Rule 34 - Guardians of Estates of MinorsSection 34.1 When streamline notice procedure may be used in estate of minor proceedingSee rule 8.6.
Section 34.2 Hearing to review duties of guardian of estateBefore authorizing the guardian of the estate of a minor to take control of the assets of the estate, the court shall require the guardian to attend a hearing to review the duties of the guardian. If the guardian has executed a form published by the probate court administrator to acknowledge and agree to perform the duties of a guardian, the court may excuse attendance of the guardian at the hearing.
Section 34.3 Guardian of estate to send copy of inventory, financial report or account and affidavit of closing to each party and attorneyA guardian of the estate of a minor shall send a copy of the inventory and each supplemental or substitute inventory and each financial report or account and the affidavit of closing, at the time of filing, to each party and attorney of record and shall certify to the court that the copy has been sent.
(C.G.S. sections 45a-175 and 45a-634.)
Section 34.4 Restriction on use of estate of minor for support obligations(a) A guardian of the estate of a minor shall not use the assets of the estate for support expenses of the minor without prior court approval.(b) On petition of the guardian, the court may authorize use of the assets of the estate for reasonable and necessary support expenses of the minor if the court determines that:(1) no person is legally liable for support of the minor; or(2) the minor has a parent who has a support obligation, but the proposed expenditure is in the best interests of the minor. Section 34.5 Settlement of claims in favor of estate of minor(a) If a petitioner simultaneously files petitions seeking appointment as guardian of the estate of a minor and authority to settle a disputed or doubtful claim in favor of the estate, the court may treat the petitions as a single petition subject to one filing fee.(b) The petitioner shall accompany the petition to settle the claim with a settlement statement that includes:(1) the gross amount of the proposed settlement;(2) an itemized list of the expenses associated with the settlement, including any proposed attorney's fee;(3) the total amount of liens for medical expenses;(4) the anticipated net proceeds that the estate will receive; and(5) the terms of a proposed structured settlement, if any.(c) The petitioner shall present evidence that the proposed settlement is in the best interests of the minor. The court may require the petitioner to submit additional information, including, but not limited to: (3) medical expenses; and(4) health, liability and uninsured motorist insurance coverage.(d) The court may approve the proposed settlement if the court determines that the settlement is in the best interests of the minor.(e) The guardian shall file an inventory or supplemental or substitute inventory showing the proceeds of the settlement not later than 30 days after receipt.(C.G.S. section 45a-151.)
Section 34.5a Petitions to compromise multiple claims associated with same injury(a) If a guardian of the estate of a minor simultaneously files petitions to compromise more than one claim associated with the same injury, 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. Section 34.6 Sale of real property from estate of minor(a) A guardian of the estate of a minor may file a petition seeking authority to sell real property by private sale. The guardian shall accompany the petition with a copy of the contract of sale and, if not previously filed, an inventory or supplemental or substitute inventory that lists the property and includes a copy of the deed.(b) The guardian shall present evidence regarding the fair market value of the property. The court may require the guardian to submit a comparative market analysis, appraisal, municipal assessment or other information about the value of the property.(c) Notice of hearing on the petition shall not be required to be made by publication unless the court determines that notification of the public is necessary to protect the interests of the minor.(d) The court may approve the sale of the property if the court determines that the sale is in the best interests of the minor.(e) If a prospective purchaser other than the buyer identified in the petition indicates a willingness to paya price that is higher than the amount specified in the contract of sale, the court may deny the petition and order a public sale or take other action as the court determines to be in the best interests of the minor.(C.G.S. sections 45a-164 through 45a-168 and 45a-636.)
Section 34.6a Petitions to sell multiple parcels of real property(a) If a guardian of the estate of a minor simultaneously files petitions to sell multiple parcels of real property, 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. Section 34.7 Release of funds from restricted account in estate of minorSee section 35.7(f).
Section 34.8 When guardian of estate to submit financial report or account(a) A guardian of the estate of a minor shall submit an annual financial report or account for the first year following the guardian's appointment or, with prior court approval, for the first year following the guardian's first receipt of funds on behalf of the estate.(b) After submitting the first annual financial report or account under subsection (a), the guardian shall thereafter submit a periodic financial report or account at least once during each three-year period, unless the court directs more frequent accounts.(c) The guardian shall submit a final financial report or account when the minor reaches age 18 or when the guardian seeks to resign or is removed by the court.(d) If the guardian dies while administering the estate, the executor or administrator of the estate of the deceased guardian shall file, on behalf of the deceased guardian, a final financial report or account for the guardianship estate. If an executor or administrator has not been appointed for the estate of the deceased guardian, a successor guardian of the estate may file, on behalf of the deceased guardian, a final financial report or account for the guardianship estate.(C.G.S. sections 45a-175, 45a-177, 45a-180 and 45a-597.)
Section 34.9 Required contents of financial report or account of guardian of estateSee rules 36 through 38.
Section 34.10 When guardian of estate to verify restricted account in forceSee section 35.7(e).
Section 34.11 When estate assets fall below statutory threshold for guardianship(a) Except as provided in subsection (b), the court shall retain jurisdiction over the estate of a minor for which a guardian of the estate has been appointed even if the value of the estate falls below the maximum amount that a parent or guardian of the person may hold without a guardianship under C.G.S. section 45a-631.(b) On petition of the guardian, the court may authorize the guardian to transfer funds from the estate to a custodian under the Connecticut Uniform Transfers to Minors Act if the court finds that the requirements of C.G.S. section 45a-558c are met. Section 34.12 Reimbursement of probate fees to petitioner in estate of minor proceeding(a) On motion of a party or on the court's own motion, the court may order a guardian of the estate of a minor to reimburse a party for any probate fees incurred in making a petition to the court concerning the guardianship if the court determines that reimbursement of the fees is equitable. The court may act without notice and hearing. If the court determines that reimbursement of the fees is equitable, but the court previously waived the petitioning party's fees under C.G.S. section 45a-111(c), the guardian shall remit payment to the probate court administration fund. The reimbursed fees shall be paid from the estate as an administration expense.(b) If the court determines that expenditures from the estate must be restricted to maintain the minor's eligibility for public assistance, the court may deny a motion under subsection (a).(C.G.S. sections 45a-105 through 45a-112.)
Section 34.13 Petition to determine title relating to estate of minorIf the court declines jurisdiction to hear a petition concerning title to property relating to the estate of a minor under C.G.S. section 45a-98a(a), the court shall send written notice of the declination to each party and attorney of record.
(Probate Court Rules, section 8.10.)
Section 34.14 Criminal background checkAt any time during a proceeding relating to guardianship of the estate of a minor, the court may obtain a criminal background check of a guardian or proposed guardian.
HISTORY: Rule 34 adopted effective July 1, 2013. Section 34.12 amended effective July 1, 2015. Sections 34.5 and 34.6 amended and sections 34.5 a and 34.6a adopted effective July 1, 2017. Section 34.3 amended and section 34.14 adopted effective January 1, 2020. Section 34.8 amended effective July 1, 2022.
Rule 34 adopted effective 7/1/2013. Section 34.12 amended effective 7/1/2015. Sections 34.5 and 34.6 amended and sections 34.5 a and 34.6a adopted effective 7/1/2017. Section 34.3 amended and section 34.14 adopted effective 1/1/2020; Section 34.8 amended effective July 1, 2022.