Senate Bill No. 940
Public Act No. 21-183
AN ACT CONCERNING STATE AGENCY COMPLIANCE WITH
PROBATE COURT ORDERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) Each state agency shall
recognize, apply and honor any order, denial or decree of a Probate
Court that such court is statutorily authorized to issue. Any party
aggrieved by such an order, denial or decree of a Probate Court may
appeal therefrom to the Superior Court in accordance with section 45a-
186 of the general statutes, as amended by this act.
(b) For the purposes of this section, "state agency" means an agency,
as defined in section 4-166 of the general statutes.
Sec. 2. Section 45a-186 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(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 Senate Bill No. 940
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[45a-705] 45a-705a, 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 or section 1 of this act 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 or
17a-685, 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 Senate Bill No. 940
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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, 45a-
650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-
703, [or] 45a-717 or section 1 of this act 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. Senate Bill No. 940
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(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 (A) 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, (B) of
children's matters as defined in subsection (a) of section 45a-8a, (C)
under section 1 of this act, (D) under sections 45a-644 to 45a-663,
inclusive, [45a-668] 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700,
inclusive, and (E) any matter in a Probate Court heard on the record in
accordance with sections 51-72 and 51-73. Senate Bill No. 940
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