(a) Payments to State Treasurer established. Each person who is a judge of probate at any time during any calendar year shall file with the Probate Court Administrator on or before April first of the succeeding year a statement signed under penalty of false statement showing the actual gross receipts and itemized costs of his or her office and the net income for each such calendar year. If such person ceases to hold office, he or she shall also file with the Probate Court Administrator, on or before April first of the second and third years next following, a statement signed under penalty of false statement showing his or her net income from his or her former office for the first and second calendar years next following the calendar year in which he or she ceased to hold office. At the time of filing, each such person shall pay to the State Treasurer as hereinafter provided the sum required by this section, less sums previously paid to the State Treasurer on account. Payment shall be credited by the State Treasurer to the fund established by section 45a-82. The requirement to file a statement under this subsection shall not apply with respect to any calendar year beginning on or after January 1, 2011.
(b) Payments on behalf of deceased judge of probate. The personal representative of each person who holds the office of judge of probate, at any time during any calendar year, and dies while in office, or within twenty-four months after ceasing to hold office, shall file with the Probate Court Administrator, on or before March first next following such death, a statement signed under penalty of false statement showing the actual gross receipts and itemized costs of the decedent's office for the preceding calendar year and the decedent's net income from that office for such calendar year. The personal representative shall file with the Probate Court Administrator on or before March first of the second year following said death a statement signed under penalty of false statement showing the net income to the decedent's estate from such office for the preceding calendar year. The requirement to file a statement under this subsection shall not apply with respect to any calendar year beginning on or after January 1, 2011.
(c) Amounts to be paid to State Treasurer. Each judge of probate or personal representative, except a judge of probate who is the Probate Court Administrator, shall at the time of filing such returns pay to the State Treasurer to be credited to the fund established by section 45a-82, a percentage of the annual net income from such office based on the following table in which the percentage appearing in the left column shall first be multiplied by the minimum annual compensation of a high volume court as provided in subsection (k) of this section, as in effect on the first day of July of the calendar year for which an assessment is due pursuant to this section, the product of which shall then be multiplied by the applicable percentage appearing in the right column:
| First 20% of the compensation assessment rate of a high volume court |
$1 nominal |
| Next 6.67% | 5% |
| Next 6.66% | 10% |
| Next 6.67% | 15% |
| Next 6.67% | 25% |
| Next 6.66% | 35% |
| Next 13.34% | 50% |
| Next 33.33% | 75% |
| Next 33.67% | 80% |
| Next 66.67% | 85% |
| Next 133.33% | 95% |
Excess over 333.67%, up to the maximum amount computed at 97.5%
by the Probate Court Administrator
All over the maximum amount computed at 100% by the Probate Court Administrator.
As used in this subsection, “maximum amount” means the amount of annual net income from such office which, when applying the percentage payments set forth above, shall result in the judge of probate retaining as net compensation, after the payment of the above amounts, no more than the product resulting from the multiplication of seventy-two dollars by the annual weighted-workload of the court, as defined in regulations issued by the Probate Court Administrator pursuant to subsection (b) of section 45a-77, but not to exceed the compensation of a high volume court as set forth in subsection (k) of this section, provided this limitation shall not apply to those courts described in subsection (k) of this section. Such payment shall be deemed to be a necessary expense of such office, but shall not be deductible from the gross income for the purpose of determining net income of such office under this section. Notwithstanding the provisions of this subsection, the annual minimum compensation of a judge of probate shall be no less than the product resulting from the multiplication of fifteen dollars by the annual weighted-workload of the court, as defined in regulations issued by the Probate Court Administrator pursuant to subsection (b) of section 45a-77, or no less than the judge's average compensation for the three-year period from January 1, 1996, to December 31, 1998, but, in no event shall that minimum compensation exceed that provided pursuant to subsection (k) of this section.
(d) Payments by Probate Court Administrator. (1) Any judge of probate who is the Probate Court Administrator shall pay to the State Treasurer, to be credited to said fund, one hundred per cent of the annual net income from his office during the period of time he serves as Probate Court Administrator. (2) For the purposes of this assessment, fees received after but earned before his appointment as Probate Court Administrator shall be subject to the assessment set forth in the table in subsection (c) of this section. Fees received after such judge of probate ceases to be the Probate Court Administrator but earned during his term as Probate Court Administrator shall be paid in full to the State Treasurer after the deduction of the expenses of his office. (3) The books and records of any judge of probate acting as Probate Court Administrator shall be audited by the Auditors of Public Accounts at the beginning of his term as Probate Court Administrator and thereafter at least annually during his term as Probate Court Administrator and upon completion of his term as Probate Court Administrator or as judge of probate whichever occurs first. (4) A judge of probate who is Probate Court Administrator shall make no expenditure in his court for salaries, equipment, or any other expenditure exceeding the sum of one hundred dollars in the aggregate, annually, without first having obtained the approval of the Chief Court Administrator.
