed from, and added Subsec. (g) re ability of person aggrieved to seek available remedy including habeas corpus or termination of involuntary representation.
Annotations to former section 45-288:
Appeal is confined to decree appealed from. 2 R. 159. It must appear from appeal that appellant is aggrieved or affected by decree. 2 R. 220; 4 D. 141; 34 C. 203; 46 C. 528; 52 C. 217; 55 C. 229; 70 C. 456; 107 C. 356. One appeal may be taken from several decrees. 6 C. 359; but see 79 C. 87. Appeal not affected by fact that all the other heirs are satisfied. 7 C. 226. Appeal lies from decree allowing credit in administration account for payment of claim against estate. 8 C. 90. Also, account omitting debts collected. 21 C. 244. Appellate court may admit same testimony as probate court could do. 9 C. 231; 74 C. 257. Every act of court of probate is subject of appeal. 10 C. 192; 97 C. 442. Later decree, if reversed, reverses prior inconsistent decree. 13 C. 224. Appellate court has jurisdiction only over decree appealed from. 15 C. 523; 89 C. 432. Objection that appellant has no interest must be preliminary. 22 C. 131. Appeal cannot be taken to adjourned term of court. 19 C. 1. Nor to regular term subsequent to its commencement. 24 C. 145. When appeal affects other than the executor, parties in interest shall defray expenses. 19 C. 416. Taxing costs on appeal is discretionary with court. Id., 534; 22 C. 271; 38 C. 308; 76 C. 654. When costs are to be paid by administrator. 19 C. 538. Whether decree may be affirmed in part only, quaere. 23 C. 522. Appeal does not vacate or suspend decree appealed from. 28 C. 442; 34 C. 112; Id., 362; 75 C. 312. Appellant may withdraw appeal on settlement with appellee notwithstanding objection of other interested parties who previously agreed with appellant that appeal should be taken in his name, they sharing in expense. 32 C. 334. Appellate court not confined to reasons for decree appearing from record of probate court. 39 C. 401. Appeal from decree appointing guardian within jurisdiction of appellate court. Id., 538. Technical rules of pleading do not apply. 34 C. 446; 48 C. 205; 80 C. 401. A decree once affirmed on appeal may be again appealed from by another party. 47 C. 259. An appeal cannot be taken from allowance or refusal to allow appeal. 49 C. 70; 76 C. 426. Appellate court cannot exercise equity powers that probate court cannot exercise. 53 C. 24. Refusal by probate court to appoint trustee proper subject of appeal. 54 C. 324. Legatee under prior will may appeal from decree probating later will. 57 C. 545. Attaching creditor cannot appeal from decree adjudicating debtor an insolvent. 59 C. 37. Distributees may appeal from decree accepting return of distribution not in accordance with terms of will. 64 C. 53. "Aggrieved" applies only to persons having a pecuniary interest in matter in controversy. Id., 533; 70 C. 457; 106 C. 587. Is civil process; return day. 76 C. 284; 83 C. 677; 84 C. 659. Trial is de novo; power of court. 76 C. 121; 97 C. 443. Appeal by infant through next friend. 76 C. 426. Husband who has renounced interest in wife's estate cannot be "aggrieved", but sole heir may be, by order approving compromise of claim. Id. Undue influence not in issue unless assigned in reasons of appeal. 74 C. 258. Though will is probated, appeal lies from distribution, on ground of invalidity of bequest. 79 C. 506. Appeal from allowance of account does not raise issue as to need of new inventory. 80 C. 623. Proper party to appeal from orders as to sale of ward's estate, after ward's death. 81 C. 127. Appeal from distribution cannot raise question of validity of appointment of administrator on estate of distributee. 83 C. 235. Burden of proof on appeal from allowance of account. 84 C. 659. Appeal lies from acceptance of distribution. 89 C. 421. Superior court has no greater power than probate court; 64 C. 360; 71 C. 132; 81 C. 161; 84 C. 560; can appoint administrator; 76 C. 121; id., 379; Settle account; 72 C. 555; 80 C. 401; determine domicile of deceased. 86 C. 351. Superior court cannot determine disputed question of title; 84 C. 560; see where trust provision is claimed to be invalid; 74 C. 601; 77 C. 705; power to construe will; 71 C. 122; court cannot pass on claims; 68 C. 84; power to determine allowance to widow. 69 C. 699. Not an "action" in such sense as to permit a jury trial. 90 C. 48. Written motion for appeal not necessary; mandamus lies to compel correction in appeal before service. 91 C. 110. Administrator cannot appeal from order appointing him; 88 C. 423; nor trustee in insolvency, from order refusing extension of time to present claims. 