Connecticut Will Contest / Probate Appeal Package

CONNECTICUT WILL CONTEST / PROBATE APPEAL PACKAGE

⚠️ CRITICAL JURISDICTIONAL & DEADLINE NOTICE ⚠️

CONNECTICUT'S 30-DAY DEADLINE IS AMONG THE SHORTEST WILL-CONTEST DEADLINES IN THE UNITED STATES.

Connecticut probate appeals operate fundamentally differently from most states. There is no separate "will contest" action filed in probate court. Instead:

1. The Probate Court enters a decree admitting (or denying) the will.
2. An aggrieved person appeals the decree to the Superior Court.
3. The appeal is heard de novo in Superior Court (most appeals; conservatorship and certain on-record matters are different).

STATUTE OF LIMITATIONS — C.G.S. § 45a-186(b):

"Except as provided in sections 45a-187 and 45a-188, an appeal from an order, denial or decree in any other matter shall be filed on or before the thirtieth day after the date on which the Probate Court sent the order, denial or decree."

• The appeal must be filed in Superior Court within 30 days (45 days for certain conservatorship/guardianship matters not relevant to will contests).
• Time runs from the date the Probate Court sent the decree (by mail or electronic service, whichever is later).
• Under Public Act 07-116, no motion for appeal in Probate Court is required; the appellant files a Complaint directly in Superior Court.
• The 30-day window may be extended only for: (i) adults without notice who did not waive the hearing — up to 12 months under C.G.S. § 45a-187; (ii) minors and incapacitated persons under C.G.S. § 45a-188.

Pre-Decree Alternative — Motion to Revoke (C.G.S. § 45a-292): Where probate has already been granted, an interested person who did not receive notice may move the Probate Court itself to revoke probate. This is a separate remedy from § 45a-186 appeal.

DO NOT DELAY. CALENDAR DEADLINE IMMEDIATELY UPON RETENTION.

SECTION 1 — PRE-SUIT INVESTIGATION CHECKLIST

A. EMERGENCY DEADLINE CALCULATION

• ☐ Date Probate Court SENT decree (mail postmark or e-service transmission, whichever later): [__/__/____]
• ☐ 30-day appeal deadline (C.G.S. § 45a-186): [__/__/____]
• ☐ Confirm date by call to Probate Court clerk: [____________________]
• ☐ Verify whether 45-day rule applies (it does not for ordinary will contests)
• ☐ Verify whether C.G.S. § 45a-187 (12-month extension for no-notice adults) might apply
• ☐ Calendar deadline in three independent systems and notify supervising attorney

B. Threshold Procedural Items

• ☐ Probate District: [____________________]
• ☐ Probate Court case number: [____________________]
• ☐ Date will admitted to probate: [__/__/____]
• ☐ Obtain certified copy of decree
• ☐ Obtain certified copy of the will
• ☐ Obtain copy of executor's petition and all Probate Court filings
• ☐ Determine whether hearing was on the record (e.g., by agreement) — if so, appeal is on the record, NOT de novo
• ☐ Identify Superior Court Judicial District for filing (C.G.S. § 45a-186(c))

C. Standing — Aggrieved Person

Only an "aggrieved person" may appeal. C.G.S. § 45a-186(b); Erisoty's Appeal from Probate, 216 Conn. 514 (1990). Confirm:

• ☐ Direct pecuniary or property interest adversely affected by the decree
• ☐ Interest is not merely speculative

Categories of aggrieved persons:

• ☐ Intestate heir-at-law who would inherit under C.G.S. § 45a-437 et seq.
• ☐ Beneficiary under contested will whose share is reduced
• ☐ Beneficiary under prior will who would benefit
• ☐ Surviving spouse claiming statutory share (C.G.S. § 45a-436)
• ☐ Pretermitted child (C.G.S. § 45a-257b)

Appellant: [___________________________________]
Aggrievement basis: [___________________________________]

D. Decedent Background

• ☐ Full name: [___________________________________]
• ☐ DOB: [__/__/____]
• ☐ DOD: [__/__/____]
• ☐ Domicile at death: [___________________________________]
• ☐ Will execution date: [__/__/____]
• ☐ Drafting attorney: [___________________________________]
• ☐ Witnesses: [___________________________________]

E. Capacity Investigation (C.G.S. § 45a-250)

• ☐ Medical records 24 months pre/post execution
• ☐ Pharmacy records
• ☐ Treating physicians
• ☐ Dementia, delirium, psychiatric, TBI, or stroke diagnoses
• ☐ Hospital, hospice, SNF, ALF records
• ☐ Conservatorship records (C.G.S. § 45a-644 et seq.)