(e) Estimate of annual net income. (1) On or before January thirty-first of each year, each person required to make payment under this section shall estimate such annual net income and shall advise the Probate Court Administrator thereof, upon such forms and pursuant to such regulations as said administrator shall promulgate. (2) Each person who takes office as a judge of probate after February first of any calendar year, as the result of death, retirement, resignation or removal of the immediately previous incumbent of that office, shall file his estimate of annual net income with the Probate Court Administrator and shall make the necessary payment to the State Treasurer in accordance therewith not later than sixty days after taking office. (3) The requirement to estimate such annual net income and advise the Probate Court Administrator thereof under subdivision (1) of this subsection, and the requirement to file an estimate with the Probate Court Administrator under subdivision (2) of this subsection, shall not apply with respect to any calendar year beginning on or after January 1, 2011.
(f) Payments to State Treasurer. If, based upon such estimate, the amount payable shall be less than one hundred dollars, the payment thereof shall be made in one payment on or before December thirty-first of the applicable year. Otherwise, the amount payable shall be made in four substantially equal installments payable on or before the last day of March, June, September and December of the applicable year, except that in the case of an estimate filed pursuant to subdivision (2) of subsection (e) of this section, the amount payable under such estimate shall be made in substantially equal installments on such installment payment dates next following the timely filing of such estimate in such year. The estimated payment may be amended and changed at any time during the year in which it is payable by increasing or decreasing the amount. The amount of such increase or decrease shall be paid for or adjusted in the installment or payment due at the time the estimated assessment is next payable after such amendment. The Probate Court Administrator may issue regulations pursuant to subsection (b) of section 45a-77 to implement this subsection.
(g) Report of income. Upon the completion of each calendar year, and in any event on or before the first day of April of the succeeding calendar year, each person required to make payment under this section shall make a report signed under penalty of false statement to the Probate Court Administrator, upon forms prescribed by and subject to regulations promulgated by the administrator, of the following: (1) The gross income received by virtue of such office; (2) actual expenses incurred in connection with the office; (3) the net income of such office prior to the payment of the assessment installments hereinbefore provided; (4) the amount paid during the preceding calendar year to the State Treasurer on account of the foregoing estimate; and (5) the amount of the difference, if any, between the amount so paid and the amount actually due. Such report shall be open to public inspection. The requirement to make a report under this subsection shall not apply with respect to any calendar year beginning on or after January 1, 2011.
(h) Deficiency and overpayment. If the amount already paid was less than the amount due, such person shall, on or before March first of the succeeding calendar year, pay to the State Treasurer the entire deficiency. If the amount already paid was more than the amount due, such person shall either, at such person's election and pursuant to regulations promulgated by the State Treasurer, be entitled to a refund of such excess payment to be paid from the fund provided by section 45a-82, or a credit in the amount of the overpayment to be charged against the future obligations of such person to said fund.
(i) Penalty for deficiency. (1) If any estimated quarterly payments required to be paid pursuant to subsection (f) of this section are less than one-fourth of seventy per cent of the total assessment due for that year or less than one-fourth of ninety-five per cent of the assessment paid for the prior year, such person shall be obligated to pay to such fund a penalty of ten per cent of the amount of the deficiency, except that the Probate Court Administrator may waive such penalty for cause in accordance with regulations issued pursuant to subsection (b) of section 45a-77. Any such penalty shall become payable upon demand by the Probate Court Administrator, and be due within thirty days after such demand, in accordance with regulations issued by the Probate Court Administrator, and shall be subject to interest under subdivision (2) of this subsection in the event of default in such payment. (2) Any payments required under subsection (f) or (h) of this section which are not paid at the applicable times prescribed in said subsections, and any penalty payment required under subdivision (1) of this subsection which is not timely paid, shall incur simple interest at the rate applicable under section 12-376 for delinquent payment of succession and transfer taxes where no extension has been granted, to be payable to the State Treasurer and to be added to the Probate Court Administration Fund established under section 45a-82. Any alleged delinquency of a judge of probate in making payments as required under this section shall be referred by the State Treasurer to the Attorney General for such action as the Attorney General deems necessary.
