Connecticut 2013 Regular Session

Connecticut House Bill HB06448 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	House Bill No. 6448
	1	+	General Assembly Raised Bill No. 6448
	2	+	January Session, 2013 LCO No. 3456
	3	+	_____HB06448FIN___051413____
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
2	7
3		-	Public Act No. 13-199
	8	+	General Assembly
	9	+
	10	+	Raised Bill No. 6448
	11	+
	12	+	January Session, 2013
	13	+
	14	+	LCO No. 3456
	15	+
	16	+	_____HB06448FIN___051413____
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
4	23
5	24		AN ACT CONCERNING PROBATE FEES.
6	25
7	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
8	27
9	28		Section 1. Section 45a-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
10	29
11	30		The basic fees payable to [courts of] probate courts for any proceeding other than in connection with the settlement of the estate of a deceased person or periodic accounts of trustees, guardians, conservators or other fiduciaries shall be as follows:
12	31
13	32		(1) Except for such proceedings for which basic fees are specified in subdivision (4), (5) or (6) of this section or are otherwise specified or exempted in section 45a-111, as amended by this act, or elsewhere in the general statutes, there shall be payable to the [Court of] Probate Court with respect to each application, petition or motion filed with the court to commence a matter before it, an entry fee of one hundred fifty dollars which shall be paid by the person making the application, petition or motion.
14	33
15	34		(2) On each matter commenced by the court on its own motion, an entry fee of one hundred fifty dollars shall be payable by an interested party as determined by the court.
16	35
17	36		(3) For the purposes of establishing fees payable to [courts of] probate courts under this section, all applications, petitions and motions filed and proceedings thereunder, in connection with a matter which has been entered as above, which are necessary to enter a final decree in and are incidental to the action of the court being sought in the matter so entered shall be covered by the entry fee and by any additional fee or expense under subdivision (6) of this section that may have become payable in such matter. No additional fees under this section shall be charged for any such incidental applications, petitions or motions, except that once a final decree is entered in any matter and, thereafter, additional action or actions are sought in the court in connection therewith, such additional action or actions shall be treated as a new matter under this section.
18	37
19	38		(4) For proceedings brought under section 46b-30, the fee shall be twenty-five dollars.
20	39
21	40		(5) For filing a will in the Probate Court, the fee shall be five dollars. For filing any other document in the [probate court] Probate Court under the provisions of any statute if the court is not required to take any action, the fee shall be twenty-five dollars, in addition to any applicable recording fee. Any fee under this subdivision shall be payable by the person filing such will or document.
22	41
23	42		(6) A fee of fifty dollars, plus the actual expenses of rescheduling the adjourned hearing that are payable under section 45a-109, as amended by this act, shall be payable to the court by any party who requests an adjournment of a scheduled hearing or whose failure to appear necessitates an adjournment, except that the court, for cause shown, may waive either the fifty-dollar fee or the actual expenses of rescheduling the adjourned hearing, or both.
24	43
25	44		(7) A fee of two hundred fifty dollars shall be payable to the Probate Court by a petitioner filing a motion to permit an attorney who has not been admitted as an attorney under the provisions of section 51-80 to appear pro hac vice in a matter in the Probate Court.
26	45
27	46		Sec. 2. Section 45a-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
28	47
29	48		(a) The basic fees for all proceedings in the settlement of the estate of any deceased person, including succession and estate tax proceedings, shall be in accordance with the provisions of this section.
30	49
31	50		(b) For estates in which proceedings were commenced on or after January 1, 2011, fees shall be computed as follows:
32	51
33	52		(1) The basis for fees shall be (A) the greatest of (i) the gross estate for succession tax purposes, as provided in section 12-349, (ii) the inventory, including all supplements thereto, (iii) the Connecticut taxable estate, as defined in section 12-391, or (iv) the gross estate for estate tax purposes, as provided in chapters 217 and 218, except as provided in subdivisions (5) and (6) of this subsection, plus (B) all damages recovered for injuries resulting in death, minus any hospital and medical expenses for treatment of such injuries resulting in death, minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance, and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for fees that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivisions (3) and (4) of this subsection, in no case shall the minimum fee be less than twenty-five dollars.
