Rule 7 - Filing RequirementsSection 7.1 General filing requirements(a) Except as provided in section 7.1 a, a registered filer who has been granted eFiling access to a matter under section 22.2 shall eFile all documents relating to the matter. A person without eFiling access to the matter shall file all documents in paper form.(b) A document filed with the court shall:(1) be typed or printed and, if submitted on paper, be prepared using ink;(2) be signed in accordance with section 7.4;(3) after the matter is commenced, refer to the name that the court assigned the matter; and(4) satisfy the filing requirements under governing statutes and these rules.(c) The court may accept for filing a document that is in substantial compliance with the requirements of subsection (b).(d) The court may require a party to file an amended or substitute document to correct a document previously filed with the court.(e) If required by these rules, a person filing a petition or other document shall send a copy of the petition or document to each party and attorney of record and certify to the court that the copy has been sent. If these rules do not require the filing party to send a copy of the petition or document to each party and attorney, the filing party shall send a copy of the filing to any party or attorney who requests it, free of charge. (Probate Court Rules, sections 5.5, 5.7, 10.1, 14.5, 18.5, 30.7, 30.12, 30.22, 30.23, 32.4, 33.8, 34.3, 36.5, 40.16, 43.4, 60.2, 61.9 and 71.7.)
Section 7.1 aDocuments not to be eFiledA person may not eFile:
(1) an original will, codicil or other testamentary document, including an exemplified copy of the will and record of proceedings to commence an ancillary estate under C.G.S. section 45a-288;(2) an original probate bond or bond rider;(3) an original record of adoption on a form published by the commissioner of public health;(4) an original record of paternity on a form published by the commissioner of public health; or(5) a document that the court requires in paper form. Section 7.2 Commencing a proceeding(a) To commence a proceeding, a petitioner shall file a petition, together with any filing fee required under section 6.1. The petition shall include: (1) a description of the action sought and the basis for the request;(2) the name and address of each party;(3) the date of birth of each party who is a minor; and(4) the name, address and position of trust of the legal representative of any party who has been adjudicated incapable.(b) The petitioner shall use reasonable efforts to determine the name and address of each party. If the petitioner is unable to determine the name or address of a party, the petition shall include a statement describing the efforts made to identify and locate the party.(c) A petitioner shall, in accordance with the Servicemembers Civil Relief Act, indicate whether a party is in the active military service of the United States when commencing a proceeding concerning:(3) a children's matter; or(4) any other matter in which adjudication of an interest of a servicemember is sought. (Servicemembers Civil Relief Act, 50 U.S.C. section 3931.)
Section 7.3 Forms(a) The court shall accept a document if it: (1) is filed using the latest revision of a form published by the probate court administrator; and(2) complies with sections 7.1 through 7.2.(b) The court may require documentation in addition to the information on the form.(c) Unless otherwise required by statute or these rules, use of a form published by the probate court administrator is not required. A petition not on a form published by the probate court administrator shall comply with the requirements of statute and these rules. Section 7.4 Signature required(a) Except as provided in subsection (b), the court shall not act on a request, motion, petition or other document unless the document is signed by the person seeking the action.(b) An attorney may sign a request, motion, petition or other document on behalf of a client if the document is not required to be signed under oath or penalty of false statement.(c) The court shall not act on a request, motion, petition or other document submitted to the court by facsimile or email, except that the court may act on the following documents if submitted by facsimile:(1) a written request for a hearing under section 8.6;(2) a commitment petition, including a request for a probable cause hearing; or(3) a request, motion, petition or other document if the court determines that immediate action is necessary.(d) Except as provided in subsections (b) and (e), each cofiduciary shall sign a request, motion, petition or other document filed in a matter.(e) A cofiduciary may submit a request, motion, petition or other document that is not signed by another cofiduciary if the filing includes a written statement explaining why the signature could not be obtained.(f) An electronic signature has the same effect as a handwritten signature. (C.G.S. sections 1-266 through 1-286.)
Section 7.5 Account numbers(a) Except as provided in subsections (b) through (d), when reporting information about an account held at a bank or other financial institution, the fiduciary may list the name of the financial institution and the last four digits of the account number in lieu of the full account number.(b) A petitioner filing an affidavit in lieu of administration shall list the name of the financial institution and full account number for each of the decedent's accounts.(c) A fiduciary required to establish a restricted account under section 35.7 shall report the name of the financial institution and full account number of the account.(d) The court may require the fiduciary to provide the full account number for an account if the court determines that disclosure is necessary. Rule 7 adopted effective 7/1/2013. Sections 7.1 and 7.2 amended and section 7.5 adopted effective 7/1/2017. Sections 7.1, 7.3 and 7.4 amended and section 7.1 a adopted effective 1/1/2020; Sections 7.1 and 7.1a amended effective July 1, 2022.