Conn. Gen. Stat. § 45a-175 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-175
Sec. 45a-175. (Formerly Sec. 45-267). Jurisdiction of accounts of fiduciaries. Appointment of auditor to examine accounts, when.
Status: in_force

(b) A trustee or settlor of an inter vivos trust or the successor of the trustee, settlor or his or her legal representative may petition a Probate Court specified in section 45a-499p for submission to the jurisdiction of the court of an account for allowance of the trustee's actions under such trust.

(c) (1) Any beneficiary of an inter vivos trust may petition a Probate Court specified in section 45a-499p for an accounting by the trustee or trustees. The court may, after hearing with notice to all interested parties, grant the petition and require an accounting for such periods of time as it determines are reasonable and necessary on finding that: (A) The beneficiary has an interest in the trust sufficient to entitle the beneficiary to an accounting, (B) cause has been shown that an accounting is necessary, and (C) the petition is not for the purpose of harassment.

(2) As used in subdivision (1) of this subsection, “beneficiary” has the same meaning as provided in section 45a-499c .

(d) Any of the persons specified in section 1-350o may petition the Probate Court for the district where the agent has any place of business or to the Probate Court for the district where the agent or the principal resides or, in the case of a deceased principal, to the Probate Court having jurisdiction over the estate of the principal or for the district in which the principal resided immediately prior to death, for an accounting or other relief as provided in section 1-350o . The court shall grant the petition if filed by the principal, agent, guardian, conservator or other fiduciary acting for the principal. The court may grant a petition filed by any other person specified in section 1-350o if it finds that (1) the petitioner has an interest sufficient to entitle the petitioner to the relief requested, (2) cause has been shown that such relief is necessary, and (3) the petition is not for the purpose of harassment.

(e) The action to submit an accounting to the court, whether by an inter vivos trustee or agent acting under a power of attorney or whether pursuant to petition of another party, does not subject the trust or the power of attorney to the continuing jurisdiction of the Probate Court.

(f) If the court finds such appointment is necessary and in the best interests of the estate, the court upon its own motion may appoint an auditor to be selected from a list provided by the Probate Court Administrator, to examine accounts over which the court has jurisdiction under this section, except those accounts on matters in which the fiduciary or cofiduciary is a corporation having trust powers. The list of auditors compiled by the Probate Court Administrator shall be comprised of individuals who hold a license from the State Board of Accountancy as a certified public accountant or public accountant. The Probate Court Administrator may from time to time establish hourly rates and allowable expenses for the compensation of auditors under this section. Costs of the audit may be charged to the fiduciary, any party in interest and the estate, in such proportion as the court shall direct if the court finds the charge to be equitable. Any such share may be paid from the fund established under section 45a-82 , subject to the approval of the Probate Court Administrator, if it is determined that the person obligated to pay the share is unable to pay or to charge such amount to the estate would cause undue hardship.

(g) Upon the allowance of any such account, the court shall determine the rights of the fiduciaries or the agent under a power of attorney rendering the account and of the parties interested in the account, including the relief authorized under section 1-350p , subject to appeal as in other cases. The court shall cause notice of the hearing on the account to be given in such manner and to such parties as it directs.

(h) In any action under this section, the Probate Court shall have, in addition to powers pursuant to this section, all the powers available to a judge of the Superior Court at law and in equity pertaining to matters under this section.