34	53
35	54		(2) Except as provided in subdivisions (3) and (4) of this subsection, fees shall be assessed in accordance with the following table:
36	55
37	56
38	57
39		-	Basis for Computation
40		-	Of Fees Total Fee
41		-	0 to $ 500 $ 25
42		-	$ 501 to $ 1,000 $ 50
43		-	$ 1,000 to $ 10,000 $ 50, plus 1% of all
44		-	in excess of $ 1,000
45		-	$ 10,000 to $ 500,000 $ 150, plus . 35% of all
46		-	in excess of $ 10,000
47		-	$ 500,000 to $ 4,754,000 $ 1,865, plus . 25% of all
48		-	in excess of $ 500,000
49		-	$ 4,754,000 and over $ 12,500
	58	+	T1 Basis for Computation
	59	+	T2 Of Fees Total Fee
	60	+	T3 0 to $500 $25
	61	+	T4 $501 to $1,000 $50
	62	+	T5 $1,000 to $10,000 $50, plus 1% of all
	63	+	T6 in excess of $1,000
	64	+	T7 $10,000 to $500,000 $150, plus .35% of all
	65	+	T8 in excess of $10,000
	66	+	T9 $500,000 to $4,754,000 $1,865, plus .25% of all
	67	+	T10 in excess of $500,000
	68	+	T11 $4,754,000 and over $12,500
	69	+
	70	+	T1
50	71
51	72		Basis for Computation
	73	+
	74	+	T2
52	75
53	76		Of Fees
54	77
55	78		Total Fee
56	79
57		-
	80	+	T3
58	81
59	82		0 to $500
60	83
61	84		$25
62	85
	86	+	T4
	87	+
63	88		$501 to $1,000
64	89
65	90		$50
	91	+
	92	+	T5
66	93
67	94		$1,000 to $10,000
68	95
69	96		$50, plus 1% of all
70	97
	98	+	T6
	99	+
71	100		in excess of $1,000
	101	+
	102	+	T7
72	103
73	104		$10,000 to $500,000
74	105
75	106		$150, plus .35% of all
76	107
	108	+	T8
	109	+
77	110		in excess of $10,000
	111	+
	112	+	T9
78	113
79	114		$500,000 to $4,754,000
80	115
81	116		$1,865, plus .25% of all
82	117
	118	+	T10
	119	+
83	120		in excess of $500,000
	121	+
	122	+	T11
84	123
85	124		$4,754,000 and over
86	125
87	126		$12,500
88	127
89	128		(3) Notwithstanding the provisions of subdivision (1) of this subsection, if the basis for fees is less than ten thousand dollars and a full estate is opened, the minimum fee shall be one hundred fifty dollars.
90	129
91	130		(4) In any matter in which the Commissioner of Administrative Services is the legal representative of the estate pursuant to section 4a-16, the fee shall be the lesser of (A) the amount calculated under subdivisions (1) and (2) of this subsection, or (B) the amount collected by the Commissioner of Administrative Services after paying the expense of funeral and burial in accordance with section 17b-84.
92	131
93	132		(5) In the case of a deceased person who was domiciled in this state on the date of his or her death, the gross estate for estate tax purposes shall, for the purpose of determining the basis for fees pursuant to subdivision (1) of this subsection, be reduced by the fair market value of any real property or tangible personal property of the deceased person situated outside of this state.
94	133
95	134		(6) In the case of a deceased person who was not domiciled in this state on the date of his or her death but who owned real property or tangible personal property situated in this state on the date of his or her death, only the fair market value of such real property or tangible personal property situated in this state shall be included in the basis for fees pursuant to subdivision (1) of this subsection.
96	135
97	136		(c) For estates in which proceedings were commenced on or after April 1, 1998, and prior to January 1, 2011, fees shall be computed as follows:
98	137
99	138		(1) The basis for fees shall be (A) the gross estate for succession tax purposes, as provided in section 12-349, the inventory, including all supplements thereto, the Connecticut taxable estate, as defined in section 12-391, or the gross estate for estate tax purposes, as provided in chapters 217 and 218, whichever is greater, plus (B) all damages recovered for injuries resulting in death, minus any hospital and medical expenses for treatment of such injuries resulting in death, minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for fees that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivision (3) of this subsection, in no case shall the minimum fee be less than twenty-five dollars.
