Section 10-77.—Appeals from Commissioners

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceGoverns appeals from a probate commissioner’s allowance or disallowance of a claim, requiring the claimant to file a complaint-like statement within ten days and the parties to plead through to joined issues as in an ordinary civil case.

Full Text of Section 10-77

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In all appeals from the allowance or disallowance of any claim by commissioners appointed by courts of probate, the party presenting the claim shall, within ten days after the return day, unless otherwise ordered, file a statement of the amount and nature of the claim, and of the facts upon which it is based, which statement shall conform, as far as may be, in form and substance, to the requirements of a complaint brought to recover upon said claim in a civil action. To such statement the adverse party, unless otherwise ordered by the judicial authority, shall plead, and thereafter the pleadings shall continue until issues are joined, as in civil actions.

End

Amendment History

(P.B. 1978-1997, Sec. 195.)

Plain-English Summary

When a party appeals a probate commissioner’s decision on a claim, this rule requires the party who presented the claim to file, within ten days after the return day (unless the court orders otherwise), a statement describing the amount and nature of the claim and the facts behind it. That statement must conform, as far as possible, to the form and substance of a complaint in a civil action seeking recovery on the same claim.

The opposing party must then plead in response, and the case continues through pleadings until the issues are joined, following the same course as a civil action.

Frequently Asked Questions

What must I file to appeal a commissioner’s claim decision in Connecticut probate court?

You must file a statement of the amount and nature of the claim and the facts it rests on, formatted as closely as possible to a civil complaint, within ten days after the return day.

Does the opposing party have to respond to the statement?

Yes, unless the court orders otherwise the adverse party must plead to the statement, and pleadings continue until the issues are joined, just as in a civil action.

How is this different from a probate appeal over a will?

This section applies specifically to appeals from a commissioner’s allowance or disallowance of a claim, while Section 10-76 governs probate appeals generally, including will contests.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-77). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

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