70 C. 455. No appeal lies from determination of distributees apart from order of distribution; 72 C. 322; but see where distributees fail to observe conditions imposed on estate. 64 C. 41; 71 C. 129. Appeal lies where probate court acted without jurisdiction. 71 C. 708. Appeals as to allowance of secured claims. 68 C. 184; 71 C. 708. Issues on appeal alleging testamentary capacity. 92 C. 173. Effect of clause in will providing for forfeiture if any beneficiary attacks will. Id., 173 ff. Appeal should be from precise order or act involved. 105 C. 609. Members of unascertainable, fluctuating group of beneficiaries of a public charity lack direct pecuniary interest necessary for appeal. 106 C. 587. Administrator removed upon admission of will is not entitled to appeal. 117 C. 201. Nor is trustee removed for neglect of duty. 129 C. 67. The word "aggrieved", as used in this statute, construed. 122 C. 331. Provision of will that order of probate court shall be conclusive and no appeal allowed, held invalid. 131 C. 471. Cited. 139 C. 740; 140 C. 686. When acting upon an appeal from probate, superior court is exercising special and limited powers. 139 C. 374. An aggrieved person must have not only a pecuniary interest but a pecuniary interest which has been injuriously affected by the decree appealed from. Id., 652; 143 C. 433. If an appellant is not actually aggrieved, appeal is void. Id., 733. Trustee under a will has duty to protect the interests of the beneficiaries of the trust and if such interests are adversely affected by a later will he is an aggrieved person to appeal from decree allowing later will. 140 C. 80. An aggrieved person is one who can show a direct pecuniary interest in the matter in controversy which interest the decree appealed from will in some way injuriously affect. 142 C. 379. One against whom a claim may be prosecuted is not "an aggrieved person". 143 C. 720. Limits of superior court's jurisdiction in appeals from probate. 147 C. 656. Superior court on appeal from probate sits as, and has no greater power than, a court of probate. 148 C. 642; 153 C. 603, 614. Superior court acts as a court of probate, exercising a special and limited statutory jurisdiction rather than its constitutional jurisdiction. It cannot by exercise of general equity powers relieve plaintiff from effect of late filing of appeal under section 45-289. 150 C. 563. Allegations that plaintiff is nephew, former ward and prospective heir of and "responsible for" alleged incompetent's care held insufficient to establish aggrievement within meaning of statute; there is no allegation his rights were adversely affected by appointment of conservator of property of incompetent. 154 C. 247. Appeal erased for want of jurisdiction where plaintiff had not shown himself to be an aggrieved person. Mere allegation that plaintiff is aggrieved without supporting factual allegations is not sufficient and allegation that he is only child of incompetent does not bestow on him a real interest in proceedings. 156 C. 625. Cited. 157 C. 576. Review of probate court may not include evidence of matters not in existence at date of probate court hearing. Id. In appeal from probate, superior court retries issues de novo and case is not presented on transcript of proceedings in probate court. 158 C. 217. Cited. Id., 293. To have standing as aggrieved party plaintiff must have pecuniary interest which is injuriously affected by decree appealed from. 160 C. 463, 467. Cited. 165 C. 207; Id., 478, 482. Administrator of an intestate estate appointed by the probate court and supplanted after discovery and probate of decedent's will by an administrator c.t.a. is not an "aggrieved person". 167 C. 396. Unless the plaintiffs are persons actually aggrieved by the order or decree, the superior court has no jurisdiction over the subject matter of the appeal; to qualify as an aggrieved person, the plaintiff must have a pecuniary interest in the subject matter of the decree or order, and that interest must be adversely affected by the decree or order from which the appeal is taken. 169 C. 218. Discussion of aggrievement. Id., 218, 220. Cited. Id., 382, 386. Cited 174 C. 482. Plaintiff who bid upon property of an estate offered for sale has an interest in the proceedings used by the court to approve the sale sufficient to make him an aggrieved party and confer standing. 180 C. 511. Cited. 182 C. 322. Cited. 185 C. 25. Cited. 186 C. 63; Id., 360. Cited. 194 C. 635. Cited. 195 C. 123. Cited. 208 C. 606. Cited. 211 C. 323. Cited. 216 C. 514.