F. Undue Influence — Pickman Factors

Pickman v. Pickman, 6 Conn. App. 271 (1986); Stanton v. Grigley, 177 Conn. 558 (1979). Connecticut courts examine:

• ☐ Existence of a confidential or fiduciary relationship
• ☐ Opportunity to exercise undue influence
• ☐ Disposition to influence the testator for the purpose
• ☐ Result indicating undue influence (unnatural disposition, drastic plan change)

A confidential relationship plus suspicious circumstances may give rise to a burden-shifting inference. Berkeley v. Berkeley, 152 Conn. 398 (1965).

G. Execution Defects (C.G.S. § 45a-251)

• ☐ Will in writing
• ☐ Subscribed by testator (or by another in testator's presence at direction)
• ☐ Attested by two witnesses
• ☐ Witnesses subscribed in testator's presence

SECTION 2 — NOTICE OF APPEAL / FILING ROADMAP

Because of the 30-day deadline, parallel-track immediately:

Lis pendens (if real property at issue): Record a notice of lis pendens in the land records under C.G.S. § 52-325.

Motion to Stay (C.G.S. § 45a-186e): No automatic stay. Move promptly for stay of executor distributions in Probate Court and/or Superior Court.

SECTION 3 — COMPLAINT ON APPEAL FROM PROBATE (TO SUPERIOR COURT)

STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF [____________]
AT [____________]

COMPLAINT ON APPEAL FROM PROBATE (C.G.S. § 45a-186)

Plaintiff, [_________________________________], appeals from the decree of the Probate Court for the District of [____________] dated [__/__/____], admitting to probate the writing dated [__/__/____] purportedly as the Last Will and Testament of [_________________________________], and alleges:

I. PARTIES AND JURISDICTION

1. Plaintiff [_________________________________] resides at [_________________________________].

2. Plaintiff is an "aggrieved person" within the meaning of C.G.S. § 45a-186(b) in that Plaintiff is [☐ an heir-at-law under C.G.S. § 45a-437 ☐ a beneficiary under a prior will dated __/__/____ ☐ surviving spouse claiming statutory share ☐ pretermitted child] whose pecuniary interest in the Estate is adversely affected by the decree.

3. Defendant [_________________________________] is the duly appointed Executor of the Estate of [_________________________________] and resides at / has its principal place of business at [_________________________________].

4. [_________________________________] (the "Decedent") died on [__/__/____], domiciled in [____________], Connecticut.

5. On [__/__/____], the Probate Court for the District of [____________] entered a decree admitting the writing dated [__/__/____] (the "Purported Will") to probate. A certified copy of the decree is attached as Exhibit A.

6. The Probate Court sent the decree to Plaintiff by [☐ mail ☐ electronic service ☐ both] on [__/__/____]. This Complaint is filed within thirty (30) days thereof and is therefore timely under C.G.S. § 45a-186(b).

7. Venue is proper in this Court under C.G.S. § 45a-186(c) because the Probate Court is located in this judicial district.

8. The hearing in Probate Court was [☐ NOT on the record; this appeal is de novo ☐ on the record].

II. REASONS FOR APPEAL

Plaintiff appeals on the following grounds, pleaded in the alternative:

COUNT ONE — LACK OF TESTAMENTARY CAPACITY (C.G.S. § 45a-250)

9. At the time of the purported execution on [__/__/____], the Decedent did not have testamentary capacity. The Decedent did not know the natural objects of the Decedent's bounty, did not understand the nature and extent of the Decedent's property, did not understand the disposition being made, and could not form a rational plan.

10. The Decedent suffered from [☐ dementia ☐ delirium ☐ severe medication effects ☐ acute psychiatric illness ☐ stroke sequelae ☐ other: ____________________] at and around the time of execution.

