connecticut funeral directors thursday, december 3, 2015 paul j. knierim probate court administrator...
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Budget for Fiscal Years and Eliminates general fund appropriation for Probate Courts Increases probate fee s to replace budget funds Filing fees Accounting fees Decedents’ estate fees 3TRANSCRIPT
Connecticut Funeral DirectorsThursday, December 3, 2015
Paul J. KnierimProbate Court Administrator
New Developments New Developments
in Probatein Probate
Probate Court Restructuring2
January 1st will be 5th year anniversary 117 courts consolidated into 54 Finances centralized Benefits:
All courts full-time Better facilities Uniform procedures System-wide compensation and benefits
plan Annual savings of $4 million
Budget for Fiscal Years 2015-16 and 2016-17
Eliminates general fund appropriation for Probate Courts
Increases probate fees to replace budget funds Filing fees Accounting fees Decedents’ estate fees
3
Filing Fees (Other than Decedents’ Estates)
4
Most matters: Increase from $150 to $225 Custody of remains increases from $25 to
$150
Effective January 1, 2016
Filing Fees for Accounts5
Fee is greater of: 0.05% of value of assets X number of years 0.05% of receipts
Minimum fee: $50 Maximum fee: $500/year
Effective January 1, 2016
Fees on Decedents’ Estates6
Rate increases to 0.5% on estates with basis for fees over $2 million
No cap (previously $12,500) New filing fees:
Open a safe deposit box: $50 Appoint estate examiner: $50 Mediation under regulation 22: $350/day
Effective for decedents dying on or after January 1, 2015
Interest on Decedents’ Estate Fees7
All estates must file estate tax return $2 million or less: No tax, submit return to
Probate Court Over $2 million: Taxable, submit return to
DRS and copy to Probate Court Court uses figures on estate tax return to
calculate probate fee invoice 6% interest applies if return is not filed in 6
months Exemptions:
Estates $40,000 or less Estates passing to spouse $500,000 or
less
Probate Fee Lien8
New lien for probate fees Additional to estate tax lien Applies to all real estate, including jointly-
owned property Applies to percentage fees and interest
Probate Court Rules of Procedure9
Comprehensive rewrite published in 2013 Goals:
Uniformity User ease Streamline non-contested cases Resolve contested cases quickly and
efficiently Rules are available on ctprobate.gov or
may be purchased in paperback Biennial update
P.A. 13-81: Estate Examiner10
Expands permissible roles of estate examiner Court can appoint estate examiner to:
Investigate decedent’s assets Determine whether a full or small estate is
needed Obtain information about possible wrongful
death or other claims
Identify non-probate assets such as life insurance
No fiduciary powers Information gathering only
P.A. 13-212: Access to Safe Deposit Box11
Prior law: Permitted only to locate will Expanded authority: Probate Court can
grant access to specified jointly-owned assets: Stocks and bonds Annuities Certificates of Deposit
Bank officer must inventory contents of box and report to court on items removed from box
P.A. 14-204: Custody of Remains12
Permits attorney in fact or conservator to execute document directing disposition of remains or designating
a person to have custody of remains Conservators:
Need explicit authority from Probate Court May not revoke prior document without court order Document terminates if conserved person is
restored If no designation of person to have custody and a
class of individuals is entitled to custody: Majority rule
P.A. 15-217: Affidavit in Lieu of Administration13
Small estate procedure applies when: Probate assets do not exceed $40,000 Decedent had no solely-owned real
estate Statute rewritten for clarity 30-day waiting period for DAS All claims must be listed May be used even if estate is insolvent
Probate Court IT Initiatives
Website with fillable forms and user guides (current)
Document management system (2016) Online billing for attorneys and
conservators (2017) Optional e-filing (2018-19)
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Re-engineered process for how clerks handle files
Filings digitized immediately on receipt QR code on forms tells the system:
Type of filing Expedited action required Confidential or sealed Ex Parte communication Record for permanent record Filing rejected
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Document Management System
Document Management System16
Users can scan QR code for website link Improved search capability
Documents filed with the case Search all courts from one location
Simpler forms with better instructions
E-Filing17
Users will have option of electronic filing “Interview” format to assist users in
preparing forms Labor saving for users and court staff Parties have online access to court files
Questions and Comments18
For more information, please contact:
Office of the Probate Court Administrator186 Newington Road
West Hartford, CT 06110(860) 231-2442
website: ctprobate.gov