Guardian Ad Litem (GAL) Appointments in Decedents’ Estates Matters in COnnecticut

In a proceeding for the admission of a purported will to probate, the court may appoint a guardian ad litem (GAL) for an heir or beneficiary of a decedent’s estate if:

1. In the case of an heir, the court determines that the heir would likely receive a greater share of the estate if the decedent died intestate than under the purported will that is being offered for probate;

2. In the case of a beneficiary under a purported will in the custody of the court that is not being offered for probate, the court determines that the beneficiary would receive a greater share of the estate under the will that is not being offered for probate than under the will that is being offered for probate; or

3. In the case of a beneficiary under a purported will being offered for probate, the court determines that a GAL is necessary to protect the interests of the beneficiary.

Except as otherwise directed by the court, a GAL shall make reasonable efforts to verify that each heir or beneficiary whose name or address is unknown cannot be located, but is not required to conduct an exhaustive search for the heir or beneficiary. If the GAL is unable to locate an heir or beneficiary, or if the heir or beneficiary is a minor or is incompetent, undetermined or unborn, the GAL shall verify that the will was duly executed and make inquiry of appropriate persons to determine whether a reasonable basis exists to challenge the validity of the will. The GAL shall advise the court in writing whether the GAL objects to the admission of the will. If the GAL objects to admission of the will, the GAL shall request a hearing on the petition and shall present evidence in support of the objection.

The appointment of a GAL under this Section 30.8 of the Connecticut Probate Court Rules of Procedure shall terminate on the admission of the will to probate and the disposition of any appeal from the admission of the will unless the court determines that a GAL is still necessary.

Appointment of a GAL in an intestate estate or after admission of a will:

In any proceeding concerning an intestate estate or concerning a testate estate after the admission of the will, the court may appoint a GAL for an heir or beneficiary if the court determines that a GAL is necessary to protect the interests of the heir or beneficiary.

Except as otherwise directed by the court, a GAL appointed under this section shall take reasonable steps to locate each heir or beneficiary whose location is unknown. If the GAL is unable to locate the heir or beneficiary or if the heir or beneficiary is a minor or is incompetent, undetermined or unborn, the GAL shall review each petition concerning the estate and the overall management of the estate. The GAL shall advise the court in writing whether the GAL objects to any petition and may petition the court for review of any action of the executor or administrator to which the GAL objects. If the GAL objects to a petition or petitions the court for review of an action by the executor or administrator, the GAL shall request a hearing and shall present evidence in support of the objection or petition. (Rule 30 of Connecticut Probate Court Rules of Procedure).