100	139
101	140		(2) Except as provided in subdivisions (3) and (4) of this subsection, fees shall be assessed in accordance with the following table:
102	141
103	142
104	143
105		-	Basis for Computation
106		-	Of Fees Total Fee
107		-	0 to $ 500 $ 25
108		-	$ 501 to $ 1,000 $ 50
109		-	$ 1,000 to $ 10,000 $ 50, plus 1% of all
110		-	in excess of $ 1,000
111		-	$ 10,000 to $ 500,000 $ 150, plus . 35% of all
112		-	in excess of $ 10,000
113		-	$ 500,000 to $ 4,754,000 $ 1,865, plus . 25% of all
114		-	in excess of $ 500,000
115		-	$ 4,754,000 and over $ 12,500
	144	+	T12 Basis for Computation
	145	+	T13 Of Fees Total Fee
	146	+	T14 0 to $500 $25
	147	+	T15 $501 to $1,000 $50
	148	+	T16 $1,000 to $10,000 $50, plus 1% of all
	149	+	T17 in excess of $1,000
	150	+	T18 $10,000 to $500,000 $150, plus .35% of all
	151	+	T19 in excess of $10,000
	152	+	T20 $500,000 to $4,754,000 $1,865, plus .25% of all
	153	+	T21 in excess of $500,000
	154	+	T22 $4,754,000 and over $12,500
	155	+
	156	+	T12
116	157
117	158		Basis for Computation
	159	+
	160	+	T13
118	161
119	162		Of Fees
120	163
121	164		Total Fee
122	165
	166	+	T14
	167	+
123	168		0 to $500
124	169
125	170		$25
	171	+
	172	+	T15
126	173
127	174		$501 to $1,000
128	175
129	176		$50
130	177
	178	+	T16
	179	+
131	180		$1,000 to $10,000
132	181
133	182		$50, plus 1% of all
134	183
	184	+	T17
	185	+
135	186		in excess of $1,000
	187	+
	188	+	T18
136	189
137	190		$10,000 to $500,000
138	191
139	192		$150, plus .35% of all
140	193
	194	+	T19
	195	+
141	196		in excess of $10,000
	197	+
	198	+	T20
142	199
143	200		$500,000 to $4,754,000
144	201
145	202		$1,865, plus .25% of all
146	203
	204	+	T21
	205	+
147	206		in excess of $500,000
	207	+
	208	+	T22
148	209
149	210		$4,754,000 and over
150	211
151	212		$12,500
152	213
153	214		(3) Notwithstanding the provisions of subdivision (1) of this subsection, if the basis for fees is less than ten thousand dollars and a full estate is opened, the minimum fee shall be one hundred fifty dollars.
154	215
155	216		(4) In estates where the gross taxable estate is less than six hundred thousand dollars, in which no succession tax return is required to be filed, a probate fee of .1 per cent shall be charged against non-solely-owned real estate, in addition to any other fees computed under this section.
156	217
157	218		[(d) For estates in which proceedings were commenced on or after July 1, 1993, and prior to April 1, 1998, costs shall be computed as follows:
158	219
159	220		(1) The basis for costs shall be: (A) The gross estate for succession tax purposes, as provided in section 12-349, or the inventory, including all supplements thereto, whichever is greater, plus (B) all damages recovered for injuries resulting in death minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for costs that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivision (3) of this subsection, in no case shall the minimum cost be less than ten dollars.
