Detailed Answer
In Connecticut, probate courts oversee the appointment and removal of personal representatives. A personal representative administers an estate after someone passes away. If the court issues a decree removing you as personal representative, you have the right to appeal. Appeals allow you to challenge procedural errors, evidentiary issues or legal interpretations made by the probate court.
1. Understand the Deadline to Appeal
You must file a notice of appeal in the probate court within 20 days of the date on the court’s written decision. See Connecticut General Statutes §45a-186. Missing this deadline usually forfeits your right to challenge the removal.
2. Prepare the Notice of Appeal
The notice of appeal should include:
- The full name of the decedent’s estate and docket number
- The date of the probate court’s decree
- Your name as appellant and the court’s name
- A concise statement of the issues you plan to raise
3. File and Serve the Notice
File the notice and pay the required fee with the clerk of the probate court. Serve copies on all interested parties, including the successor personal representative and any beneficiaries, following court rules.
4. Record on Appeal and Transmission
After filing, request the court clerk to prepare the record on appeal. The probate court will transmit the record to Superior Court for a de novo hearing. At the Superior Court level, you may present new evidence and legal arguments afresh.
5. Attend the Superior Court Hearing
The Superior Court will schedule a hearing. Prepare to present your case, focusing on procedural errors or factual findings in the removal decree. The court may affirm, reverse or modify the probate court’s decision.
For more details on procedure, see Connecticut Probate Court Rules.
Helpful Hints
- Review the probate court’s written decision carefully to identify appealable issues.
- Consult the probate court clerk for local filing requirements and fees.
- Consider preparing an appellate brief outlining your legal arguments.
- Gather all relevant documents, such as inventories and hearing transcripts.
- Keep track of deadlines for filing briefs and motions in Superior Court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.