Who Has the Right to Appeal a Probate Decision?

Probate appeals in Connecticut are not open invitations. You cannot appeal simply because you disagree with what happened. You must be “aggrieved.” In Day v. Seblatnigg, the Appellate Court reinforced a fundamental rule of probate litigation: standing is jurisdictional, and aggrievement is the gatekeeper.   This case is a reminder that probate appeals rise or fall on whether the appellant can demonstrate a legally protected interest that has been adversely affected.

The Core Issue: Aggrievement: Under General Statutes § 45a-186, only a “person aggrieved” by a probate order may appeal. That phrase is not casual. It carries doctrinal weight. Connecticut courts recognize two forms of aggrievement:

• Classical aggrievement — the appellant has a specific, personal, and legal interest that has been specially and injuriously affected.

• Statutory aggrievement — the legislature has expressly granted standing to a particular class of persons.

In Day, the court focused on whether the appellant met the classical test.  

Why This Matters

Probate litigation often involves multiple heirs, beneficiaries, fiduciaries, and sometimes peripheral family members. Not everyone has standing to appeal every ruling.

To establish aggrievement, a party must show:

1. A legally protected interest in the estate or proceeding.

2. That the probate decree adversely affected that interest in a direct and tangible way.

Speculation, disappointment, or indirect economic effects are not enough.

If the appellant cannot meet that burden, the Superior Court lacks subject matter jurisdiction. The appeal must be dismissed.

Probate Appeals Are Strictly Statutory: Connecticut probate appeals are creatures of statute. The Superior Court does not exercise general equitable oversight of probate matters. It acts only within the authority granted by § 45a-186.

That means:

• Standing is not flexible.

• Jurisdiction cannot be waived.

• Courts must dismiss appeals where aggrievement is not proven.

Day reinforces that probate appeals are not ordinary civil actions. They begin with a jurisdictional inquiry, and that inquiry can end the case before the merits are ever reached.  

The Structural Lesson

The probate system is designed for efficiency and finality. Aggrievement serves as a limiting principle. It prevents remote or tangential parties from disrupting estate administration through collateral appeals. For practitioners, the lesson is practical:

Before filing a probate appeal, identify the precise legal interest at stake. Define how the probate decree directly harmed that interest. Plead it clearly. Be prepared to prove it.

Because if aggrievement fails, the case never begins.

If you have questions about probate, conservatorship, or multi-state estate issues, feel free to call me or schedule a time.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a licensed attorney for advice regarding your specific situation