Contesting an Estate Accounting in Connecticut More Than One Year After Court Approval

Detailed answer — overview and possible routes

Short answer: It is more difficult to contest a probate accounting long after the court approved it, but it is sometimes possible. Your options in Connecticut will depend on whether you missed a statutory appeal deadline, whether you had proper notice, and whether there is evidence of fraud, mistake, newly discovered evidence, or misconduct by the personal representative (executor/administrator).

1. Check whether an appeal deadline or other statutory deadline already bars review

Most probate orders have a limited window for a direct appeal to the Connecticut Superior Court. If you (or your attorney) did not file a timely appeal from the probate court’s approval of the accounting, a direct appeal is usually no longer available. Deadlines and procedural rules governing appeals and probate procedure are set out in Connecticut law and the Probate Court rules. See general information from the Connecticut Probate Courts and the Connecticut General Assembly for statutes and guidance: Connecticut Judicial Branch – Probate Courts and Connecticut General Assembly (statutes).

2. When reopening in probate court may be possible

Even if the usual appeal period has passed, the probate court may have the power to reopen a matter in certain circumstances. Typical grounds that might persuade a court to reopen or set aside an approved accounting include:

• fraud, forgery, or intentional concealment of assets;
• lack of proper notice to interested persons (heirs, beneficiaries, creditors);
• a material mistake in the accounting or the court’s order;
• newly discovered evidence that could not reasonably have been discovered earlier; or
• the court lacked jurisdiction or the personal representative acted without authority.

To ask the probate court to reopen the accounting, you would typically file a petition (sometimes called a motion to set aside or to reopen) specifying the legal and factual basis for relief and asking the court to order a new accounting, surcharge the fiduciary, remove the fiduciary, or grant other relief. The probate court has equitable powers but will require a strong factual showing — especially after a long delay.

3. Civil claims in Superior Court (breach of fiduciary duty, surcharge, conversion)

If reopening the probate administration is not effective or available, you may be able to bring a separate civil action in Connecticut Superior Court against the personal representative for breach of fiduciary duty, conversion, embezzlement, or related claims. Remedies in Superior Court can include money damages, equitable relief, and an order requiring an accounting. Keep in mind that civil suits are subject to statutes of limitations, which vary by claim and trigger either at the time of the wrongful act or at the time the wrongdoing was discovered (discovery rule). You should consult an attorney quickly to determine applicable time limits.

4. Criminal referral

If the accounting hides criminal activity (theft, embezzlement), you can report the conduct to law enforcement or the state’s attorney. Criminal proceedings have separate standards and timelines; reporting a crime will not by itself reopen a probate accounting, but a criminal conviction can strongly support civil or probate claims later.

5. Practical steps to take now

1. Obtain complete probate records: certified copies of the probate file, the final accounting, the decree or order approving the accounting, inventories, and records of notices sent. Contact the probate clerk if you don’t already have these records.
2. Document the problem: gather bank statements, cancelled checks, transfer documents, communications, and any evidence that funds were misapplied, omitted, or concealed.
3. Preserve evidence: save digital files and original documents; consider getting a forensic accountant to review financials if the sums are significant.
4. Talk to a probate attorney quickly: an attorney can review the file, identify deadlines, and advise whether to petition the probate court to reopen or file a Superior Court claim.

6. Likely outcomes courts consider

When deciding whether to reopen an accounting, Connecticut probate courts will balance finality against fairness. Key factors include whether the moving party had notice, the reason for delay, whether the petition alleges clear and convincing evidence of misconduct or mistake, prejudice to the fiduciary or beneficiaries, and whether an adequate remedy exists in probate or civil court.

7. Time sensitivity — act now

Because time limits and procedural rules can be short and fact-specific, you should act promptly. Important deadlines can include appeal periods, statutes of limitations for civil claims, and creditor claim deadlines. Even if the approval occurred more than a year ago, certain doctrines (discovery rule, fraud exception, lack of notice) can extend or toll deadlines in proper cases — but you need an attorney to evaluate and plead those exceptions correctly.

Where to look in Connecticut law and court resources

Connecticut probate procedure and the rules governing probate court authority and appeals are contained in the Connecticut General Statutes and the Probate Court rules. Useful official starting points:

• Connecticut Judicial Branch – Probate Courts (information on local probate offices, records, and general procedures)
• Connecticut General Assembly (searchable statutes; use this site to find statutes addressing probate proceedings, appeals, and fiduciary duties)

Important: This summary explains common avenues and is educational. Specific deadlines, forms, and procedures depend on the exact facts and documents in your case.

Disclaimer: I am not a lawyer. This is general information and not legal advice. For advice about your situation, consult a Connecticut probate attorney who can review your file and explain the deadlines and remedies that apply to your case.

Helpful hints — quick checklist if you want to contest an accounting more than a year later

• Get certified copies of the probate file and the order approving the accounting immediately from the probate clerk.
• Check whether you received formal notice of the accounting or the approval hearing — lack of notice is a strong ground for reopening.
• Collect bank records, statements, and transaction histories for the estate from the relevant time period.
• Talk to an attorney experienced in Connecticut probate and fiduciary litigation — early counsel helps identify deadlines and preserve claims.
• If you suspect fraud or theft, preserve originals and consider contacting law enforcement in parallel with civil or probate steps.
• Be prepared to show why you could not have discovered the issue earlier (newly discovered evidence or discovery rule) if you file late.
• Consider whether a forensic accountant is necessary—large or complex estates often need a financial expert to document losses or concealment.
• Ask the probate clerk how to file a petition to reopen or where to find forms; procedures can vary slightly across probate districts.