Sec. 45a-128. (Formerly Sec. 45-20). Reconsideration, modification or revocation of order or decree.
Sec. 45a-186a. Appeal from Probate Court after a hearing on the record. Transcripts. Expense.
Sec. 45a-128. (Formerly Sec. 45-20). Reconsideration, modification or revocation of order or decree. (a) Except as provided in subsection (e) of this section, any order or decree made by a Probate Court ex parte may, in the discretion of the court, be reconsidered and modified or revoked by the court. Reconsideration may be made on the court's own motion or, for cause shown satisfactory to the court, on the written application of any interested person. Such motion or application shall be made or filed before any appeal has been filed or after withdrawal of all appeals which have been filed. For the purposes of this section, an ex parte order or decree is an order or decree entered in a proceeding of which no notice is required to be given to any party and no notice is given.
(b) Except as provided in subsections (a) and (e) of this section, any order or decree other than a decree authorizing the sale of real estate made by a Probate Court may, in the discretion of the court, be reconsidered and modified or revoked by the court, on the court's own motion or on the written application of any interested person. Such application shall be made or filed within one hundred twenty days after the date of such order or decree and before any appeal is filed or after withdrawal of all appeals. The court may reconsider and modify or revoke any such order or decree for any of the following reasons: (1) For any reason, if all parties in interest consent to reconsideration, modification or revocation, or (2) for failure to provide legal notice to a party entitled to notice under law, or (3) to correct a scrivener's or clerical error, or (4) upon discovery or identification of parties in interest unknown to the court at the time of the order or decree.
(c) Upon any modification or revocation there shall be the same right of and time for appeal as in the case of any other order or decree.
(d) A hearing may be held in the discretion of the court on any motion or application for reconsideration, modification or revocation, and notice of the time and place of such hearing shall be given, in such manner as the court shall order, to all persons to whom notice of the order or decree to be reconsidered or notice of the hearings concerning such order or decree, was given, and to all persons by whom any such notice was waived, and to such other persons as the court may determine.
(e) Except as provided in section 45a-295, a decree or order made in reference to any estate may not be modified or revoked by a Probate Court as to assets lawfully transferred or distributed prior to the date of issuance of notice of hearing on a motion or application for reconsideration of such decree or order, or, if the court determines not to hold any such hearing, prior to the date of the court's order of revocation or modification.
(1949 Rev., S. 6828; P.A. 80-476, S. 60; P.A. 83-93; P.A. 25-48, S. 3.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive change; P.A. 83-93 revised provisions of section, deleting former provisions of Subsec. (a) and adding provisions re reconsideration, modification or revocation of any order or decree made by a court of probate; Sec. 45-20 transferred to Sec. 45a-128 in 1991; P.A. 25-48 amended Subsecs. (a) and (b) by changing references from appeal being “allowed” to “filed” and making technical changes and amended Subsec. (e) by making a technical change, effective June 10, 2025.
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Sec. 45a-186a. Appeal from Probate Court after a hearing on the record. Transcripts. Expense. (a) In an appeal from an order, denial or decree of a Probate Court made after a hearing that is on the record under section 17a-498, 17a-543, 17a-543a, 17a-685 or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, not later than thirty days after a copy of the complaint is received by the Probate Court under subsection (f) of section 45a-186, or within such further time as may be allowed by the Superior Court, the Probate Court shall transcribe any portion of the recording of the proceedings that has not been transcribed. The expense for such transcript shall be charged against the person who filed the appeal, except that if the person who filed the appeal is unable to pay such expense and files an affidavit with the court demonstrating the inability to pay, the expense of the transcript shall be paid by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(b) The Probate Court shall transmit to the Superior Court the original or a certified copy of the entire record of the proceeding from which the appeal was taken. The record shall include, but not be limited to, the findings of fact and conclusions of law, separately stated, of the Probate Court.
(c) An appeal from an order, denial or decree made after a hearing on the record under section 17a-498, 17a-543, 17a-543a, 17a-685 or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, shall be heard by the Superior Court without a jury, and may be referred to a state referee appointed under section 51-50l. The appeal shall be confined to the record. If alleged irregularities in procedure before the Probate Court are not shown in the record or if facts necessary to establish such alleged irregularities in procedure are not shown in the record, proof limited to such alleged irregularities may be taken in the Superior Court. The Superior Court, on request of any party, shall hear oral argument and receive written briefs.
(P.A. 07-116, S. 3; P.A. 11-128, S. 12; P.A. 19-47, S. 11; P.A. 21-100, S. 10; P.A. 25-48, S. 4.)
History: P.A. 11-128 amended Subsec. (a) to insert “pursuant to subsection (a) of section 45a-186” and make a technical change; P.A. 19-47 amended Subsec. (a) by replacing “pursuant to subsection (a) of section 45a-186” with “under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73” and making technical changes, amended Subsec. (b) by making technical changes and amended Subsec. (c) by adding “under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73,” and making a technical change, effective June 26, 2019; P.A. 21-100 amended Subsecs. (a) and (c) to add references to Sec. 19a-131b, effective July 1, 2021; P.A. 25-48 amended Subsec. (a) by replacing “service is made of such appeal under section 45a-186” with “a copy of the complaint is received by the Probate Court under subsection (f) of section 45a-186”, effective June 10, 2025.
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