Town of Vernon, CT - Judge of Probate

JUDGE OF PROBATE

Hon. O. James Purnell, III, Esq.
Judge of the Court of Probate,
District of Ellington 048
Vernon Town Hall
14 Park Place
P.O. Box 268
Vernon, CT 06066-0268
Telephone: (860) 872-0519
Fax: (860) 870-5140
jpurnell@vernon-ct.gov

Probate Judge: Hon. O. James Purnell

Hours:
Monday-Wednesday 9:00 a.m. to 4:30 p.m.
Thursday 9:00 a.m. to 7:00 p.m.
Friday 9:00 a.m. to 1:00 p.m.

Probate wills and the administration of estates, determines title to real and personal property and trust, appoints guardians for the mentally retarded; remove unfit parents as guardians of their children, grant adoptions, grant name changes. For frequently asked questions regarding the Probate Court visit: http://www.jud.state.ct.us/probate/faq.html

Probate Courts have jurisdiction over a wide variety of matters including:

Trusts and Estates

probating wills and the administration of estates;
overseeing testamentary and living trusts;
determining title to real and personal property; and,
construing the meaning of wills and trusts.

Guardians, Conservators and Civil Commitment

appointing guardians for persons who are mentally retarded;
approving sterilizations and placements of persons who are mentally retarded;
appointing a guardian of the estate or person for a child;
for persons with mental illness and/or for persons who are incapable of managing or administering their own affairs, appointing conservators of the person and the estate; and,
committing those suffering from severe mental illness to an appropriate facility.

Parents

removing unfit parents as guardians of their children;
hearing the claims of paternity of unwed fathers;
terminating the parental rights of parents who cannot fulfill their parental responsibilities; and,
granting adoptions.

Other

granting name changes;
approving or disapproving the marriage of a youth under the age of sixteen years;
waiving the blood tests required for the issuance of a marriage license; and,
assisting persons in obtaining passports.

Probate Court F AQs

http://www.jud.ct.gov/probate/faq.html

Do I Need an Attorney For a Probate Court Proceeding?
Parties involved in a proceeding do not necessarily require a lawyer to represent them. Probate court forms are designed to be "user-friendly,'' and the probate clerk or judge may offer limited assistance to people completing required forms and reports. In the case of complex estates or complicated family matters, however, an attorney should be retained, as explained below.

Decedent's Estates
The executor or administrator of an estate should obtain legal assistance if:

extensive help is required;
the estate includes substantial or unusual assets, such as a closely held business or a copyright;
the estate is large enough to involve the filing of a Federal Estate Tax Return;
there are problems involving taxation;
the executor or administrator has substantial questions concerning the law or fiduciary responsibilities; or,
the will or any matter in the estate is contested.

Family Matters
In the following matters, an attorney is required for the respondent (the person who is the subject of the proceeding):

guardianship, placement, and sterilization of the mentally retarded;
commitment of mentally ill adults and children;
involuntary conservatorship;
temporary custody or removal of guardianship for a minor child; and,
termination of parental rights (legal representation is required for both the minor child and the respondent parent(s).

What can I expect?
The probate courts have often been called "the people's courts" because they offer simple, direct access to legal proceedings. They have also been described as "neighborhood courts" because there is a probate court in almost every town in the state. 123 of 169 towns have a probate court.

Convenience and efficiency are the hallmarks of the probate court. The majority of uncontested matters are heard within four weeks of the time a person goes downtown or drives to the next town to file the application. In most cases, the probate courtroom will be a conference room in the probate court offices. The atmosphere at the hearing is informal; the judge does not preside from a bench or wear a black robe.

Probate Court Forms

http://www.jud2.ct.gov/webforms/default.htm#PROBATE

Probate Forms

GENERAL
PC-170	Report of Representative for Interested Party
PC-180	Second Sheet
PC-181	General Waiver
PC-183	Appearance of Attorney
PC-184	Request/Order - Waiver of Fees/Petitioner
PC-184A	Request/Order - Waiver of Fees/Respondent

