State Codes and Statutes

Statutes > Connecticut > Title45a > Chap801b > Sec45a-188

      Sec. 45a-188. (Formerly Sec. 45-291). Time of taking appeals by minors or nonresidents. (a) Except as provided in this section, all appeals by persons who are minors at the time of the making of the order, denial or decree appealed from shall be taken within twelve months after they arrive at the age of majority.

      (b) In the case of any minor who has a guardian or guardian ad litem appointed and qualified by any court of probate in this state at the time of the making of the order, denial or decree, the time in which the minor or anyone on his behalf may appeal therefrom shall be one month from the date of such order, denial or decree if the guardian or guardian ad litem has had legal notice, as provided for the particular proceeding, of the time and place of the hearing on such proceeding concerning which such order, denial or decree was made.

      (c) All appeals by persons not inhabitants of this state who were not present at such time and did not have legal notice to be present shall be taken within twelve months thereafter.

      (d) Any judge or clerk of the Court of Probate or any fiduciary may cause written notice of any order, denial or decree of the Court of Probate to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby. In any such case the person, minor, guardian or guardian ad litem may appeal only within one month after receiving such notice.

      (1949 Rev., S. 7073; P.A. 80-476, S. 94; P.A. 82-277.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions; P.A. 82-277 amended Subsec. (d) to permit the judge or clerk of the court of probate or any fiduciary to give written notice of any court decree where previously "any executor, administrator or trustee of an estate" gave such notice; Sec. 45-291 transferred to Sec. 45a-188 in 1991.

      Annotations to former section 45-291:

      Appeal after time voidable, but not void. 61 C. 386. Right of guardian to compromise disputed claim may be tested by ward upon attaining his majority. 110 C. 162. Cited. 129 C. 315. Cited. 163 C. 439. When written waiver of notice is filed, notice requirement of this section is satisfied. 169 C. 382, 384, 385.

      Publication of notice of a probate hearing in local newspaper not "legal notice" to nonresident. 8 CS 262. Executor could properly adopt the notice sent by the assistant clerk as his own act. Id., 543. Legal notice to nonresidents is not actual notice but notice given upon order of the court. 22 CS 232. Cited. 28 CS 393.

      Subsec. (c):

      Cited. 185 C. 25.

      Subsec. (d):

      Twelve-month appeal period not reduced to one month where notice of the probate court's decree not given by one of officials referred to in the statutes. 185 C. 25.