(j) Calculation of expenses; net operating loss. (1) As used in this subsection and subsections (c) to (i), inclusive, of this section, for any calendar year, the term “actual expenses incurred in connection therewith” may include as an allowable deduction the amount of any net operating loss for a prior calendar year as provided in this section. (2) The term “net operating loss” means the excess of itemized costs and expenses of office allowed by this section over the gross income. A net operating loss may be deducted in the calendar year following the year in which the net operating loss occurred, but (A) if the net income of such subsequent year is not sufficient to pay all of such net operating loss, then the balance of such net operating loss may be deducted in the second calendar year following such net operating loss; and (B) if the net income of such second calendar year is not sufficient to pay all of the remaining net operating loss, then the balance of such net operating loss may be deducted in the third calendar year following such net operating loss. In no event shall any such net operating loss or part thereof be deductible for any report beyond the third calendar year in which it occurred.
(k) Compensation of judges in high volume courts. Notwithstanding the provisions of subsection (c) of this section concerning percentage payments, a judge of probate who is the judge in a court of probate designated as a high volume court shall be permitted to retain as net compensation, before the payment of any amounts due under sections 45a-34 to 45a-54, inclusive, and section 45a-75, the sum which shall be the greater of (1) the net compensation resulting from the application of the percentages in subsection (c) of this section or (2) the compensation earned after payment of actual expenses of the office not to exceed seventy-five per cent of the amount of the salary of a Superior Court judge as determined in accordance with subsection (a) of section 51-47 as determined on July first of the calendar year for which the assessments are being paid pursuant to this section. If a judge of probate of a high volume court leaves office during a calendar year, or if a judge of probate of a high volume court assumes office and serves during a portion of the calendar year, the minimum net compensation provided in this section shall be prorated in accordance with the number of days served during the calendar year as the numerator, and three hundred sixty-five as the denominator. For the purposes of this subsection, “high volume court” means a court of probate which serves a district having an estimated population of seventy thousand or more persons as reported in the State Register and Manual for the calendar year immediately preceding (A) the year for which the judge was elected, (B) the year in which such judge was elected, or (C) any year of the term of office of such judge. The amount of assessment payable to the State Treasurer under this section shall be reduced by the amount necessary to provide to the judge the minimum compensation to which such judge is entitled under this section, and the estimates of annual net income required in subsections (e) and (f) of this section may be reduced accordingly. Minimum compensation as provided in this section shall only be payable if all ordinary and necessary expenses of the court are paid.
(l) Applicability. This section applies only to income received by the courts of probate prior to January 5, 2011, except that payments made under section 45a-93 to a judge who leaves office or dies while in office shall be subject to the assessment under subsection (c) of this section regardless of when such payments are made.
(m) Compensation from January 1, 2011, to January 4, 2011. Notwithstanding the provisions of this section, the compensation of each probate judge in office during the period from January 1, 2011 to January 4, 2011, inclusive, shall be calculated by multiplying the judge's allowable compensation for calendar year 2010, as determined under the provisions of this section, by a fraction with the number of days served during such period as the numerator, and three hundred sixty-five as the denominator.
(1949 Rev., S. 6833; 1967, P.A. 558, S. 23; 1969, P.A. 528, S. 1; 1971, P.A. 278, S. 1; 1972, P.A. 281, S. 41; P.A. 73-365, S. 4; P.A. 74-94, S. 3, 5; P.A. 75-229; P.A. 77-576, S. 64, 65; P.A. 80-418, S. 1, 2; 80-476, S. 19; P.A. 81-472, S. 146, 147, 159; P.A. 84-24; 84-51, S. 1, 2; 84-546, S. 162, 173; P.A. 85-196; 85-613, S. 133, 154; P.A. 87-503, S. 1, 2; P.A. 88-215; P.A. 92-118, S. 3; P.A. 97-90, S. 2; P.A. 98-219, S. 1, 34; P.A. 99-84, S. 11, 12; P.A. 00-76, S. 2; 00-196, S. 26; P.A. 07-184, S. 9, 15–17; P.A. 09-114, S. 4; P.A. 10-34, S. 9; 10-41, S. 7.)
