Section 8.1Notice of hearingUnless otherwise provided by law or these rules, the court shall:
(1) schedule a hearing or conference, as applicable, on each motion or petition, including the court's own motion; and(2) give notice of each hearing or conference in the manner provided in sections 8.2 through 8.9. (C.G.S. section 45a-124; Probate Court Rules, rules 60 and 69.)
Section 8.2To whom notice is given(a) The court shall give notice under section 8.1 to each:(3) fiduciary for a party under section 4.2; and(4) other person required by law.(b) If a proceeding may affect a charitable interest or beneficiary, the court shall give notice to the Attorney General under section 8.1.(c) Unless otherwise prohibited by law, the court may give notice under section 8.1 to any person who: (1) requests notice in writing under C.G.S. section 45a-127; or(2) the court determines has a sufficient interest in the proceedings.(d) On request of a party or on the court's own motion, the court may remove a person from the list of persons to whom the court will give notice of future proceedings if the court determines that the person is not entitled to notice under subsection (a). The court may act without notice and hearing. If the court removes a person from the list, the court shall notify the person, in writing, of the removal and inform the person that a written request for special notice may be made under C.G.S. section 45a-127. (C.G.S. section 3-125.)
Section 8.3Change of address while matter is pending(a) A party shall inform the court and the fiduciary, if any, of a change in address of the party during the pendency of the matter.(b) A fiduciary shall use reasonable efforts to keep informed of any change in address of a party to whom the fiduciary owes a fiduciary duty and shall notify the court of the change.(c) If there is no fiduciary, a petitioner shall use reasonable efforts to keep informed of any change in address of a party during the pendency of the matter and shall notify the court of the change. Section 8.4Contents of notice of hearingA notice of hearing or conference shall include:
(1) a description of the motion or petition to be heard or the subject matter of the conference;(2) the time and place of the hearing or conference; and(3) a list of the names and addresses of parties, attorneys and others to whom notice is being sent. Section 8.5How notice of hearing given(a) Unless otherwise required by law, the court shall give notice of hearing or conference to each person entitled to notice under section 8.2 by: (1) eService to each registered filer and regular mail to each person who is not a registered filer; or(2) other method that the court determines necessary to notify a person of the hearing.(b) Notice by mail is complete on mailing. Notice by eService is complete on transmission.(c) Unless otherwise required by law or directed by the court, the court shall give notice of hearing or conference at least seven days before the hearing or conference.(d) The court shall certify on the record the date and manner by which notice was given.(e) If, before commencing a hearing or conference, the court reschedules the hearing or conference to another date and time, the court shall give notice of the rescheduled hearing or conference in accordance with this section. After commencing a hearing or conference at which parties are in attendance, the court may announce the date and time when the hearing or conference will continue without giving additional written notice. (C.G.S. sections 45a-125, 45a-126(b) and 45a-136f(b).)
Section 8.6Streamline notice procedure(a) The streamline notice procedure described in subsections (b) through (f) is an alternative method of notifying the parties of a pending petition. For the types of matters described in subsections (g) and (h), use of the streamline notice procedure under this section satisfies a requirement for notice and hearing under statute or these rules.(b) When using the streamline notice procedure, the court shall give notice of the right to request a hearing to each person that the court determines is entitled to notice under section 8.2.(c) A notice of the right to request a hearing shall include a statement that: (1) the court will, on written request of a party, schedule a hearing on the motion or petition;(2) the court must receive the written request for a hearing on or before the date specified in the notice; and(3) the court may approve the motion or petition without a hearing if a written request for a hearing is not received on or before the date specified in the notice.(d) The court shall give notice of the right to request a hearing at least ten days before the deadline to request a hearing.(e) If the court receives a timely written request for a hearing, the court shall schedule a hearing and give notice of the hearing.(f) If the court does not receive a timely written request for a hearing, the court may approve the motion or petition. The court may not deny the motion or petition without scheduling a hearing and giving notice of the hearing.(g) Except as provided in subsection (i), the court shall use the streamline notice procedure under this section in the following types of matters:(1) decedents' estates; and(h) Except as provided in subsection (i), the court may use the streamline notice procedure under this section in the following types of matters: (1) an account of a guardian of the estate of a minor;(2) an account of a conservator of the estate or petition to excuse an account under section 33.17;(3) an account of a guardian of an adult with intellectual disability;(4) an account of an agent acting under a power of attorney;(5) a motion to modify visitation orders;(6) a motion to transfer a probate file between probate courts under C.G.S. section 45a-599 or 45a-677(h);(7) a motion to transfer a contested children's matter to the Superior Court under C.G.S. section 45a-623 or 45a-715(g);(8) a petition to transfer a conservatorship matter to another state or accept a transfer from another state under C.G.S. section 45a-667p or 45a-667q; and(9) a motion to transfer a children's matter to a Regional Children's Probate Court by a court that does not participate in a children's court under section 18.5.(i) The court shall schedule a hearing rather than using the streamline notice procedure for a proceeding specified in subsection (g) or (h) if the court determines that: (1) the matter is contested or requires testimony or legal argument;(2) public notice is required to protect the interests of a party;(3) the circumstances related to the particular petition require the conduct of a hearing with attendance by a party; or(4) the matter involves the doctrine of cy pres or equitable deviation or the construction of a document that affects a charitable beneficiary or interest. (C.G.S. sections 45a-124 through 45a-126, 45a-598 and 45a-612; Probate Court Rules, sections 18.1, 18.4 and 18.5.)
Section 8.7Waiver of notice of hearing(a) A party may waive the party's right to notice of hearing by filing a written waiver of notice.(b) A fiduciary identified in section 4.2 may waive notice of hearing on behalf of the individual for whom the fiduciary acts by filing a written waiver of notice. Section 8.8Address unknown; notice of hearing returned undelivered(a) Except as otherwise provided by law, if the name or address of a party is unknown, the court may give public notice of a hearing, appoint a guardian ad litem for the person, dispense with notice or take other appropriate action.(b) If, before a hearing, notice to a person is returned to the court undelivered, the court may order additional notice, give public notice, appoint a guardian ad litem for the person, dispense with notice or take other appropriate action.(c) If, after the hearing but before a decree is issued, the court is notified of a new address for a person who might not have received notice of the hearing, the court may delay issuance of the decree for a reasonable period to allow the person to request another hearing or waive notice of hearing. The court shall give notice of the delay, including the period and reason for the delay, to each person that the court determines is entitled to notice under section 8.2.(d) If, after a decree is issued, the court is notified of a new address for a person who might not have received notice of the hearing, the court shall send a copy of the decree to the person and a statement that the person may wish to consult an attorney.(e) If a person appears at a hearing for which the person did not receive proper notice, the court may proceed with the hearing unless:(1) the court determines, on objection raised at the hearing, that the person would be prejudiced by the lack of notice; or(2) the matter is a conservatorship proceeding and the respondent was not personally served as required under C.G.S. section 45a-649(a)(2). (C.G.S. sections 45a-128, 45a-187, 45a-609(b) and 45a-716(c); Probate Court Rules, section 40.9.)
Section 8.9Notice of hearing for member of military service(a) A party to a proceeding identified under section 7.2(c) who is in the active military service of the United States may file a special appearance indicating the address to which notice can be sent.(b) If the party does not file a special appearance under subsection (a), the court shall appoint an attorney for the party and send notice of the appointment to each party and attorney of record.(c) The court shall not issue a final decision in a matter identified in section 7.2(c) unless the requirements of subsection (a) or (b) have been satisfied. (Servicemembers Civil Relief Act, 50 U.S.C. section 3931.)
Section 8.10Decree(a) The court shall send a copy of each decree to each person entitled to notice under section 8.2, free of charge, by transmitting: (1) a digital image of the decree to each registered filer; and(2) a paper copy of the decree to each person who is not a registered filer.(b) On request, the court shall send a paper copy of the decree to a fiduciary bearing the court seal free of charge.(c) Unless a different time is required by law or directed by the court, the court shall send the decree not later than ten days after the date of the decree.(d) The court shall certify the date the decree was sent and the persons to whom the decree was sent. The court shall send the certification together with the decree. (C.G.S. sections 45a-186 and 51-53.)
Rule 8 adopted effective 7/1/2013. Section 8.2 amended effective 7/1/2015. Section 8.10 amended July 1, 2017. Sections 8.1, 8.5, 8.6, 8.8 and 8.10 amended effective 1/1/2020; Section 8.6 amended effective 7/1/2022; Section 8.6 amended effective 7/1/2024.