A judgment creditor of an heir at law does not have standing to appeal as an aggrieved party where will disinheriting heir is admitted to probate. 1 CA 17. Cited. 2 CA 251; Id., 697. Cited. 3 CA 566. Cited. 4 CA 436. Cited. 6 CA 118; Id., 521; Id., 530. Cited. 9 CA 368; Id., 413. Cited. 11 CA 297. Cited. 13 CA 45. Cited. 19 CA 456. Cited. 20 CA 58. Cited. 22 CA 490.
In this section and in section 45-293 appear the requisites of an appeal from probate. 4 CS 208. Cited. 5 CS 169; 10 CS 503. Appeal not limited to parties but open to any person aggrieved. 13 CS 193. Failure to furnish bond renders the appeal voidable not void and the defect can be waived. Id., 440. Cited. 14 CS 432. Appeal from probate is an absolute right of one aggrieved of which he cannot be deprived by an omission of the court. 18 CS 48.
Aggrieved person. One claiming to be a legatee under a later will who was not named in a will admitted to probate by court decree. 8 CS 260. Applies only to person having a pecuniary interest. Id., 320; 10 CS 98; 12 CS 47; 13 CS 97; Id., 193. Beneficiary under an earlier will is. 14 CS 369. Analogous to section 31-249. 15 CS 62. Plaintiff's liability for support of her mother constituted her as one on an application for a finding of restoration of capacity for mother. Id., 177. Position of executor. 16 CS 460; 18 CS 98. One with a claim which could not be enforced against the administrator in his representative capacity is not. 20 CS 182. See note to section 45-289. On an appeal from probate, the superior court has no greater power than a court of probate. 21 CS 160. Neither the absolute right of appeal of an aggrieved party nor the jurisdiction of the superior court upon such an appeal may be defeated by the neglect or omission of the probate court. Id., 352. Generally speaking, the technical rules of pleading do not apply to the formation and determination of issues in appeals from probate to superior court. Id. In appeal re trustees' and attorney's fees superior court can only find whether fees were reasonable or not. 24 CS 470. If parties stipulate that superior court can fix reasonable fees, court can do so. Id. Where probate decree ordered coexecutors to restore part of sums paid one coexecutor and its attorneys, other coexecutor was aggrieved within meaning of this section since decree created a joint and several liability against him. 27 CS 110. Plaintiff's allegation in their motion for appeal that they are heirs at law of decedent and aggrieved by probate court order admitting will of decedent to probate at least prima facie establishes their interest. Id., 434. Executor's failure to appeal from probate court decree holding assignment by his decedent taxable as antemortem transfer could not be remedied by affirmative claim questioning taxability of transfer in executor's answer to tax commissioner's appeal from two other decisions in decree. 28 CS 210. Each probate appellant stands on his own feet and court will not permit another to join by citing him in. Id., 392. Cited. 34 CS 107. Cited. 38 CS 54. Cited. 39 CS 63; Id., 157.
Annotations to present section:
Cited. 226 C. 80. Cited. 228 C. 439. Cited. 237 C. 12; Id., 233. Cited. 238 C. 839. Cited. 239 C. 553. Superior Court has statutory authority to hear and determine appeals brought by person aggrieved by any Probate Court order, denial or decree. 276 C. 526.
Cited. 27 CA 333; Id., 479. Cited. 30 CA 334. Cited. 34 CA 579. Cited. 36 CA 143. Cited. 37 CA 137. Plaintiff was "aggrieved person" under section because of the combination of circumstances including fact that he was the person's only child, heir and had previously had power of attorney and the subsequent appointment of essential strangers as conservators threatened his ability to continue his relationship with his mother without being subject to control by the conservators. 84 CA 486.
Cited. 44 CS 169. Cited. 45 CS 533.
Subsec. (a):
There must be certainty, as distinguished from possibility, that a legally protected interest has been adversely affected in order for party to establish standing before probate court. The legally protected interest that may be affected must be an interest in the same matter before probate court, and not a protected interest in a different matter. 276 C. 782.
Cited. 45 CA 490.