160	221
161	222		(2) Except as provided in subdivision (3) of this subsection, costs shall be assessed in accordance with the following table:
162	223
163	224
164	225
165		-	Basis for Computation
166		-	Of Costs Total Cost
167		-	0 to $ 1,000 $ 10. 00
168		-	$ 1,000 to $ 10,000 $ 10, plus 1% of all
169		-	in excess of $ 1,000
170		-	$ 10,000 to $ 500,000 $ 100, plus . 30% of all
171		-	in excess of $ 10,000
172		-	$ 500,000 to $ 4,715,000 $ 1,570, plus . 20% of all
173		-	in excess of $ 500,000
174		-	$ 4,715,000 and over $ 10,000
	226	+	T23 Basis for Computation
	227	+	T24 Of Costs Total Cost
	228	+	T25 0 to $1,000 $10.00
	229	+	T26 $1,000 to $10,000 $10, plus 1% of all
	230	+	T27 in excess of $1,000
	231	+	T28 $10,000 to $500,000 $100, plus .30% of all
	232	+	T29 in excess of $10,000
	233	+	T30 $500,000 to $4,715,000 $1,570, plus .20% of all
	234	+	T31 in excess of $500,000
	235	+	T32 $4,715,000 and over $10,000
	236	+
	237	+	T23
175	238
176	239		Basis for Computation
	240	+
	241	+	T24
177	242
178	243		Of Costs
179	244
180	245		Total Cost
181	246
	247	+	T25
	248	+
182	249		0 to $1,000
183	250
184	251		$10.00
	252	+
	253	+	T26
185	254
186	255		$1,000 to $10,000
187	256
188	257		$10, plus 1% of all
189	258
	259	+	T27
	260	+
190	261		in excess of $1,000
	262	+
	263	+	T28
191	264
192	265		$10,000 to $500,000
193	266
194	267		$100, plus .30% of all
195	268
	269	+	T29
	270	+
196	271		in excess of $10,000
	272	+
	273	+	T30
197	274
198	275		$500,000 to $4,715,000
199	276
200	277		$1,570, plus .20% of all
201	278
	279	+	T31
	280	+
202	281		in excess of $500,000
	282	+
	283	+	T32
203	284
204	285		$4,715,000 and over
205	286
206	287		$10,000
207	288
208	289		(3) If the basis for costs is less than ten thousand dollars and a full estate is opened, the minimum cost shall be one hundred dollars.
209	290
210	291		(e) For estates in which proceedings were commenced on or after July 1, 1983, and prior to July 1, 1993, costs shall be computed as follows:
211	292
212	293		(1) The basis for costs shall be: (A) The gross estate for succession tax purposes, as provided in section 12-349, minus one-third of the first fifty thousand dollars of any part of the gross estate for succession tax purposes that passes other than by will or under the laws of intestacy, plus (B) all damages recovered for injuries resulting in death minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages.
213	294
214	295		(2) Costs shall be assessed in accordance with the following table:
215	296
216	297
217	298
218		-	Basis for Computation
219		-	Of Costs Total Cost
220		-	0 to $ 1,000 $ 10. 00
221		-	$ 1,000 to $ 10,000 $ 10, plus 1% of all
222		-	in excess of $ 1,000
223		-	$ 10,000 to $ 100,000 $ 100, plus . 30% of all
224		-	in excess of $ 10,000
225		-	$ 100,000 to $ 200,000 $ 370, plus . 25% of all
226		-	in excess of $ 100,000
227		-	$ 200,000 to $ 500,000 $ 620, plus . 2% of all
228		-	in excess of $ 200,000
229		-	$ 500,000 to $ 1,000,000 $ 1,220, plus . 15% of all
230		-	in excess of $ 500,000
231		-	$ 1,000,000 to $ 5,000,000 $ 1,970, plus . 125% of all
232		-	in excess of $ 1,000,000
233		-	$ 5,000,000 and over $ 6,970, plus . 1% of all
234		-	in excess of $ 5,000,000]
	299	+	T33 Basis for Computation
	300	+	T34 Of Costs Total Cost
	301	+	T35 0 to $1,000 $10.00
	302	+	T36 $1,000 to $10,000 $10, plus 1% of all
	303	+	T37 in excess of $1,000
	304	+	T38 $10,000 to $100,000 $100, plus .30% of all
	305	+	T39 in excess of $10,000
	306	+	T40 $100,000 to $200,000 $370, plus .25% of all
	307	+	T41 in excess of $100,000
	308	+	T42 $200,000 to $500,000 $620, plus .2% of all
	309	+	T43 in excess of $200,000
	310	+	T44 $500,000 to $1,000,000 $1,220, plus .15% of all
	311	+	T45 in excess of $500,000
	312	+	T46 $1,000,000 to $5,000,000 $1,970, plus .125% of all
	313	+	T47 in excess of $1,000,000
	314	+	T48 $5,000,000 and over $6,970, plus .1% of all
	315	+	T49 in excess of $5,000,000]
	316	+
	317	+	T33
235	318
236	319		Basis for Computation
	320	+
	321	+	T34
237	322
238	323		Of Costs
239	324
240	325		Total Cost
241	326
	327	+	T35
	328	+
242	329		0 to $1,000
243	330
244	331		$10.00
	332	+
	333	+	T36
245	334
246	335		$1,000 to $10,000
247	336
248	337		$10, plus 1% of all
249	338
	339	+	T37
	340	+
250	341		in excess of $1,000
	342	+
	343	+	T38
251	344
252	345		$10,000 to $100,000
253	346
254	347		$100, plus .30% of all
255	348