Annotations to former section 45-267:

Allowance of sum in gross improper. 4 D. 140; 30 C. 208; 34 C. 303. Decree allowing account not impeachable in suit on bond. 4 D. 221; 16 C. 318. Probate Court has jurisdiction of every item of account. 8 C. 90; 16 C. 318. Oath to account necessary. 8 C. 424. Executor may be made to account for avails of real estate. 13 C. 506. Every sum collected but not inventoried should appear in account. 21 C. 243. Ascertained future expenses may be allowed. Id., 556. Unnecessary expenses not allowable items. 27 C. 238. Claim against administrator for services rendered gives claimant no right of appeal from account disallowing such claim. 28 C. 415. Expenses of administration are personal charges against executors. Id., 550. Decree accepting account has all the elements of a final judgment. 31 C. 382, but see 32 C. 560; 36 C. 186. Previous errors may be corrected in final account. 35 C. 123; 49 C. 534. Account cannot be settled in Superior Court in suit on bond. 36 C. 295. Acceptance of final account as settlement of estate. 72 C. 555; 77 C. 374; 78 C. 517. Percentage charge by administrator; lump sum for “traveling expenses”. 73 C. 639. Correction of final account to include property omitted from inventory. 84 C. 659. Accounting in case of change of capacity from administrator to guardian. 80 C. 111. Account should be read in connection with inventory. Id., 620. Accounting in case of change of capacity from executor to trustee. 111 U.S. 566. What are administration expenses; taxes of other states and of United States are. 92 C. 506. Penalty tax of Connecticut. 96 C. 369. Jurisdiction of Probate Courts to pass upon accounts of testamentary trustee is not exclusive. 121 C. 388. Cited. 124 C. 422; 131 C. 482; 147 C. 482; 149 C. 348; 155 C. 417; 165 C. 207. Does not confer on Probate Court any jurisdiction over a final account filed by a surety on the probate bond of a fiduciary. Id., 211. Cited. 202 C. 57.

Probate Court jurisdiction over inter vivos trust accounts not exclusive. 29 CS 275.

Annotations to present section:

Cited. 45 CA 490.

Cited. 45 CS 368.

Subsec. (b):

Specific intent of the grantor of a power of attorney to change domicile is irrelevant to determination of whether the grantor “resided” in the Probate Court district; standing under Subsec. does not require an individual named as the only successor to an attorney-in-fact under a power of attorney to have assumed the role of acting attorney-in-fact; showing of cause is not required before Probate Court may order an attorney-in-fact to account for her actions under a power of attorney. 306 C. 37.

Subsec. (c):

Subdiv. (1) discussed. 247 C. 686.

Subsec. (f):

Probate Court may enforce rights under Subsec. by, inter alia, surcharging fiduciary for breach of trust. 261 C. 585.

Subsec. (g):

Subsec. legislatively overruled 153 C. 603; Probate Court has same power to order discovery in a proceeding on the interim account challenged by someone with standing that Superior Court would have in a case in which that same person brought a plenary action in Superior Court challenging the account based on the conduct of the fiduciaries. 129 CA 814.
Conn. Gen. Stat. § 45a-609 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-609
Sec. 45a-609. (Formerly Sec. 45-44b). Application for removal of parent as guardian. Hearing. Notice. Examination.
Status: in_force

(b) The court shall order notice of the hearing to be given, at least ten days before the date of the hearing, to the Commissioner of Children and Families by first class mail and to both parents and to the minor, if over twelve years of age, by personal service or service at the parent's usual place of abode or the minor's usual place of abode, as the case may be, in accordance with section 52-50 , except that in lieu of personal service on, or service at the usual place of abode of, a parent or the father of a child born out of wedlock who is either a petitioner or who signs under oath a written waiver of such service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail at least ten days prior to the date of the hearing. If the parent to be notified resides out of or is absent from the state, the court shall order notice to be given by first class mail at least ten days prior to the date of the hearing. If the whereabouts of the parent to be notified are unknown, or if delivery cannot reasonably be effected, the court may order notice to be given by publication. Any notice by publication under this subsection shall be in a newspaper of general circulation in the place of the last-known address of the parent to be notified, whether within or without this state, or, if no such address is known, in the place where the application was filed. In either case, such notice shall be given at least ten days before the date of the hearing. If the applicant alleges that the whereabouts of a respondent are unknown, such allegation shall be made under penalty of false statement and shall also state the last-known address of the respondent and the efforts which have been made by the applicant to obtain a current address. The applicant shall have the burden of ascertaining the names and addresses of all parties in interest and of proving to the satisfaction of the court that the applicant used all proper diligence to discover such names and addresses. Except in the case of newspaper notice, the notice of hearing shall include the following: (1) The notice of hearing, (2) the application for removal of parent as guardian, (3) any supporting documents and affidavits filed with such application, (4) any other orders or notices made by the Probate Court, and (5) any request for investigation by the Department of Children and Families or any other person or agency. Such notice shall also inform the respondent of the right to have an attorney represent the respondent in the matter, and if the respondent is unable to obtain or to pay an attorney, the respondent may request the Probate Court to appoint an attorney to represent the respondent. Newspaper notice shall include such facts as the court may direct.

