Probate court requests stable general‑fund support, warns year‑two shortfall if sweep resumes

Beverly Stryte, the state’s probate court administrator, told the Appropriations Subcommittee on Feb. 13 that probate‑court workload continues to grow and the court is asking the legislature for a general‑fund appropriation to stabilize operations and the court’s fee‑fund reserve.

Stryte said the system requested $16,000,000 in general‑fund assistance for fiscal 2026 and asked the legislature to suspend an automatic sweep of probate fee revenue at the end of the current fiscal year. The governor’s proposal, Stryte said, would leave the probate court at the current-year appropriation level for fiscal 2026 and would not suspend the sweep in year two — a combination she said would likely produce a shortfall in fiscal 2027.

‘‘Our goal has always been to reduce the volatility of the probate‑fee revenue through about a 25% operational expense funded through the general fund,’’ Stryte told members. ‘‘Based on our calculations, the governor’s proposal for fiscal 26 will probably keep us about where our request is and needs to be, and that's about $16,000,000. It's year 2 that becomes increasingly problematic.’’

Stryte said probate filings have increased roughly 58% over the past decade and that less than half of probate work involves decedent estates; much of the court’s caseload addresses guardianship and conservatorship matters, juvenile and mental‑health protections, and other services for vulnerable people. She said those duties drive growing indigency expenses for court‑appointed attorneys and professional conservators.

Stryte told the committee that court‑appointed attorneys are paid $58 an hour and professional conservators are paid $52 an hour; she said the last meaningful increase to those emergency rates occurred about six years ago and that substantial increases would have a major budget impact. Stryte estimated the court’s indigency expense for court‑appointed attorneys and conservators is close to $10,000,000 a year.

The probate administrator also described the statutory sweep that returns any fund balance above 15% of the next fiscal year’s expenditures to the general fund. She warned one pending bill, Raise Bill 7177, would change the state estate‑tax return due date and shift about a quarter of probate fee receipts into the following fiscal year if adopted, potentially aggravating short‑term cash flow.

Committee members asked for a breakdown of the request, including the components that account for the projected 5% increase in indigency expenses, health‑insurance premium changes, and potential wage or merit adjustments. Stryte and her finance director, Lisa Hansen, agreed to supply the committee with a written breakdown and historical sweep figures; Stryte said the probate court will provide specific swept amounts for recent years.

The hearing did not produce any legislative action; members and administrators agreed to follow up with staff briefings and written materials.