	349	+	T39
	350	+
256	351		in excess of $10,000
	352	+
	353	+	T40
257	354
258	355		$100,000 to $200,000
259	356
260	357		$370, plus .25% of all
261	358
	359	+	T41
	360	+
262	361		in excess of $100,000
	362	+
	363	+	T42
263	364
264	365		$200,000 to $500,000
265	366
266	367		$620, plus .2% of all
267	368
	369	+	T43
	370	+
268	371		in excess of $200,000
	372	+
	373	+	T44
269	374
270	375		$500,000 to $1,000,000
271	376
272	377		$1,220, plus .15% of all
273	378
	379	+	T45
	380	+
274	381		in excess of $500,000
	382	+
	383	+	T46
275	384
276	385		$1,000,000 to $5,000,000
277	386
278	387		$1,970, plus .125% of all
279	388
	389	+	T47
	390	+
280	391		in excess of $1,000,000
	392	+
	393	+	T48
281	394
282	395		$5,000,000 and over
283	396
284	397		$6,970, plus .1% of all
	398	+
	399	+	T49
285	400
286	401		in excess of $5,000,000]
287	402
288	403		[(f)] (d) A fee of fifty dollars shall be payable to the court by any creditor applying to the [Court of] Probate Court pursuant to section 45a-364 or 45a-401 for consideration of a claim. If such claim is allowed by the court, the court may order the fiduciary to reimburse the amount of such fee from the estate.
289	404
290	405		[(g)] (e) A fee of fifty dollars, plus the actual expenses of rescheduling the adjourned hearing that are payable under section 45a-109, as amended by this act, shall be payable to the court by any party who requests an adjournment of a scheduled hearing or whose failure to appear necessitates an adjournment, except that the court, for cause shown, may waive either the fifty-dollar fee or the actual expenses of rescheduling the adjourned hearing, or both.
291	406
292	407		(f) A fee of two hundred fifty dollars shall be payable to the Probate Court by a petitioner filing a motion to permit an attorney who has not been admitted as an attorney under the provisions of section 51-80 to appear pro hac vice in a matter in the Probate Court.
293	408
294	409		[(h) In] (g) Except as provided in subsections (d), (e) and (f) of this section, in no event shall any fee exceed ten thousand dollars for any estate in which proceedings were commenced prior to April 1, 1998, and twelve thousand five hundred dollars for any estate in which proceedings were commenced on or after April 1, 1998.
295	410
296	411		[(i)] (h) In the case of decedents who die on or after January 1, 2011:
297	412
298	413		(1) Any fees assessed under this section that are not paid within thirty days of the date of an invoice from the [court of probate] Probate Court shall bear interest at the rate of one-half of one per cent per month or portion thereof until paid;
299	414
300	415		(2) If a tax return or a copy of a tax return required under subparagraph (D) of subdivision (3) of subsection (b) of section 12-392 is not filed with a [court of] probate court by the due date for such return or copy under subdivision (1) of subsection (b) of section 12-392 or by the date an extension under subdivision (4) of subsection (b) of section 12-392 expires, the fees that would have been due under this section if such return or copy had been filed by such due date or expiration date shall bear interest at the rate of one-half of one per cent per month or portion thereof from the date that is thirty days after such due date or expiration date, whichever is later, until paid. If a return or copy is filed with a [court of] probate court on or before such due date or expiration date, whichever is later, the fees assessed shall bear interest as provided in subdivision (1) of this subsection;
301	416
302	417		(3) A [court of] probate court may extend the time for payment of any fees under this section, including interest, if it appears to the court that requiring payment by such due date or expiration date would cause undue hardship. No additional interest shall accrue during the period of such extension. A [court of] probate court may not waive interest outside of any extension period;
303	418
304	419		(4) The interest requirements in subdivisions (1) and (2) of this subsection shall not apply if:
305	420
306	421		(A) The basis for fees for the estate does not exceed forty thousand dollars; or
307	422
308	423		(B) The basis for fees for the estate does not exceed five hundred thousand dollars and any portion of the property included in the basis for fees passes to a surviving spouse.
