Petition/immediate Temporary Custody (Rev. 10/19)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition/immediate Temporary Custody (Rev. 10/19) is a commonly used form within Connecticut. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition/immediate Temporary Custody (Rev. 10/19)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition/immediate Temporary Custody (Rev. 10/19):

• This form pertains to the State of Connecticut

• The current version of this form was last revised on October 1, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Connecticut’s Form PC-501 - Petition/immediate Temporary Custody (Rev. 10/19) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Connecticut form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Connecticut probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PC-501, take a break, and then review. Probate and estate settlement processes in CT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PC-501 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PC-501 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition/immediate Temporary Custody (Rev. 10/19) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Connecticut.

5 reasons you should submit PC-501 as quickly as possible:

1. The sooner you begin, the faster Connecticut can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Connecticut. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Connecticut is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Connecticut probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Connecticut probate clerk or court for exact answers regarding Form PC-501, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition/immediate Temporary Custody (Rev. 10/19) is one of the many probate court forms available for download through Atticus.

It may also be available through some Connecticut probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Connecticut.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PC-501 - Petition/immediate Temporary Custody (Rev. 10/19) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Connecticut probate court office.

Petition/immediate Temporary Custody (Rev. 10/19) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Connecticut-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Connecticut Form PC-501 - Petition/immediate Temporary Custody (Rev. 10/19). You can use this to get an idea of the context of the form and what type of information is needed.