History: 1967 act amended provisions to distinguish between payments made on or before March 1, 1968, and those made each year after that date and revised table, adding 78% level and revising 100% level accordingly; 1969 act divided section into Subsecs., clarified provisions with regard to required filings and payments made in first and second years after judge ceases to hold office and required filings and payments made by representative of deceased judge, added provision re successor's filing of annual net income estimate and raised penalty for underestimated payments from 9% to 10% of amount of deficiency and interest on late payments from 6% to 9% per annum; 1971 act deleted provision for monthly installments where amount payable exceeds $1,200, added exception re amendment of estimated payments and corresponding adjustment in installments, and changed basis for ineligibility for renomination or election from failure to make payments within 30 days of due date to April deadline or 60 days after any objection to report has been resolved and allowed exception to ineligibility rule if majority of chief court administrator, probate court administrator and attorney general concur; 1972 act changed basis for 68% and 78% levels in Subsec. (c) table, revising 100% level accordingly; P.A. 73-365 deleted former provisions re ineligibility for renomination or election and inserted provision which required that alleged delinquency be referred to attorney general for action; P.A. 74-94 added provisions in Subsec. (c) specifically applicable to probate court administrator's payments, audits of his books and records and expenditures; P.A. 75-229 added Subsec. (d); P.A. 77-576 changed 78% level, revising 100% level accordingly; P.A. 80-418 revised table in Subsec. (c) re “maximum amount”, defined in that Subsec.; P.A. 80-476 reorganized Subsecs. and rephrased provisions but made no substantive changes; P.A. 81-472 added Subsec. (e)(2), containing language removed from Subsec. (f) and placed in (e); P.A. 84-24 amended Subsec. (i) increasing rate of interest on delinquent payments from 9% to 18%; P.A. 84-51 amended Subsec. (c) by revising table and percentage levels and made technical changes in provisions re salary of superior court judge, including deleting obsolete provisions; P.A. 84-546 changed effective date of P.A. 84-51 from January 1, 1984, to April 25, 1984, with applicability to income received during calendar years commencing on or after January 1, 1984; P.A. 85-196 amended Subsec. (f) adding exception for payments under estimates filed pursuant to Subsec. (e)(2) of this section; and amended Subsec. (i) adding provision re payment of penalty and interest in event of default of payment; P.A. 85-613 made technical change; P.A. 87-503 added Subsec. (k) re minimum compensation of judge of probate who is judge of probate court designated as a high volume court; P.A. 88-215 amended Subsec. (k) by changing population figure used in determination of high volume court from 100,000 to 70,000 people; Sec. 45-26 transferred to Sec. 45a-92 in 1991; P.A. 92-118 amended Subsec. (k) by adding phrase “or if a judge of probate of a high volume court assumes office and serves during a portion of the calendar year” in provision re prorating compensation; P.A. 97-90 amended Subsec. (f) re authority of Probate Court Administrator to adopt regulations to carry out intent of Subsec. (f), amended Subsec. (i) re estimated payments required to be paid and added provision re waiver of penalty by Probate Court Administrator and amended Subsec. (k) re year for determining “high volume court”; P.A. 98-219 amended Subsec. (c) by revising method of computation of percentage of annual net income payable to State Treasurer by probate judge, effective January 1, 1999; P.A. 99-84 amended Subsecs. (a), (b) and (g) by deleting “sworn” and inserting “signed under penalty of false statement”; P.A. 00-76 amended Subsec. (g) by deleting “March” and inserting “April”; P.A. 00-196 amended Subsec. (c) by changing “333.33%” to “333.67%” and making technical changes; P.A. 07-184 amended Subsec. (a) to substitute “April first” for “March first” and, effective July 1, 2007, made technical changes in Subsecs. (c), (f) and (i); P.A. 09-114 added Subsec. (l) re applicability to income received prior to January 5, 2011, effective June 9, 2009; P.A. 10-34 made technical changes in Subsecs. (c), (f) and (i); P.A. 10-41 amended Subsecs. (a) and (b) to provide that requirement to file statement shall not apply to any calendar year beginning on or after January 1, 2011, added Subsec. (e)(3) to provide that requirement to estimate annual net income and file estimate shall not apply to any calendar year beginning on or after January 1, 2011, amended Subsec. (g) to provide that requirement to make report shall not apply to any calendar year beginning on or after January 1, 2011, amended Subsec. (k)(2) to eliminate provision precluding extension of payments to subsequent calendar years if business of court in a calendar year does not produce sufficient income to pay minimum net compensation, amended Subsec. (l) to add exception for payments under Sec. 45a-93 to judge who leaves office or dies while in office, added Subsec. (m) re compensation of judge from January 1, 2011, to January 4, 2011, and made technical changes, effective May 18, 2010.
Annotation to former section 45-26:
Provision concerning ineligibility for renomination or election is not an infraction of Art. VI, Sec. 10 of the state constitution and is valid. 157 C. 150.