309	424
310	425		Sec. 3. Section 45a-108 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
311	426
312	427		(a) (1) Except with respect to a decedent's estate, the basic fees for all proceedings in connection with allowance and settlement of a periodic or other account, after notice and hearing, regardless of the date of origin of the estate in which such account is filed, shall be in accordance with the following schedule:
313	428
314	429
315	430
316		-	If the [book] fiduciary acquisition value or Fee
317		-	market value or receipts, whichever is larger, is:
318		-	Less than $ 25,000 $ 50. 00
319		-	$ 25,000 to $ 375,000 . 20% thereof
320		-	$ 375,000 and over $ 750. 00
	431	+	T50 If the [book] fiduciary acquisition value or MMarketormarket value or Fee
	432	+	T51 market value or receipts, whichever is larger, is:
	433	+	T52 Less than $25,000 $50.00
	434	+	T53 $25,000 to $375,000 .20% thereof
	435	+	T54 $375,000 and over $750.00
321	436
322		-	If the [book] fiduciary acquisition value or
	437	+	T50
	438	+
	439	+	If the [book] fiduciary acquisition value or MMarketormarket value or
323	440
324	441		Fee
325	442
	443	+	T51
	444	+
326	445		market value or receipts, whichever is larger, is:
	446	+
	447	+	T52
327	448
328	449		Less than $25,000
329	450
330	451		$50.00
331	452
	453	+	T53
	454	+
332	455		$25,000 to $375,000
333	456
334	457		.20% thereof
	458	+
	459	+	T54
335	460
336	461		$375,000 and over
337	462
338	463		$750.00
339	464
340	465		(2) If more than one account is the subject of a hearing, the fees shall be based on the values in the most recent account being heard.
341	466
342	467		(b) For the purposes of this section, "fiduciary acquisition value" has the meaning set forth in the rules of procedure adopted under section 45a-78.
343	468
344	469		[(b)] (c) A fee of fifty dollars, plus the actual expenses of rescheduling the adjourned hearing that are payable under section 45a-109, as amended by this act, shall be payable to the court by any party who requests an adjournment of a scheduled hearing or whose failure to appear necessitates an adjournment, except that the court, for cause shown, may waive either the fifty-dollar fee or the actual expenses of rescheduling the adjourned hearing, or both.
345	470
346	471		(d) A fee of two hundred fifty dollars shall be payable to the Probate Court by a petitioner filing a motion to permit an attorney who has not been admitted as an attorney under the provisions of section 51-80 to appear pro hac vice in a matter in the Probate Court.
347	472
348	473		Sec. 4. Section 45a-105 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
349	474
350	475		The fees charged by [courts of] probate courts shall be uniform for all of the probate districts established by law. Fees shall be assessed in accordance with sections 45a-106 to 45a-112, inclusive, as amended by this act.
351	476
352	477		Sec. 5. Section 45a-109 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
353	478
354	479		In addition to the basic fees specified in sections 45a-106 to 45a-108, inclusive, as amended by this act, the following expenses shall be payable to the [courts of probate] Probate Courts: (1) For recording each page or fraction thereof after the first five pages of any one document, three dollars; (2) for each notice in excess of two with respect to any hearing or continued hearing, two dollars; (3) for any expenses incurred by the [court of probate] Probate Court for newspaper publication of notices, certified or registered mailing of notices, or for service of process or notice, the actual amount of the expenses so incurred; (4) for providing copies of any document from a file in the court of any matter within the jurisdiction of the court, five dollars for a copy of any such document up to five pages in length and one dollar per copy for each additional page or fractional part thereof as the case may be, except that there shall be furnished without charge to the fiduciary or, if none, to the petitioner with respect to any probate matter one uncertified copy of each decree, certificate or other court order setting forth the action of the court on any proceeding in such matter; (5) for certifying copies of any document from a file in the court of any matter before the court, five dollars per each copy certified for the first two pages of a document, and two dollars for each copy certified for each page after the second page of such document, except that no charge shall be made for any copy certified or otherwise that the court is required by statute to make; (6) for retrieval of a file not located on the premises of the court, the actual expense or ten dollars, whichever is greater; (7) for copying probate records through the use of a hand-held scanner, as defined in section 1-212, twenty dollars per day; and (8) for providing a digital copy of an audio recording of a hearing, twenty-five dollars.
