If an executor, administrator or trustee upon an estate shall appeal from the report of the commissioners in allowing a claim to a creditor and such claim is disallowed upon the appeal, or if a creditor shall appeal from the disallowance of claim in whole or in part and shall recover no more than was allowed by the commissioners, judgment for costs shall be rendered against the creditor. If upon an appeal by an executor, administrator or trustee the creditor shall recover as large a sum as, or a larger sum than, was allowed to the creditor by the commissioners, or if upon the creditor’s own appeal from the disallowance of claim in whole or in part, a creditor shall recover a greater sum than was allowed by the commissioners, costs will be taxed in the creditor’s favor against the estate. In any other case, costs shall be discretionary with the judicial authority.
Section 18-2.Costs on Appeal from Commissioners
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule sets who pays costs when an executor, administrator, trustee, or creditor appeals a commissioners' decision on a creditor's claim against an estate, based on who ultimately succeeds on appeal.
Full Text of Section 18-2
Amendment History
(P.B. 1978-1997, Sec. 409.)
Plain-English Summary
This rule allocates costs on appeals from a commissioners’ report allowing or disallowing a creditor’s claim against an estate. If an executor, administrator, or trustee appeals an allowed claim and the claim is disallowed on appeal, or if a creditor appeals a disallowance and recovers no more than the commissioners already allowed, judgment for costs goes against the creditor. If the creditor recovers as much as, or more than, the commissioners allowed — whether on the fiduciary’s appeal or the creditor’s own appeal — costs are taxed in the creditor’s favor against the estate. In any other case, costs are left to the discretion of the judicial authority.
Frequently Asked Questions
Who pays costs when a creditor's appeal fails to increase the award?
If a creditor appeals a disallowance and recovers no more than the commissioners already allowed, judgment for costs is rendered against the creditor.
What happens to costs if the creditor recovers more on appeal?
Costs are taxed in the creditor’s favor against the estate, whether the increased recovery came from the fiduciary’s appeal or the creditor’s own appeal.
Are costs always fixed by this rule?
No. In any case not covered by the specific outcomes described in the rule, costs are discretionary with the judicial authority.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 18-2). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: costs on appeal from commissioners Connecticutcreditor claim appeal costs estateexecutor administrator appeal costs CTPractice Book 18-2