(c) If a parent is over eighteen years of age he or she may sign and file a written waiver of notice with the court.

(d) Upon finding at the hearing or at any time during the pendency of the proceeding that reasonable cause exists to warrant an examination, the court, on its own motion or on motion by any party, may order the child to be examined at a suitable place by a physician, psychiatrist or licensed clinical psychologist appointed by the court. The court may also order examination of a parent or custodian whose competency or ability to care for a child before the court is at issue. The expenses of any examination, if ordered by the court on its own motion, shall be paid for by the applicant, or if ordered on motion by a party, shall be paid for by the party moving for such an examination. If such applicant or party is unable to pay the expense of any such examination, it shall be paid from the Probate Court Administration Fund, or, if the matter has been removed to the Superior Court, from funds appropriated to the Judicial Department.

Annotation to former section 45-44b:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-500k — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500k
Sec. 45a-500k. No duty to monitor, inform or advise.
Status: in_force

(b) Unless the terms of a trust provide otherwise: (1) A trust director does not have a duty to: (A) Monitor a trustee or another trust director; or (B) inform or give advice to a settlor, beneficiary, trustee or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and (2) by taking an action described in subdivision (1) of this subsection, a trust director does not assume the duty excluded by said subdivision.
Conn. Gen. Stat. § 45a-736 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-736
Sec. 45a-736. (Formerly Sec. 45-66a). Change of name of adopted person.
Status: in_force

Annotation to former section 45-66a:

Cited. 17 CA 627.
Conn. Gen. Stat. § 45a-151 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-151
Sec. 45a-151. (Formerly Sec. 45-231). Compromise and settlement of claims. Conveyance of real property.
Status: in_force

(b) In order to accomplish such compromise or settlement, the court may, after deduction of attorney's fees and costs, authorize such settlement as proposed by the fiduciary in a lump sum or in periodic payments to the estate, to an existing trust or to a newly created trust for the benefit of those represented by the fiduciary. Such trusts may include those created in compliance with Section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as from time to time amended. In the case of a gift or transfer in trust, any transfer to a court-approved trust created by a fiduciary shall be subject to continuing Probate Court jurisdiction as if it were a testamentary trust. In deciding whether the net settlement as proposed by the fiduciary is beneficial, the court shall consider the best interests of those represented by the fiduciary, and in the case of a decedent's estate, the intention of the decedent. The court may also authorize the conveyance, with or without requiring a bond, of the whole or any part of, or any easement or other interest in, any real property situated in this state forming part of the trust estate or owned by any such trustee, executor or administrator or owned by any deceased person, ward, conserved person or incapable person for whom such an executor, guardian, conservator or administrator was appointed.

