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

Probate Court Restructuring 2 January 1 st will be 5 th 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 and Eliminates general fund appropriation for Probate Courts Increases probate fee s 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 Accounts 5 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’ Estates 6 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 Fees 7 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 Lien 8 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 Procedure 9 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 : Estate Examiner 10 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 : Access to Safe Deposit Box 11 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 : Custody of Remains 12 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 : Affidavit in Lieu of Administration 13 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 ( ) 14

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 15 Document Management System

16 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-Filing 17 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 Comments 18 For more information, please contact: Office of the Probate Court Administrator 186 Newington Road West Hartford, CT (860) website: ctprobate.gov