New probate system has been created by the will of the people

NORTH CANAAN —  While news networks were focused on the gubernatorial inauguration Jan.  5, a relatively large group of Northwest Corner residents was making a celebration out of the normally subdued swearing in of a probate judge and staff.

The festivities held at North Canaan Town Hall that morning marked the debut of the new Litchfield Hills Probate Court, a revised version of the old Northwest Corner probate district.

The new district is the result of a hard-fought battle by new Probate Judge Diane Blick (elected to office in November), retiring Judge Charlie Vail, town officials and regional planners from across the region.

During his four-year term as probate judge for the Northwest Corner District, Vail was responsible for making constituents aware of the implications of proposed redistricting by the state.

He believed it would represent a great hardship for residents here, some of whom would have to travel an hour or more to reach a court.

Probate court provides vital services such as estate settlements, living trusts, adoptions, name changes and family issues such as appointing guardians and terminating the rights of unfit parents, and needs to be easy to reach.

In 2009, the state Probate Assembly announced the system of courts, which operate on fees collected in probate transactions, would soon be bankrupt.

While the court here in the Northwest Corner was doing well financially, the state as a whole was dealing with too many indigent cases. The state’s answer was further consolidation of the individual courts, based on population density.

But a counter proposal was submitted to the state and ultimately accepted. The new district includes a main court in Litchfield and a “satellite� office in North Canaan.

People will be able to conduct business at whichever office in the district  is most convenient. Blick will hold hours in Litchfield, North Canaan and Kent each week. An experienced staff will remain at offices in many of the 12 towns in the new district.

Their voices were heard

At the Jan. 5 ceremony, Blick thanked the many people, particularly the boards of selectmen, who “stood up for the needs of their communities.�

She said she was overwhelmed with the number of people who attended the swearing-in ceremony (including many area lawyers who frequent the probate court), and she called it an historic moment. The ceremony included the unveiling of a new  sign, now mounted on the front of Town Hall.

Vail was given a plaque and thanks not only for his four years of service, but also for his efforts on guiding the reconfiguration.

In the weeks before his term expired, Vail visited selectmen’s meetings across the district. His goal was to thank them for their efforts in preserving a workable court district.

“I considered it very important, and I know you did, too,� he told the Cornwall Board of Selectmen during one of those visits. “I think it is absolutely critical that the North Canaan office remain, and I can’t thank the Council of Governments enough for their help with this.�

The Council of Governments is made up of first selectmen from nine Litchfield County towns.

He passed along his assurances that Judge Blick and a mostly veteran staff (with more than 80 years of combined experience) at the  district’s offices would continue to provide top-notch service. They are Chief Clerk Kay Matarese, who has been a clerk in the Litchfield court for 20 years; Beth McGuire, who has been a clerk in North Canaan for nine years, and who will also put in hours in Litchfield; Heath Prentis, assistant clerk in North Canaan for 11 years; and Linda Riiska, a former judge in Winsted and Norfolk with 20 years experience, who will clerk in the Norfolk office. Maggie Cooley, a former Cornwall probate judge with 20 years probate experience, will be the attorney for the district. Tanya Matulis, a clerk, has two years of experience in Thomaston.

During his tenure, Vail also worked on probate record storage. Most documents were stored in Sharon Town Hall, which was becoming a space issue. The state library agreed to take all probate records up to 1920. Records from 1976 forward have been filmed and are available in local town halls.

Probate predates the U.S.

Probate courts, in one form or another, have  been around since long before this was even an official nation.

In 1666, four county courts were established in Connecticut to settle estates.

In 1698, the courts were given the power to appoint guardianships.

In 1716, an act was passed to establish probate courts in each county, with a judge and clerk serving one-year terms.

Judges have been elected since 1850.