Annotations to former section 45-231:

Controversy arising out of distribution of property under invalid will may be settled under statute by conservator of a distributee. 71 C. 590. Claim for land may be settled by cash payment. 85 C. 50. Conclusiveness of finding that claim is doubtful; inclusion in order of claim not presented properly. 86 C. 470. Whether Probate Court may authorize compromise of right of a minor under a will, quaere. 110 C. 161. Extension by executor of time for payment of mortgage held by estate is not within scope of statute. 116 C. 65. Purpose of statute is to protect fiduciary in payment of doubtful claims. Id., 66; 127 C. 482; 133 C. 480. Agreement by conservator re distribution of surplus income from testamentary trust, properly submitted to Probate Court. 127 C. 222. Provision of will that Probate Court is to determine if beneficiary is entitled to receive income under trust, sustained. 131 C. 480. Cited. 134 C. 340. Former statute broad enough to include compromise settlement to avoid threatened appeal from the admission of will to probate. 145 C. 634. Right of attorney to collect fee for effecting compromise under section. 147 C. 225. Cited. Id., 406. Empowers Probate Court to settle disputed claims provided trustee recognized claim. 160 C. 415.

Cited. 13 CA 45.

Position of executor under section. 7 CS 205.
Conn. Gen. Stat. § 45a-188 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-188
Sec. 45a-188. (Formerly Sec. 45-291). Timing of taking appeals by minors.
Status: in_force

(b) In the case of any minor who has a guardian or guardian ad litem appointed and qualified by any Probate Court in this state at the time of the making of the order, denial or decree, the minor or anyone on his or her behalf may appeal therefrom within the time provided in section 45a-186 if the guardian or guardian ad litem had legal notice of the time and place of the hearing.

(c) Any judge or clerk of the Probate Court or any fiduciary may cause written notice of any order, denial or decree of the Probate Court to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby. In any such case the person, minor, guardian or guardian ad litem may appeal only within the time provided in section 45a-186 after receiving such notice.

Annotations to former section 45-291:

Appeal after time voidable, but not void. 61 C. 386. Right of guardian to compromise disputed claim may be tested by ward upon attaining his majority. 110 C. 162. Cited. 129 C. 315; 163 C. 439. When written waiver of notice is filed, notice requirement of section is satisfied. 169 C. 382. 12-month appeal period not reduced to 1 month where notice of Probate Court's decree not given by one of officials referred to in the statutes. 185 C. 25.

Publication of notice of a probate hearing in local newspaper not legal notice to nonresident. 8 CS 262. Executor could properly adopt the notice sent by the assistant clerk as his own act. Id., 543. Legal notice to nonresidents is not actual notice but notice given upon order of the court. 22 CS 232. Cited. 28 CS 393.
Conn. Gen. Stat. § 45a-434 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-434
Sec. 45a-434. (Formerly Sec. 45-272a). Division of estate among joint devisees or legatees.
Status: in_force

(b) If the devisees, legatees or heirs are legally capable of acting and make a division in writing, in the manner provided for the division of an intestate estate, such division shall be valid.

(c) Whenever there has been a contest with respect to the validity, admissibility to probate or construction of a will, if all persons interested in the estate, including persons interested as contestants or fiduciaries acting on behalf of a contestant, make and file in the court an agreement as to the division of the estate, in writing, executed and acknowledged in the same manner as provided for conveyances of land in section 47-5 , such agreement shall be a valid division of the estate if approved by the Court of Probate. Any such fiduciary may petition the court of probate which appointed him for permission to enter into such an agreement. The court of probate may grant such petition or may deny such petition. Such petition shall not be denied unless a hearing has been held thereon for which the court shall make such order of notice as it deems reasonable. Any such contested estate which is settled by such an agreement shall be subject to the tax imposed under chapter 216, which shall be imposed on the basis of the disposition provided for in whatever will or codicil, if any, is admitted to probate after such agreement or if no will or codicil is admitted to probate, then on the basis of the dispositions provided for under the laws of intestacy.

