(a) An appeal by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing, shall be taken within the time provided in section
45a-186, except as otherwise provided in this section. If such persons have no notice to be present and are not present, or have not been given notice of their right to request a hearing, such appeal shall be taken within twelve months, except for appeals by such persons from an order of termination of parental rights, other than an order of termination of parental rights based on consent, or a decree of adoption, in which case appeal shall be taken within ninety days. An appeal from an order of termination of parental rights based on consent, which order is issued on or after October 1, 2004, shall be taken within twenty days. The appeal periods set forth in this section shall be calculated from the date on which the court sent the order, denial or decree by mail or the date on which the court transmitted the order, denial or decree by electronic service, whichever is later.
(b) An order, denial or decree of a Probate Court shall not be invalid because of the disqualification of the judge unless an appeal therefrom is taken within the time provided in this section and sections 45a-186 and 45a-188.
(1949 Rev., S. 7072; 1953, S. 2948d; P.A. 74-164, S. 12, 20; P.A. 80-476, S. 93; P.A. 98-219, S. 25; P.A. 04-128, S. 1; P.A. 05-288, S. 151; P.A. 11-128, S. 13; P.A. 19-47, S. 13.)
History: P.A. 74-164 added exception re appeals from decree of termination of parental rights or adoption; P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-289 transferred to Sec. 45a-187 in 1991; P.A. 98-219 amended Subsec. (a) by adding reference to appeals by persons “who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing”; P.A. 04-128 amended Subsec. (a) by adding provisions re appeal from order of termination of parental rights based on consent and by making conforming and technical changes; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005; P.A. 11-128 amended Subsec. (a) to substitute “within the time provided in section 45a-186” for “within thirty days” and delete reference to appeal “under section 45a-186”, deleted former Subsec. (b) re appeal for payment of claims against insolvent estate, and redesignated existing Subsec. (c) as Subsec. (b) and amended same to substitute “within the time provided in section 45a-186, this section and section 45a-188” for “within thirty days” and make a technical change; P.A. 19-47 amended Subsec. (a) by adding “The appeal periods set forth in this section shall be calculated from the date on which the court sent the order, denial or decree by mail or the date on which the court transmitted the order, denial or decree by electronic service, whichever is later.” and amended Subsec. (b) by making technical changes, effective June 26, 2019.
See Sec. 51-53 re court clerks' duty to give notice of court decrees.
Annotations to former section 45-289:
Appeal must be taken within the time from each particular decree. 2 R. 74; 107 C. 356. That appeal is not taken in time must be pleaded in abatement. 2 D. 21. That appellant had notice and was present need not appear from record of Probate Court, but may be proved by parol. 29 C. 563. Party not estopped from appealing when he had no statutory notice of probate of will, although the time limitation for appeal commences to run date decree is entered and, after full hearing trustee attended, there is no requirement that he be present when court makes its decision and renders its order. 155 C. 413. Cited. 162 C. 477; 163 C. 439. When written waiver of notice is filed, notice requirement of section is satisfied. 169 C. 382. Statute is subject to implied requirement that court give notice of its decree before appeal period becomes operative. 178 C. 189. Cited. 185 C. 25; Id., 495; 204 C. 760; 208 C. 606.
Cited. 20 CA 58.
What constitutes legal notice. 8 CS 254. Publication in newspaper held to be legal notice. Id., 261. Cited. 18 CS 481. “No notice to be present” means legal, not active notice. 19 CS 104. The term “no notice to be present” does not mean actual but legal notice to be present; legal notice to nonresidents is notice given upon order of the court. 22 CS 232. Where appellant had filed motion for appeal within time limited but Probate Court allowed it 6 days later without allotted time, plea in abatement to jurisdiction was overruled as fault was not appellant's. 28 CS 49. Cannot be circumvented by a motion to become party to another's timely made appeal. Id., 392.
Annotations to present section:
Cited. 37 CA 137. Aggrieved party who files proper motion for appeal within statutory time period is not deprived of right to appeal because probate judge does not perform ministerial act of granting allowance of appeal until after the time period has passed. 82 CA 468.
