Sec. 45a-111. Exemptions, waivers and reduction of costs.
Sec. 45a-111. Exemptions, waivers and reduction of costs. (a) No cost shall be
charged for any proceedings in the settlement of the estate of any member of the armed
forces who died while in service in time of war as defined in section 27-103.
(b) No fees shall be charged under sections 45a-106 to 45a-112, inclusive, or under
section 45a-727 for adoption proceedings involving special needs children.
(c) If a petitioner or applicant to a court of probate claims that unless his or her
obligation to pay the fees and the necessary costs of the action, including the cost of
service of process, is waived, such petitioner or applicant will be deprived by reason of
his or her indigency of his or her right to bring a petition or application to such court or
that he or she is otherwise unable to pay the fees and necessary costs of the action, he
or she may file with the clerk of such court of probate an application for waiver of
payment of such fees and necessary costs. Such application shall be signed under penalty
of false statement, shall state the applicant's financial circumstances, and shall identify
the fees and costs sought to be waived and the approximate amount of each. If the court
finds that the applicant is unable to pay such fees and costs it shall order such fees and
costs waived. If such costs include the cost of service of process, the court, in its order,
shall indicate the method of service authorized and the cost of such service shall be paid
from funds appropriated to the Judicial Department, however, if funds have not been
included in the budget of the Judicial Department for such costs, such costs shall be
paid from the Probate Court Administration Fund. Any fee waived under this section
shall be reimbursed to the court of probate from the funds appropriated to the Judicial
Department, however, if funds have not been included in the budget of the Judicial
Department for such purposes, such payment shall be made from the Probate Court
Administration Fund pursuant to rules and regulations established by the Probate Court
Administrator.
(d) The court may, in its discretion, postpone payment of any entry fee or other
charge due under sections 45a-106 to 45a-112, inclusive, and enter any matter if it
appears to the court that to require such entry fee to accompany submission of the matter
would cause undue delay or hardship, but in such case the applicant, petitioner or moving
party shall be liable for the entry fee and all other charges upon receipt of an invoice
therefor from the court of probate.
(e) Any fee charged under the provisions of sections 45a-106 to 45a-112, inclusive,
shall not be subject to the tax imposed under chapter 219.
(P.A. 90-146, S. 7; P.A. 92-46, S. 2; P.A. 96-170, S. 14, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 14.)
History: P.A. 92-46 amended Subsec. (c) by adding provision that any fee waived under section shall be reimbursed
to probate court by probate court administration fund; P.A. 96-170 amended Subsec. (c) by changing funding of costs of
service of process from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds
not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date
of P.A. 96-170 but without affecting this section; P.A. 99-84 amended Subsec. (c) by deleting "under oath" and inserting
"signed under penalty of false statement".
Subsec. (b):
See Secs. 17a-116 to 17a-119, inclusive, re subsidies for adoption of "special needs" children.