355	480
356	481		Sec. 6. Subsections (c) and (d) of section 45a-111 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
357	482
358	483		(c) If a petitioner or applicant to a [court of] probate court claims that unless his or her obligation to pay the fees and the necessary expenses of the action, including the expense 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 expenses of the action, he or she may file with the clerk of such [court of] probate court an application for waiver of payment of such fees and necessary expenses. Such application shall be signed under penalty of false statement, shall state the applicant's financial circumstances, and shall identify the fees and expenses sought to be waived and the approximate amount of each. If the court finds that the applicant is unable to pay such fees and expenses, it shall order such fees and expenses waived. If such expenses include the expense of service of process, the court, in its order, shall indicate the method of service authorized and the expense of such service shall be paid from funds appropriated to the Judicial Department, except that, if funds have not been included in the budget of the Judicial Department for such expenses, such expenses shall be paid from the Probate Court Administration Fund.
359	484
360	485		(d) The court may, in its discretion, postpone payment of any entry fee or other fee or expense due under sections 45a-106 to 45a-112, inclusive, as amended by this act, and enter any matter if it appears to the court that to require such entry fee or other fee or expense 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 fees and expenses upon receipt of an invoice therefor from the court. [of probate.]
361	486
362	487		Sec. 7. Section 45a-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
363	488
364	489		When the state or any of its agencies is an applicant, petitioner or moving party commencing a matter in a [court of] probate court, or is otherwise liable for the fees or expenses under sections 45a-106 to 45a-112, inclusive, as amended by this act, the court shall accept such matter without the entry fee accompanying the filing thereof, and shall bill the entry fee or other fee or expense to the appropriate agency for subsequent payment, which payment shall be due and payable upon receipt of such bill.
365	490
366	491		Sec. 8. Section 45a-113a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
367	492
368	493		Whenever a probate court determines that a refund is due an applicant, petitioner, moving party or other person for any overpayment of costs, fees, charges or expenses incurred under the provisions of sections 45a-106 to 45a-112, inclusive, as amended by this act, the Probate Court Administrator shall, upon receipt of certification of such overpayment by the [court of probate] probate court that issued the invoice for such costs, fees, charges or expenses, cause a refund of such overpayment to be issued from the Probate Court Administration Fund.
	494	+
	495	+
	496	+
	497	+
	498	+	This act shall take effect as follows and shall amend the following sections:
	499	+	Section 1 January 1, 2014 45a-106
	500	+	Sec. 2 January 1, 2014 45a-107
	501	+	Sec. 3 January 1, 2014 45a-108
	502	+	Sec. 4 January 1, 2014 45a-105
	503	+	Sec. 5 January 1, 2014 45a-109
	504	+	Sec. 6 January 1, 2014 45a-111(c) and (d)
	505	+	Sec. 7 January 1, 2014 45a-112
	506	+	Sec. 8 January 1, 2014 45a-113a
	507	+
	508	+	This act shall take effect as follows and shall amend the following sections:
	509	+
	510	+	Section 1
	511	+
	512	+	January 1, 2014
	513	+
	514	+	45a-106
	515	+
	516	+	Sec. 2
	517	+
	518	+	January 1, 2014
	519	+
	520	+	45a-107
	521	+
	522	+	Sec. 3
	523	+
	524	+	January 1, 2014
	525	+
	526	+	45a-108
	527	+
	528	+	Sec. 4
	529	+
	530	+	January 1, 2014
	531	+
	532	+	45a-105
	533	+
	534	+	Sec. 5
	535	+
	536	+	January 1, 2014
	537	+
	538	+	45a-109
	539	+
	540	+	Sec. 6
	541	+
	542	+	January 1, 2014
	543	+
	544	+	45a-111(c) and (d)
	545	+
	546	+	Sec. 7
	547	+
	548	+	January 1, 2014
	549	+
	550	+	45a-112
	551	+
	552	+	Sec. 8
	553	+
	554	+	January 1, 2014
	555	+
	556	+	45a-113a
	557	+
	558	+
	559	+
	560	+	JUD Joint Favorable
	561	+	FIN Joint Favorable
	562	+
	563	+	JUD
	564	+
	565	+	Joint Favorable
	566	+
	567	+	FIN
	568	+
	569	+	Joint Favorable