Notes of Decisions
Cited in
15
cases, 1995–2017 · leading case:
Connery v. Gieske, 147 A.3d 94 (Conn. 2016).
Connery v. Gieske, 147 A.3d 94 (Conn. 2016).
· cites it 9× “The trial court then turned to the legislative history of § 45a-187 for guidance, explaining that, prior to a 2011 amendment to § 45a-187 that became effective October 1, 2011; see Public Acts 2011, No.”
Burnell v. Chorches, 164 A.3d 806 (Conn. App. Ct. 2017).
· cites it 13× “Therefore, instead of being bound by the thirty day limitation of § 45-186 (a), the plaintiffs maintain that they are entitled to rely on the twelve month limitation set forth in General Statutes § 45a-187 and, accordingly, the appeal has been timely commenced.”
In re Michaela Lee R., 756 A.2d 214 (Conn. 2000).
· cites it 4× “The defendant also asserts that the commissioner’s appeal from the decision of the Probate Court was not filed within the time limits prescribed by § 45a-187 (a). See footnote 8 of this opinion.”
Metcalfe v. Sandford, 858 A.2d 757 (Conn. 2004).
· cites it 4× “Accordingly, General Statutes § 45a-187 (a) requires that an appeal from probate must be taken within thirty days except in limited circumstances.”
Honan v. Greene, 655 A.2d 274 (Conn. App. Ct. 1995).
· cites it 2× “Neither party raised as an issue the question of whether the plaintiffs motion to appeal was timely filed within the thirty days provided by General Statutes § 45a-187 (a). Nor were there any claims that the plaintiff failed to give security for costs as required by § 45a-186.”
Corneroli v. D'AMICO, 975 A.2d 107 (Conn. App. Ct. 2009).
· cites it 2× “General Statutes § 45a-187 (a). We next contrast the method and manner now required to appeal from an order of the Probate Corut issued after October 1, 2007.”
Schiavone v. Snyder, 812 A.2d 26 (Conn. App. Ct. 2002).
· cites it 2× “In the present case, we take judicial notice of the Probate Court’s order and decree dated July 22, 2002,* *** 7 approving the conservator’s final account, from which no appeal has been taken during the time period prescribed by General Statutes § 45a-187. See Murphy’s Appeal…”
Bojila v. Shramko, 836 A.2d 1207 (Conn. App. Ct. 2003).
· cites it 2× “The attorney trial referee to whom the matter was referred for trial determined that “every reasonable effort had been made to locate unknown and missing heirs,” and ultimately recommended dismissal of the appeal pursuant to General Statutes §§ 45a-187 (a) and 45a-132 (c)…”
Greg C.'s Appeal from Prob., 744 A.2d 914 (Conn. App. Ct. 2000).
· cites it 4× “The Superior Court dismissed the appeal because it was not taken within the time required pursuant to General Statutes § 45a-187. 1 Our examination of the record and briefs and consideration of the oral arguments of the parties persuades us that the judgment of the trial court…”
Porto v. Sullivan, 987 A.2d 1092 (Conn. App. Ct. 2010).
· cites it 12× “Specifically, the plaintiff claims that the Superior Court improperly (1) determined that his appeal was untimely pursuant to General Statutes § 45a-187 (a) and (2) denied his motion for reargument.”
Molleur v. Perkins, 844 A.2d 916 (Conn. App. Ct. 2004).
· cites it 5× “The defendant filed a motion to dismiss the appeal from probate, arguing that it was untimely under General Statutes § 45a-187 and, therefore, that the court lacked subject matter jurisdiction *470 over the appeal.”
Byrne v. Spurling, 937 A.2d 70 (Conn. App. Ct. 2007).
· cites it 2× “Pursuant to General Statutes § 45a-187, an appeal from a Probate Court order “by persons of the age of majority who are present .”
Conn. Gen. Stat. § 45a-187(a): 1 case
Burnell v. Chorches, 164 A.3d 806 (Conn. App. Ct. 2017).
“Therefore, instead of being bound by the thirty day limitation of § 45-186 (a), the plaintiffs maintain that they are entitled to rely on the twelve month limitation set forth in General Statutes § 45a-187 and, accordingly, the appeal has been timely commenced.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.