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New Developments in Probate

New Developments in Probate. Connecticut Funeral Directors Thursday , December 3, 2015 Paul J. Knierim Probate Court Administrator. Probate Court Restructuring. January 1 st will be 5 th year anniversary 117 courts consolidated into 54 Finances centralized B enefits:

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New Developments in Probate

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  1. New Developments in Probate Connecticut Funeral Directors Thursday, December 3, 2015 Paul J. Knierim Probate Court Administrator

  2. Probate Court Restructuring • January 1stwill 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

  3. 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

  4. Filing Fees (Other than Decedents’ Estates) • Most matters: Increase from $150 to $225 • Custody of remains increases from $25 to $150 Effective January 1, 2016

  5. Filing Fees for Accounts • 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

  6. Fees on Decedents’ Estates • 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

  7. Interest on Decedents’ Estate Fees • 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

  8. Probate Fee Lien • 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

  9. Probate Court Rules of Procedure • 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

  10. P.A. 13-81: Estate Examiner • 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

  11. P.A. 13-212: Access to Safe Deposit Box • 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

  12. P.A. 14-204: Custody of Remains • 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

  13. P.A. 15-217: Affidavit in Lieu of Administration • 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

  14. 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)

  15. Document Management System • 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

  16. Document Management System • 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

  17. E-Filing • 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

  18. Questions and Comments For more information, please contact: Office of the Probate Court Administrator 186 Newington Road West Hartford, CT 06110 (860) 231-2442 website: ctprobate.gov

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