11. Supporting facts: [_________________________________________________________]

COUNT TWO — UNDUE INFLUENCE (Pickman v. Pickman)

12. The Purported Will was procured by the undue influence of [_________________________________].

13. The Pickman factors are present:

• ☐ A confidential or fiduciary relationship existed between Decedent and the influencer
• ☐ The influencer had the opportunity to exercise undue influence
• ☐ The influencer had a disposition to do so
• ☐ The result reflects undue influence (unnatural / drastic departure from prior plan)

14. Specific facts: [_________________________________________________________]

COUNT THREE — FRAUD

15. The Purported Will was procured by fraud. Material misrepresentations were made to the Decedent that induced the dispositions. Specifically: [_________________________________________________________]

COUNT FOUR — IMPROPER EXECUTION (C.G.S. § 45a-251)

16. The Purported Will fails to satisfy C.G.S. § 45a-251 in one or more respects:

• ☐ Not subscribed by Decedent (or another at Decedent's direction in Decedent's presence)
• ☐ Not attested by two witnesses
• ☐ Witnesses did not subscribe in Decedent's presence
• ☐ Other: [_________________________________]

COUNT FIVE — REVOCATION (C.G.S. § 45a-257; § 45a-257a)

17. The Purported Will was revoked by [☐ subsequent will dated __/__/____ ☐ physical act of revocation ☐ operation of law].

COUNT SIX — FORGERY

18. The signature on the Purported Will is not the genuine signature of the Decedent.

III. PRAYER FOR RELIEF

Wherefore, Plaintiff demands:

A. Reversal of the Probate Court's decree dated [__/__/____];
B. A de novo trial in this Court (C.G.S. § 45a-186(d));
C. Judgment that the Purported Will is invalid and is not the Last Will and Testament of the Decedent;
D. An order directing the Probate Court to admit any prior valid will, or to administer the Estate as intestate;
E. Removal and surcharge of the Executor as warranted;
F. Such further relief as the Court deems just.

IV. RECOGNIZANCE / CERTIFICATE OF FINANCIAL RESPONSIBILITY

Plaintiff certifies the filing of a Certificate of Financial Responsibility pursuant to Connecticut Practice Book § 8-4. (Attached as Exhibit B.)

THE PLAINTIFF,

By: _________________________________
[Attorney Name], Juris No. [_______]
[Firm]
[Address]
[Phone] / [Email]
Counsel for Plaintiff

SECTION 4 — VERIFICATION (Optional but Recommended)

STATE OF CONNECTICUT
COUNTY OF [____________]

I, [_________________________________], being duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the Complaint on Appeal from Probate; and that the statements therein are true to the best of my knowledge, information, and belief.

_________________________________
[Plaintiff Signature]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

_________________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: [__/__/____]

SECTION 5 — SERVICE OF PROCESS ON INTERESTED PERSONS

Pursuant to C.G.S. § 45a-186(c), within fifteen (15) days after filing the Complaint, Plaintiff must e-file a document stating the name, address, signature of the person making service, and the date and manner in which a copy of the Complaint was served on:

(i) The Probate Court; and
(ii) Each party to the Probate Court proceeding.

SECTION 6 — DISCOVERY PLAN (CT Practice Book §§ 13-1 et seq.)

A. Document Requests

• ☐ Drafting attorney's entire client file
• ☐ Prior wills, codicils, trusts, POAs
• ☐ Financial records 24 months pre/post execution
• ☐ Medical, pharmacy, and hospital records
• ☐ Correspondence between proponent and Decedent
• ☐ Beneficiary-designation changes
• ☐ Real-property transfers near execution

B. Interrogatories

• ☐ Identification of execution witnesses
• ☐ Persons present surrounding execution
• ☐ Decedent's mental and physical condition
• ☐ Proponent's role in attorney selection, fee payment, communication
• ☐ Proponent's role in Decedent's finances and healthcare

C. Depositions

• ☐ Drafting attorney (Connecticut recognizes a will-contest exception to privilege)
• ☐ Subscribing witnesses
• ☐ Notary
• ☐ Executor / proponent
• ☐ Treating physicians
• ☐ Caregivers, family, neighbors

D. Experts

• ☐ Geriatric psychiatrist / neuropsychologist
• ☐ Forensic document examiner
• ☐ Forensic accountant

E. Schedule

• ☐ Discovery cutoff: [__/__/____]
• ☐ Expert disclosures: [__/__/____]
• ☐ Dispositive motions: [__/__/____]
• ☐ Pretrial conference: [__/__/____]
• ☐ Trial: [__/__/____]

SECTION 7 — TRIAL-READY ELEMENTS AND BURDEN OF PROOF

Most probate appeals are tried de novo in Superior Court without a jury (though jury trial may be claimed in certain matters under CT Practice Book § 14-7 and C.G.S. § 52-215).

A. Burden Allocation

B. De Novo Standard

"Most probate appeals are de novo, meaning that the Connecticut Superior Court is not bound by the probate court's decision in any way. Instead, the Connecticut Superior Court will hear the evidence and decide the matter without regard to the prior decision."

