Connecticut Court Stands By Strict Probate Appeal Deadline
by
Joseph C. Maya on Mar. 31, 2017
Estate Estate Wills & Probate Estate Trusts
Summary: Article on Connecticut's strict probate appeals process.
To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.
In the case of Corneroli v. D Amico, a party appealing to the Superior Court from the Probate Court is required to commence the appeal by filing it with the Superior Court clerk within 30 days of the order, denial or decree and under a 2007 amendment to C.G.S. 45a-186, no motion for permission to appeal need be filed in the Probate Court. Louis Corneroli filed a claim in the Probate Court against the estate of his cousin, Salvatore D Amico, seeking a share of a $2.4 million settlement that the estate received concerning the sale of a John Singer Sargent painting. The decedent had purchased the painting in 1978 for $3 and, until his death in the early 1990s, unsuccessfully attempted to have the painting authenticated.
Following his death, the painting was authenticated. Corneroli claimed that he and the decedent had formed a partnership and he was entitled to 50 percent of the proceeds from the sale of the painting. The administrators of the estate, Louis D Amico and Rita Willis, disputed the allegations and filed a motion to disallow the claim. The Probate Court held a hearing and granted the defendants motion. Plaintiff s counsel received notice of the order on March 28, 2008 and on April 24, 2008 filed a motion for permission to appeal with the Probate Court. On June 4, 2008, the plaintiff filed an appeal in the Superior Court. The defendants moved to dismiss the appeal for lack of subject matter jurisdiction claiming that under C.G.S. 45a-186, the appeal was untimely. The trial court granted the motion finding that the appeal was untimely filed as the Probate Court sent notice of its decision on March 27, 2008 but that the plaintiff did not file his appeal in the Superior Court until June 4, 2008, more than 30 days later. The Appellate Court affirmed the trial court s judgment. The right to appeal from a decision of the Probate Court is statutory. Prior to Oct. 1, 2007, an appeal from a judgment of a Probate Court was commenced by motion to that court. P.A. 07-116 repealed provisions regarding the motion to appeal including C.G.S. 45a-191 and 45a-192. After Oct. 1, 2007, C.G.S. 45a-186(a) as amended by P.A. 07-116 requires that any appeal from a Probate Court order, denial or decree, be commenced by filing a complaint in the superior court. The amendment eliminated any previous requirement that an aggrieved party file a motion for permission to file an appeal with the Probate Court to commence the appeal. C.G.S. 45a-186 did not otherwise contain provisions to save the appeal.
If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.
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Source- C.J. Flynn, Probate Court Appeal Requires Superior Court Filing In 30 Days, Conn. Law Trib. (July 28, 2009)
