Section 6.1 Filing fee(a) Except in a proceeding concerning a decedent's estate or an accounting, a petitioner shall submit the statutory filing fee at the time of filing a petition, unless: (1) the court has waived or postponed the fee or the matter is exempt under C.G.S. section 45a-111;(2) the state of Connecticut is the petitioner; or(3) the filing fee for a competing petition in the same matter has already been paid.(b) Except as provided under subsection (a), a petition does not commence a matter until the required fee is paid. (C.G.S. sections 45a-105 through 45a-112.)
Section 6.2 Waiver of probate fees and expenses(a) A petitioner may request a waiver of probate fees and expenses, including the cost of service of process, at the time of filing the underlying petition. The request shall be filed on a form published by the probate court administrator and shall include any supporting information required by the court or the form.(b) The court may waive payment of probate fees and expenses if the court finds that a petitioner will be deprived of the right to bring a petition by reason of indigence or that a petitioner is otherwise unable to pay.(c) If the court waives payment of probate fees and expenses, the petitioner shall: (1) notify the court of a substantial change in financial circumstances during the pendency of the matter; and(2) file an updated request for waiver if required by the court. (C.G.S. sections 45a-111(c) and 52259b.)
Section 6.3 Withdrawal of petitionIf a petitioner withdraws a petition after notice of hearing has been sent, the petitioner is not entitled to a refund of the filing fee and expenses. The petitioner shall pay any expenses incurred under C.G.S. section 45a-109 before the withdrawal is filed.
Section 6.4 Payment of probate fees and expenses required before final decreeExcept as otherwise provided by statute, the court may withhold issuance of a decree on a final account in a decedent's estate or an account in any other matter until all probate fees and expenses have been paid.
Section 6.5 Copy of decree with court sealSection 6.5 is repealed effective January 1, 2020. Section 6.6 Petitions to review conduct of agent, compel account or construe power of attorney(a) If a person simultaneously files petitions to review the conduct ofan agent under a power of attorney, compel an account of the agent or construe a power of attorney, the court may treat the petitions as a single petition subject to one filing fee.(b) The court may charge a separate filing fee for a petition under subsection (a) if the court determines that it is necessary to hear the petitions separately.(C.G.S. sections 1-350o and 45a-175.)
Rule 6 adopted effective 7/1/2013. Sections 6.1 and 6.3 amended effective 7/1/2017. Section 6.6 adopted and 6.5 repealed effective 1/1/2020.