CONNECTICUT PROBATE COURTS Petition/Immediate Temporary Custody PC-501 REV. 10/19 CONFIDENTIAL Petition/Immediate Temporary Custody PC-501 Page 1 of 5 RECEIVED: Instructions: 1) An adult relative may use this form to petition for the appointment of an immediate temporary custodian of a minor child, if a petition for: a) removal of guardian, b) termination of parental rights, or c) appointment of a guardian of a minor child who has no guardian has been filed with the court. This form may also be used by an attorney for a minor child or by an adult who is not a relative, but who has actual physical custody of the minor child at the time the petition is filed. Probate Court Name District Number M inor Child’s Date of Birth Address where minor child is located at time of filing petition (if different) Tribe and Reservation of Minor Child, if an Indian Child as defined by 25 U.S.C. section 1903 (Name and address) Petitioner(Name, address and telephone number) Adult relative(List relationship and date of birth.) Adult with actual physical custody of minor child. (List birth date and describe c ircumstances under which the minor came to be in the petitioner’s custody): Persons to be Removed as Guardian/Parental Rights Terminated. (For each, list name, address, telephone number, relationship to the child; date of birth, if a parent; if in the military service of the United States or an Allied Nation (50 U.S. C. section 3931); Indian tribe and reservation, if a member as defined by 25 U.S.C. section 1903; and if the person is legally incompetent. 1. Relationship to minor child: b. If parent, date of birth: c. In military service of US or Allied Nation: Yes No d. Indian tribe and reservation: e.Legally incompetent: Yes No 2. a. Relationship to minor child: Petitioner is: Attorney for minor child (Attach Appearance of Attorney, PC-183.) In the Matter of (Name of minor child) (Hereinafter referred to as the minor child) Address where minor child is domiciled (If different) Address where minor child resides b. If parent, date of birth: d. Indian tribe and reservation: c. In military service of US or Allied Nation: Yes No e. Legally incompetent: Yes No a. Hereinafter referred to as the respondents 2)The petition should be filed in the court for the probate district in which the minor child resides, is domiciled, or is located at the time of filing the petition. If the petitioner is requesting immediate temporary custody pending termination of parental rights, the petition may also be filed where the petitioner resides. 3)A Custodian’s Affidavit/Immediate Temporary Custody, PC-510, must be filed with the petition unless the minor child is in the custody of a parent and is hospitalized with a serious injury or illness, and the parent is refusing or unable to consent to treatment. In this case, a Physician’s Certificate/Immediate Temporary Custody, PC-550, must be filed instead of the PC-510. In addition, a birth certificate (long form) and JD-FM-164, Affidavit Concerning Children, should be filed with the petition. Also file Confidential Sheet, PC-501CI, with confidential social security numbers. 4)Contact the court regarding payment of service of process and, if applicable, payment of newspaper notice publication. 5)For more information, see C.G.S. sections 45a-607, 45a-603 et seq., 45a-706 et seq., 46b-115 et seq. and 52-231a. 6)Type or print in ink. Use an additional sheet, or PC-180, if more space is needed. Petition/Immediate Temporary Custody PC-501 REV. 10/19 CONFIDENTIAL Petition/Immediate Temporary Custody PC-501 Page 2 of 5 If a parent listed above is a minor or legally incompetent, list the parents or guardian/conservator for the parent (Include the name, address, telephone number and relationship.) 1. 2. Name of parent whose parental rights were previously terminated, if any Name of deceased parents or guardians, if any The petitioner alleges that the whereabouts of the respondents are unknown. The last-known address of the respondents is: The following efforts have been made to obtain the current address for the respondents: Other Persons with Guardianship Rights. (For each person, list name, address, telephone number;relationship to the c hild; date of birth if a parent; whether parent is in the military service of the United States or an Allied Nation; Indian tribe and reservation, if a member as defined by 25 U.S.C. section 1903; and whether the person is legally incompetent.) Parents whose guardianship rights have previously been removed by a court. (For each person, list name, address, telephone number; relationship to the child; date of birth; whether the parent is in the military service of the United States or an Allied Nation; Indian tribe and reservation, if a member as defined by 25 U.S.C. section 1903; and whether the person is legally incompetent.) Minor Child is in the Current Physical Care of: (N ame, address and telephone number. State relationship to minor child.) CONN ECTICUT PROBATE COURTS Petition/Immediate Temporary Custody PC-501 REV. 10/19 CONFIDENTIAL Petition/Immediate Temporary Custody PC-501 Page 3 of 5 The petitioner represents that: A petition is pending in this court for the removal of one or both parents as guardians or for the removal of the guardian of the minor child; OR A petition is pending in this court for the termination of parental rights with respect to the minor child; OR The petitioner has reasonable grounds to believe that the minor child has no guardian of his or her person, and a petition for appointment of a guardian is pending. The petitioner further represents that: The minor child is in the current physical care of a person other than the parent or other guardian, subject to the petition for removal of guardianship or termination of parental rights. ( If this box is checked, Custodian’s Affidavit, PC-510, must be filed with this petition.) AND The child was not taken or kept from the parents or guardians, AND there is a substantial likelihood that the child will be removed from this jurisdiction prior to a hearing for temporary custody; OR To return the child to the parents or guardians would place the child in circumstanc es that would result in serious physical illness or injury, or the threat thereof, or imminent physical danger prior to a hearing for temporary custody; OR The minor child is hos pitalized as a result of serious physical illness or serious physical injury and is in need of immediate medical or surgical treatment, the delay of which would be life-threatening, AND the parents or guardians refuse to consent or are unable to consent to such treatment. (If this box is checked, Physician's Certificate/Immediate Temporary Custody, PC-550, from two physicians must be filed with this petition.) OR The minor child is in the current physical care of the parents or guardians, AND the minor child is hospitalized as a result of serious physical illness or serious physical injury and is in need of immediate medical or surgical treatment, the delay of which would be life-threatening, AND the parents or guardians refuse to consent or are unable to consent to such treatment. (If this box is checked, Physician's Certificate/Immediate Temporary Custody, PC-550, from two physicians must be filed with this petition.) The petitioner further represents that the parents or other guardians have performed acts of omission or commission as s et forth in C.G.S. section 45a-610: The minor child has been abandoned by the parents or guardians in the sense that the parents or guardians have failed to maintain a reas onable degree of interest, concern, or responsibility for the child’s welfare. T he minor child has been denied the care, guidance, or control necessary for his or her physical, educational, moral, or emotional well-being as defined by law. The minor child has had physical injuries inflicted upon him or her by a person responsible for such child’s health, welfare, or care, or by a person given access to such child by such responsible person, other than by accidental means, or has injuries which are at variance with the history given of them or is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment, or cruel punishment. The minor child has been neglected or uncared for, as defined in C.G.S. section 46b-120. AND BECAUSE OF SUCH ACTS, THE CHILD IS SUFFERING FROM SERIOUS PHYSICAL ILLNESS, SERIOUS PHYSICAL INJURY, OR THE IMMEDIATE THREAT THEREOF, OR IS IN IMMEDIATE PHYSICAL DANGER. CONN ECTICUT PROBA TE COUR TS Petition/Immediate Temporary Custody PC-501 REV. 10/19 CONFIDENTIAL Petition/Immediate Temporary Custody PC-501 Page 4 of 5 The pet itioner alleges the following specific acts of omission or commission (with dates, times and places), which cause the child to suffer serious physical illness or serious physical injury, or the immediate threat thereof, or place him or her in immediate physical danger. The petitioner furth er represents that to the best of his or her knowledge and belief: The minor child has resided has not resided in Connecticut continuously for the last six months. There is a proceeding is not a proceeding pending or contemplated in Connecticut or any other state affecting the custody of the minor child. There has been a proceeding has not been a proceeding in the past in Connecticut or any other state affecting the custody of the minor child. There is is not a current safety or service agreement between the Department of Children and Families and the parent/guardian of the minor child. There is is not a current protection order or restraining order involving any party. If so, please attach. The minor child is is not the subject of a pre-existing child support order. The petitioner further represents that it is in the best interest of the minor child that temporary custody of the minor child be granted to a proper person as provided in C.G.S. section 45a-607, pending determination of the: removal of parent as guardian matter termination of parental rights matter, or petition for appointment of a guardian for the minor child, who has no guardian. WHEREFORE the petitioner requests that an order for immediate temporary custody for the minor child be granted to: _________________________________________________________ (Name and relationship to minor child.) If the court denies the request for immediate temporary custody, the petitioner further requests that the court hold a hearing and order that temporary custody be granted to the persons listed above. The representations made in this petition are made under penalty of false statement. Signatur e of Petitioner Type or Print Name Date CONN ECTICUT PROBA TE COUR TS Petition/Immediate Temporary Custody PC-501 REV. 10/19 CONFIDENTIAL Petition/Immediate Temporary Custody PC-501 Page 5 of 5 Acceptance of Trust of Temporary Custodians If appointed, I will accept the position of trust. Signature of Proposed Temporary Custodian Type or Print Name (Include all prior names.) Date Address Phone Number Date of Birth Signature of Proposed Temporary Custodian Type or Print Name (Include all prior names.) Date Address Phone Number Date of Birth CONN ECTICUT PR OBA TE COUR TS