Petition/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/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/temporary Custody (Rev. 10/19)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition/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-502 - Petition/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-502, 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-502 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-502 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/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-502 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-502, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition/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-502 - Petition/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/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-502 - Petition/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.

CONN ECTICUT PROBATE COURTS Petition/Temporary Custody PC-502 REV. 10/19 CONFIDENTIAL Petition/Temporary Custody PC-502 Page 1 of 4 RECEIVED: Instructions: 1) An adult relative may use this form to petition for the appointment of a temporary custodian of a minor child if a petition for: a) removal of a 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. 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 temporary custody pending termination of parental rights, the petition may also be filed where the petitioner resides. 3) A birth certificate (long -form) and JD -FM-164, Affidavit Concerning Children, should be filed with the petition. Also file Confidential Sheet, PC-502CI, with confidential social security numbers. 4) For more information, see C.G.S. sections 45a-6 07, 45a-6 03 et seq., 45a-7 06 et seq., 46b-115 et seq. and 52-2 31a. 5) Type or print in ink. Use an additional sheet, or PC-180, if more space is needed a. Relationship to minor child: b. If p arent, date of bi rth: c.In military service of US or Allied Nation: Yes No d. Indian tribe and reservation: e. Legally incompetent: Yes No a. 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 Hereinafter referred to as the respondent(s) Probate Court Name District Number In the Matter of (Name of mi nor child) (Hereinafter referred to as the minor child) Minor Child’s Date of Birth Persons to be Removed as Guardian/Parental Rights Terminated. (For each person, list name, address, telephone number; relationship to the child; date of birth if a parent; whether 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 whether the person is le gally incompetent.) Petitioner (Name, address and telephone number) Petitioner is: Adult relative (List relationship and date of birth.) Attorney for minor child (Attach Appearance of Attorney, PC-183.) Adult with actual physical custody of minor child. (List date of birth, and describe circumstances under which the minor came to be in the petitioner’s custody): Tribe and Reservation of Minor Child, if an Indian Child as defined by 25 U.S.C. section 1903 (Name and address) Address where minor child resides Addre ss where minor child is domiciled (if different) Address where minor child is located at time of filing petition(if different) 6) Contact the court regarding payment of service of process fees and, if applicable, payment of newspaper notice publication. Petition/Temporary Custody PC-502 REV. 10/19 CONFIDENTIAL Petition/Temporary Custody PC-502 Page 2 of 4 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 child; 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 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: (Name, address and telephone number. State relationship to minor child.) CONN EC TI C UT PROBATE COURTS CONNECTICUT PROBATE COURTS Petition/Temporary Custody PC-502 REV. 10/19 CONFIDENTIAL Petition/Temporary Custody PC-502 Page 3 of 4 The petitioner represents that: A petition i s 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 the appointment of a guardian is pending. The parents or other guardians consent to an order of temporary custody of the minor child. [No further allegation is necessary against a consenting parent/guardian.] The petitioner further represents that the parent or other guardian has performed acts of omission or commission as set forth in C.G.S. sections 45a-610: The minor child has been abandoned by the parent or guardian in the sense that the parent or guardian has failed to maintain a reasonable degree of interest, concern or responsibility for the child’s welfare. The minor child has been denied the care, guidance or control necessary for physical, educational, moral or emotional well-being as defined by law. Th e 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. The petitioner 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 further 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 protective order or restraining order involving any party. If so, please attach. The minor child is is not the subject of a pre-exis ting child support order. Petition/Temporary Custody PC-502 REV. 10/19 CONFIDENTIAL Petition/Temporary Custody PC-502 Page 4 of 4 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 temporary custody for the minor child be gran ted to: _________________________________________________________ [List name and relationship to minor child.] The representations made in this petition are made under penalty of false statement. Signature of Petitioner Type or Print Name Date Acceptance of Trust of Temporary Custodian(s) 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 Consent to Temporary Custody I consent to an order of temporary custody of the minor child. [A parent may waive personal service by filing a Waiver of Personal or Abode Service/Parental Rights Matter, PC-633.] Signature of Par ent/Guardian Duly Acknowledged Before Me Type or Print Name Date Judge, Clerk, Public Notary, Comm. Sup. Ct. Signature of Parent/Guardian Duly Acknowledged Before Me Type or Print Name Date Judge, Clerk, Public Notary, Comm. Sup. Ct. CONN ECTICUT PROBATE COURTS