The parties are not bound to submit the same evidence presented to the Probate Court. However, no evidence that came into existence after the Probate Court hearing date may be considered.

C. Trial Exhibits

• ☐ Purported Will (certified) and any self-proving affidavit
• ☐ Probate Court decree
• ☐ Prior wills, codicils, trust documents
• ☐ Medical, pharmacy, and hospital records
• ☐ Financial records
• ☐ Drafting attorney's file
• ☐ Forensic document examiner report
• ☐ Expert capacity reports
• ☐ Demonstrative timeline

D. Jury Instructions (if jury claimed)

• ☐ De novo review
• ☐ Burden of proof on capacity (Proponent)
• ☐ Burden of proof / burden-shift on undue influence
• ☐ Clear and convincing standard for fraud
• ☐ Execution formalities — § 45a-251
• ☐ Verdict form on validity

SECTION 8 — SETTLEMENT AGREEMENT (FAMILY SETTLEMENT)

Connecticut recognizes family settlement agreements resolving will contests. Probate Court approval may be required where minors, unborn, or incapacitated persons hold interests.

WILL CONTEST SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Settlement Agreement ("Agreement") is entered into as of [__/__/____] by and among the undersigned Parties.

1. RECITALS

a. [_________________________________] (the "Decedent") died on [__/__/____], domiciled in [____________], Connecticut.
b. The Probate Court for the District of [____________] admitted to probate a writing dated [__/__/____] (the "Will") by decree dated [__/__/____].
c. On [__/__/____], Plaintiff/Appellant filed a Complaint on Appeal from Probate in the Superior Court for the Judicial District of [____________] (Docket No. [____________]) under C.G.S. § 45a-186 (the "Appeal").
d. The Parties wish to settle the Appeal and all related claims.

2. DISTRIBUTION

The Estate shall be distributed as follows, notwithstanding the Will's terms:

3. WITHDRAWAL OF APPEAL

Within [____] days of court approval (where required), Plaintiff/Appellant shall file a Withdrawal of Appeal in Superior Court.

4. MUTUAL RELEASES

The Parties release each other, the Estate, the Executor, and counsel from all claims known or unknown arising from the Decedent, the Will, the Appeal, or the administration of the Estate.

5. COURT APPROVAL

If any Party is a minor, incapacitated, or unborn beneficiary, this Agreement is contingent on (a) appointment of a guardian ad litem and (b) entry of an order approving the Agreement.

6. ATTORNEY'S FEES; COSTS

Each Party bears its own fees and costs except: [_________________________________].

7. CONFIDENTIALITY

The terms shall remain confidential except as required for court approval or by law.

8. GOVERNING LAW

This Agreement is governed by Connecticut law.

9. ENTIRE AGREEMENT; COUNTERPARTS

This Agreement is the entire agreement of the Parties, may be executed in counterparts, and electronic signatures are valid.

SIGNATURES:

_________________________________ Date: [__/__/____]
[Plaintiff/Appellant]

_________________________________ Date: [__/__/____]
[Executor / Proponent]

_________________________________ Date: [__/__/____]
[Beneficiary]

_________________________________ Date: [__/__/____]
[Guardian ad litem, if required]

APPROVED (where required):

_________________________________ Date: [__/__/____]
Judge, Probate Court / Superior Court

SOURCES AND REFERENCES

• C.G.S. § 45a-186 (Appeal from probate — 30-day deadline)
• C.G.S. § 45a-186a (Procedure)
• C.G.S. § 45a-186e (Stay)
• C.G.S. § 45a-187 (Time for appeal — late appeal up to 12 months for adults without notice)
• C.G.S. § 45a-188 (Late appeal — minors / incapacitated)
• C.G.S. § 45a-250 (Capacity)
• C.G.S. § 45a-251 (Execution of will)
• C.G.S. § 45a-257 (Revocation)
• C.G.S. § 45a-292 (Motion to revoke probate)
• C.G.S. § 45a-436 (Statutory share)
• C.G.S. § 45a-437 et seq. (Intestate succession)
• Public Act 07-116
• Pickman v. Pickman, 6 Conn. App. 271 (1986)
• Stanton v. Grigley, 177 Conn. 558 (1979)
• Berkeley v. Berkeley, 152 Conn. 398 (1965)
• Erisoty's Appeal from Probate, 216 Conn. 514 (1990)
• Isaac v. Mount Sinai Hospital, 3 Conn. App. 598 (1985)
• Connecticut Practice Book §§ 8-4, 10-76, 13-1 et seq.