DECEDENTS' ESTATES
PC-200	Application/Administration or Probate of Will
PC-201	Application/Ancillary Probate of Will
PC-202	Application and Decree for Support Allowance
PC-203	Application/Decree and Return Safe Deposit Box
PC-204	Application/Declaration of Insolvent Estate
PC-205	Application for Certificate Releasing Connecticut Succession and Estate Tax Liens
PC-210	Affidavit in Proof of Will and/or Codicil
PC-211	Affidavit for Filing Will not Submitted for Probate
PC-212	Affidavit in Lieu of Administration
PC-212A	Request For Order of Distribution
PC-213	Affidavit of Closing of Decedent's Estate
PC-234	Notice to Creditors to Present Claims
PC-237	Return of Claims and List of Notified Creditors
PC-241	Cover Sheet/Administration Account Decedent's Estate
PC-242	Decedent's Estate Administration Account (Short Form)
PC-243	Statement in Lieu of Account
PC-244	Acceptance and Waiver Re: Statement in Lieu of Account
PC-245	Acceptance and Waiver Re: Final Account
PC-256	Certificate Releasing Connecticut Succession and Estate Tax Liens
PC-265	Acceptance of Trust/Ex Parte Decree Qualifying Testamentary Trustee
PC-280	Bond Waiver

CONSERVATORS
PC-300	Application/Appointment of Conservator
PC-301	Application for Voluntary Representation by Conservator
PC-302	Application for Appointment of Temporary Conservator
PC-310	Affidavit/Appointment of Commissioner of Social Services as Conservator
PC-370	Physician's Evaluation/Conservatorship
PC-371	Conservator's Report

FIDUCIARIES
PC-400	Application to Sell or Mortgage Real Property
PC-410	Affidavit of Financial Responsibility Personal Surety
PC-440	Inventory
PC-441	Fiduciary's Periodic or Final Account (Short Form)
PC-480	Probate Bond
PC-482	Appointment of Judge of Probate as Agent for Service by Non-Resident Fiduciary

TEMPORARY CUSTODY AND GUARDIANSHIP
PC-500	Application/Removal of Guardian
PC-501	Application/Immediate Temporary Custody
PC-502	Application/Temporary Custody
PC-503	Application/Appointment of Guardian of the Estate
PC-504	Application/Appointment of Temporary Guardian
PC-510	Custodian's Affidavit/Immediate Temporary Custody
PC-550	Physician's Certificate/Immediate Temporary Custody
PC-570	Guardian's Report/Guardianship of the Person of a Minor
PC-580	Receipt and Release of Guardian of Estate

TERMINATION/ADOPTION
PC-600	Application/Termination of Parental Rights
PC-601	Application/Stepparent or Relative Adoption Consent Termination of Parental Rights
PC-602	Application/Appointment of Statutory Parent
PC-603	Application/Adoption
PC-604	Application/Validation of Foreign Adoption
PC-606	Petition/Information for Emergency Health or Medical Treatment
PC-607	Petition for Authorization for Release of Original Birth Certificate
PC-610	Affidavit/Temporary Custody, Removal, Termination or Adoption
PC-611	Birth Mother's Financial Affidavit Identified Adoption
PC-612	Adoptive Parent's Financial Affidavit Identified Adoption
PC-613	Agency or Department Financial Affidavit Identified Adoption
PC-633	Waiver of Personal Service Parental Rights Matters
PC-680	Adoption Data Sheet
PC-681	Agreement of Adoption
JD-JM60	Affidavit/Consent to Termination of Parental Rights

MENTAL RETARDATION
PC-700	Application/Guardianship of the Mentally Retarded
PC-701	Application/Placement of Mentally Retarded Person
PC-702	Application/Sterilization of Adult
PC-770	Assessment Team Evaluation: Guardianship of the Mentally Retarded
PC-770A	Assessment Team Evaluation: Guardianship of the Mentally Retarded/Review
PC-771	Guardian's Report/Guardianship of Mentally Retarded
PC-772	Psychologist's Report/Placement of Mentally Retarded Person
PC-773	Panel Evaluation/Sterilization of Adult

MENTALLY ILL CHILDREN
PC-800	Application/Commitment of Mentally Ill Child
PC-801	Application for Involuntary Commitment of Mentally Ill Person
PC-802	Probable Cause Hearing Request
PC-803	Application for Involuntary Commitment/Alcohol and/or Drug Dependency
PC-804	Application for Involuntary Recommitment/Alcohol and/or Drug Dependency
PC-850	Physician's Certificate/Involuntary Commitment/ Annual Review Person with Psychiatric Disabilities
PC-852	Physician's Certificate/Involuntary Commitment/Alcohol and/or Drug Dependency
PC-870	Physician's Evaluation/Commitment of Mentally Ill Child
PC-881	Examination Proceedings/Mentally Ill Child
PC-882	Examination Proceedings Mentally Ill Person Examination by Court
PC-883	Appointment of Counsel and Physicians/Involuntary Commitment of Mentally Ill Person

