When Is "Too Soon" the Same as "Too Late"? A Probate Appeals TrapUnderstanding Connecticut's Strict Requirements for Probate Appeals
Connery v. Gieske, 323 Conn. 377 (2016) illustrates a costly trap: filing a probate appeal before the Probate Court issues its written decision.
The Facts
W. Hudson Connery, Jr. challenged his late ex-wife's will in Probate Court. After a March 6, 2013 hearing, the Probate Court made oral rulings but didn't mail written orders until September 27, 2015 two and a half years later.
Connery didn't wait. On April 15, 2013, he filed his appeal in Superior Court.
What Went Wrong
The trial court dismissed the appeal as untimely, reasoning that the 30-day appeal period started when parties received "actual notice" at the hearing. The Supreme Court disagreed but still affirmed dismissal on different grounds.
The Supreme Court's Holding
The Statute's Plain Language Controls
Conn. Gen. Stat. § 45a-186(a) is clear:
"Any person aggrieved... may, not later than thirty days after the mailing of an order... appeal therefrom to the Superior Court.... A copy of the order... shall be attached to the complaint."
The 30-day clock starts when the written order is mailed, not when the hearing occurs.
The Appeal Was Premature -Because written orders weren't mailed until September 2015, and Connery filed in April 2013, the appeal was filed too soon before there was anything to attach to the complaint as required by statute.
Strict Compliance Required
The Court emphasized: "The right to appeal from a decree of the Probate Court is purely statutory and the rights fixed by statute... must be met."
No substantial compliance. No "good enough." Strict compliance or nothing.
Critical Takeaways
1. The 30-Day Clock Starts When Orders Are MAILED - Not when the hearing occurs, or you receive "actual notice." Only when the Probate Court mails the written order.
2. You MUST attach the Written Order - Without it, your appeal fails even if filed within 30 days.
3. Don't File Before You Have the Written Order - Filing too early is just as fatal as filing too late.
4. Demand Written Orders - Probate Court Rules § 3.3 now requires Probate Courts to issue written orders. If they don't, demand one before your appeal period runs.
Practical Guidance
After a Probate Hearing:
Immediately request a written order
Don't rely on oral announcements
Calendar the mailing date (not the hearing date)
Verify you have the complete order before filing
Attach the actual order to your complaint
The Ironic Ending
Connery eventually got his appeal heard. After the Probate Court finally issued written orders on September 27, 2015, he filed a second appeal on October 22, 2015, this time with the written orders properly attached.
Bottom Line
Get the written order. Wait for it to be mailed. Attach it to your complaint. File within 30 days of mailing.
Anything less, and your appeal is dead on arrival.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice.