2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 801b Probate Court Procedures
Sec. 45a-111. Exemptions, waivers and reduction of costs.

      Sec. 45a-111. Exemptions, waivers and reduction of costs. (a) No cost shall be charged for any proceedings in the settlement of the estate of any member of the armed forces who died while in service in time of war as defined in section 27-103.

      (b) No fees shall be charged under sections 45a-106 to 45a-112, inclusive, or under section 45a-727 for adoption proceedings involving special needs children.

      (c) If a petitioner or applicant to a court of probate claims that unless his or her obligation to pay the fees and the necessary costs of the action, including the cost of service of process, is waived, such petitioner or applicant will be deprived by reason of his or her indigency of his or her right to bring a petition or application to such court or that he or she is otherwise unable to pay the fees and necessary costs of the action, he or she may file with the clerk of such court of probate an application for waiver of payment of such fees and necessary costs. Such application shall be signed under penalty of false statement, shall state the applicant's financial circumstances, and shall identify the fees and costs sought to be waived and the approximate amount of each. If the court finds that the applicant is unable to pay such fees and costs it shall order such fees and costs waived. If such costs include the cost of service of process, the court, in its order, shall indicate the method of service authorized and the cost of such service shall be paid from funds appropriated to the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such costs, such costs shall be paid from the Probate Court Administration Fund.

      (d) The court may, in its discretion, postpone payment of any entry fee or other charge due under sections 45a-106 to 45a-112, inclusive, and enter any matter if it appears to the court that to require such entry fee to accompany submission of the matter would cause undue delay or hardship, but in such case the applicant, petitioner or moving party shall be liable for the entry fee and all other charges upon receipt of an invoice therefor from the court of probate.

      (e) Any fee charged under the provisions of sections 45a-106 to 45a-112, inclusive, shall not be subject to the tax imposed under chapter 219.

      (P.A. 90-146, S. 7; P.A. 92-46, S. 2; P.A. 96-170, S. 14, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 14; P.A. 09-114, S. 17.)

      History: P.A. 92-46 amended Subsec. (c) by adding provision that any fee waived under section shall be reimbursed to probate court by probate court administration fund; P.A. 96-170 amended Subsec. (c) by changing funding of costs of service of process from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 99-84 amended Subsec. (c) by deleting "under oath" and inserting "signed under penalty of false statement"; P.A. 09-114 amended Subsec. (c) to delete provisions re reimbursement of waived fees, effective January 1, 2011.

      Subsec. (b):

      See Secs. 17a-116 to 17a-119, inclusive, re subsidies for adoption of "special needs" children.