MISCELLANEOUS
PC-900	Application for Change of Name (Minor)
PC-901	Application for Change of Name (Adult)
PC-902	Petition/Judicial Commitment for Treatment of Tuberculosis [No Prior Emergency Order Issued]
PC-903	Petition/Judicial Order Continuing A Prior Emergency Commitment for Treatment of Tuberculosis
PC-904	Petition/Judicial Order Enforcing Examination of Respondent for Tuberculosis
PC-905	Application/Emancipation of Minor
PC-980	Marriage Waiver

Probate CourtFee and Costs

Decedent's Estate
Upon the death of any person, some or all of the following costs may be payable to settle the decedent's affairs: (a) probate fees and taxes that are fixed by law; (b) fees of an executor or administrator that are subject to the approval of the Probate Court; and (c) attorney's fees that are also subject to the approval of the Probate Court.

Decedent's Estate Fees: (for estates in which proceedings commence on or after 4/1/98) The minimum fee is $150.00 for a full probate estate with a gross taxable value of less than $10,000.

In estates where the gross taxable estate is less than $600,000 and no succession tax return is required to be filed, a probate fee of .1% shall be charged against non-solely owned real estate, in addition to any other fees.

The fee is based on the greater of: 1) the gross taxable estate for succession tax purposes (Sec. 12-349), OR the inventory (probatable estate) OR the Connecticut taxable estate as defined in C.G.S. 12-391, as amended, OR the gross estate for estate tax purposes (Ch. 217 and 218 of the Connecticut General Statutes), PLUS all damages recovered for injuries resulting in death, LESS hospital and medical expenses and attorney’s fees and costs, LESS 50% of any portion of the property passing to the surviving spouse.

VALUE OF ESTATE	FEE
$0 to $500	$25.00
$500 to $1,000	$50.00
$1,000 to $10,000	$50.00 plus .01 of all in excess of $1,000
$10,000 to $500,000	$150.00 plus .0035 of all in excess of $10,000
$500,000 to $4,754,000	$1,865.00 plus .0025 of all in excess of $500,000
Over $4,754,000	$12,500.00

Conservatorships, Guardianships and Trusts: (Effective July 1, 1993)
FILING	FEE
Account with no hearing	$25.00
Account requiring a hearing	Based on the greater of the book value, market value, or receipts. If more than one account is the subject of the hearing, the most recent account is used to determine the fee.
Of less than $25,000	$50.00
Of $25,000 to $375,000	.0020 of value
Over $375,000	$750.00

Other Fees and Costs: (As of January 1, 1998)
Application fee (other than decedents' estates and fiduciary accountings)	$150.00
Each additional hearing on any matter	$25.00
Hearings that exceed one hour	$25.00/hour, after first hour (Not to exceed $300.00)
Application by creditor for the court consideration of disallowed claims	$50.00 (payable by creditor; if allowed, may order the fiduciary to reimburse from the estate)
Motion for appeal	$50.00
Continued hearing, either upon request of party or due to party's failure to appear which necessitates continuance. [Note: No charge if waived for cause shown.]	$50.00 (plus actual cost of mailing)
Each hearing notice in excess of two	$2.00 each
Fiduciary Certificates (first certificate) Additional certificates ( up to 5) Each additional certificate (after 5)	No Charge $5.00 $1.00
Copies (up to 5 pages) Additional pages	$5.00 $1.00 per page
Certified Copies (for first two pages) (for each page thereafter)	$5.00 $2.00
Document recording (after first 5 pages)	$3.00 per page
Will for filing only	$5.00
Other documents for filing only	$25.00
Marriage waivers	$25.00

How Are Probate Charges Used by the Probate Court?
Statutory charges paid to the Probate Court are used to pay the salaries of the court staff and certain operational expenses. After payment of such costs, the net sum is retained by the judge as his or her only compensation, subject to an assessment levied by the State of Connecticut. The statute strictly limits the amount a judge may retain as compensation, and it now permits a court with insufficient income to meet its reasonable and necessary operating expenses by requesting a subsidy from the Probate Court Administrator.