2022 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801b - Probate Court Procedures
Section 45a-186. (Formerly Sec. 45-288). - Appeals from probate. Venue. Service of process. Referral to special assignment probate judge.

(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 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, or sections 45a-690 to 45a-703, inclusive, 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 order, 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 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 any superior court for juvenile matters having jurisdiction over matters arising 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 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 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 shall 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 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 or 45a-717 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 Probate 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 involuntary 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 probate judge pursuant to this subsection: Appeals 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, 19a-131b, children's matters as defined in subsection (a) of section 45a-8a, sections 45a-644 to 45a-663, inclusive, 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700, inclusive, and any matter in a Probate Court heard on the record in accordance with sections 51-72 and 51-73.

(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; P.A. 09-114, S. 14; Sept. Sp. Sess. P.A. 09-1, S. 3; P.A. 11-128, S. 11; P.A. 13-81, S. 4; P.A. 16-49, S. 17; P.A. 19-47, S. 10; P.A. 21-40, S. 42, 43; 21-100, S. 9.)

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; P.A. 09-114 amended Subsec. (b) to provide that copy of complaint be mailed to, rather than served on, the court appealed from and to make conforming changes, and added Subsec. (h) re referral to special assignment probate judge, effective January 5, 2011; Sept. Sp. Sess. P.A. 09-1 amended Subsec. (a) to add provision re venue for appeals when court of probate is in a probate district that is in more than one judicial district and, in Subdiv. (2), to provide that appeals may be filed in any superior court having jurisdiction over matters arising in any town within probate district, effective January 5, 2011; P.A. 11-128 amended Subsec. (a) to add “Except as provided in sections 45a-187 and 45a-188”; P.A. 13-81 amended Subsec. (a) to add references to Secs. 17a-543, 17a-543a and 45a-644 to 45a-667v and delete reference to Sec. 45a-650, amended Subsec. (b) to delete requirement that person who files appeal mail copy of complaint to court that rendered order, denial or decree, added new Subsec. (c) re person who files appeal to mail copy of complaint to court that rendered the order, denial or decree and re court and judge not to be made or named as parties to the appeal, redesignated existing Subsecs. (c) to (h) as Subsecs. (d) to (i), amended redesignated Subsec. (d)(2) to require statement of the date and manner in which copy of complaint was mailed to court that rendered order, denial or decree, substituted “Probate Court” for “court of probate” and made technical changes; P.A. 16-49 amended Subsec. (i)(3) to delete reference to Sec. 45a-684; P.A. 19-47 deleted former Subsec. (a) re appeals from order, denial or decree of Probate Court, added new Subsec. (a) defining “electronic service”, added new Subsecs. (b) to (d) re appeals from order, denial or decree of Probate Court, redesignated existing Subsecs. (b) to (i) as Subsecs. (e) to (l) and made a conforming change in redesignated Subsec. (f), effective June 26, 2019; P.A. 21-40 amended Subsec. (b) by substituting reference to Sec. 45a-703 for reference to Sec. 45a-705 and amended Subsec. (l)(3) by substituting reference to Sec. 45a-669 for reference to Sec. 45a-668; P.A. 21-100 amended Subsecs. (d), (i) and (l)(3) to add references to Sec. 19a-131b, effective July 1, 2021.