Connecticut General Statutes/Title 45a/Chapter 801b/Section 45a-188

CGS § 45a-188. (Formerly Sec. 45-291). Timing of taking appeals by minors.

(a) Except as provided in this section, all appeals by persons who are minors at the time of the making of the order, denial or decree appealed from shall be taken within twelve months after they arrive at the age of majority.

(b) In the case of any minor who has a guardian or guardian ad litem appointed and qualified by any Probate Court in this state at the time of the making of the order, denial or decree, the minor or anyone on his or her behalf may appeal therefrom within the time provided in section 45a-186 if the guardian or guardian ad litem had legal notice of the time and place of the hearing.

(c) Any judge or clerk of the Probate Court or any fiduciary may cause written notice of any order, denial or decree of the Probate Court to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby. In any such case the person, minor, guardian or guardian ad litem may appeal only within the time provided in section 45a-186 after receiving such notice.

Short History

(1949 Rev., S. 7073; P.A. 80-476, S. 94; P.A. 82-277; P.A. 11-128, S. 14; P.A. 19-47, S. 14.)

Long History

History: P.A. 80-476 divided section into Subsecs. and restated provisions; P.A. 82-277 amended Subsec. (d) to permit the judge or clerk of the court of probate or any fiduciary to give written notice of any court decree where previously “any executor, administrator or trustee of an estate” gave such notice; Sec. 45-291 transferred to Sec. 45a-188 in 1991; P.A. 11-128 amended Subsec. (b) to delete “the time in which” and substitute “within the time provided in section 45a-186 if the guardian or guardian ad litem had legal notice of the time and place of the hearing” for provisions providing one month to appeal, deleted former Subsec. (c) re appeals by persons not inhabitants of this state, and redesignated existing Subsec. (d) as Subsec. (c) and amended same to substitute “within the time provided in section 45a-186” for “within one month”; P.A. 19-47 amended Subsecs. (b) and (c) by making technical changes, effective June 26, 2019.

Citations

Annotations to former section 45-291:

Appeal after time voidable, but not void. 61 C. 386. Right of guardian to compromise disputed claim may be tested by ward upon attaining his majority. 110 C. 162. Cited. 129 C. 315; 163 C. 439. When written waiver of notice is filed, notice requirement of section is satisfied. 169 C. 382. 12-month appeal period not reduced to 1 month where notice of Probate Court's decree not given by one of officials referred to in the statutes. 185 C. 25.

Publication of notice of a probate hearing in local newspaper not legal notice to nonresident. 8 CS 262. Executor could properly adopt the notice sent by the assistant clerk as his own act. Id., 543. Legal notice to nonresidents is not actual notice but notice given upon order of the court. 22 CS 232. Cited. 28 CS 393.

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