Annotations to former section 45-182:

Distribution cannot be made by distributors appointed by heirs and devisees. 3 D. 260. Preceding case distinguished. 17 C. 354. Distribution can be made of a piece of land the north half of which was devised to one and the south half to another. 7 C. 21. Court of Probate has no jurisdiction to approve distribution made by parties appointed by will. 8 C. 412. No distributors necessary where estate is all in money. 16 C. 317. Distribution cannot be set aside in equity. 24 C. 246. Distributions to be liberally construed. 31 C. 588. Distributors should make a reappraisal if necessary, before distribution. 42 C. 346. Superior Court has no power to make or order distribution to be made. 46 C. 179. Court and distributors must recognize conditions and burdens attached to division by testator. 64 C. 53. Distribution as relating back to death of testator. 65 C. 510. Proceeds of sale of real estate treated as land would have been. 66 C. 410; 82 C. 308. Distributors' duties; cannot pass on validity of claims. 68 C. 84. Cited. 69 C. 78. Power of court to determine distributees. 71 C. 128; 72 C. 322. Treatment of fire insurance money where fire occurs after testator's death. Id., 29. Court may order partial distribution. 73 C. 56. When a person appointed in will makes only partial distribution, court may appoint distributors to complete it. 74 C. 131. No occasion for distribution if only one devisee. 77 C. 378. Distribution not source of title. 78 C. 485; 87 C. 85. Distribution to “heirs” of deceased person void. 78 C. 485; 80 C. 363; 83 C. 346; 84 C. 323. Distribution of stock in fractional parts. 81 C. 95. Any division joined in by all distributees constitutes valid distribution. 86 C. 471; 89 C. 427; 104 C. 103. Division may be executed by majority of the disinterested persons, provided all three had notice of meeting and opportunity to be present. 111 C. 591. Statute does not apply if testator appoints someone to make the division. 117 C. 374. Cited. 121 C. 112.

Annotation to former section 45-272a:

Cited. 2 CA 729.

Annotation to current section:

Defendant, who was neither a named beneficiary to the will admitted to probate nor recognized under intestacy statutes as an heir-at-law and who failed to establish that she had any pecuniary interest in the estate, was not a person interested in the estate under Subsec. (c) and, therefore, she was not a necessary party to the settlement agreement. 223 CA 676.
Conn. Gen. Stat. § 45a-655 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-655
Sec. 45a-655. (Formerly Sec. 45-75). Duties of conservator of the estate. Application for distribution of gifts of income and principal from the estate. Determinations re breach of fiduciary duty.
Status: in_force

(b) Any conservator of the estate of a married person may apply such portion of the property of the conserved person to the support, maintenance and medical treatment of the conserved person's spouse which the Probate Court, upon hearing after notice, decides to be proper under the circumstances of the case.

(c) Notwithstanding the provisions of section 45a-177 , the court may, and at the request of any interested party shall, require annual accountings from any conservator of the estate and the court shall hold a hearing on any such account with notice to all persons entitled to notice under section 45a-649 .

(d) In the case of any person receiving public assistance, state-administered general assistance or Medicaid, the conservator of the estate shall apply toward the cost of care of such person any assets exceeding limits on assets set by statute or regulations adopted by the Commissioner of Social Services. Notwithstanding the provisions of subsections (a) and (b) of this section, in the case of an institutionalized person who has applied for or is receiving such medical assistance, no conservator shall apply and no court shall approve the application of (1) the net income of the conserved person to the support of the conserved person's spouse in an amount that exceeds the monthly income allowed a community spouse as determined by the Department of Social Services pursuant to 42 USC 1396r-5(d)(2)-(4), or (2) any portion of the property of the conserved person to the support, maintenance and medical treatment of the conserved person's spouse in an amount that exceeds the amount determined allowable by the department pursuant to 42 USC 1396r-5(f)(1) and (2), notwithstanding the provisions of 42 USC 1396r-5(f)(2)(A)(iv), unless such limitations on income would result in significant financial duress.

(e) Upon application of a conservator of the estate, after a hearing with notice to the Commissioner of Administrative Services, the Commissioner of Social Services and to all parties who may have an interest as determined by the court, the court may authorize the conservator to make gifts or other transfers of income and principal from the estate of the conserved person in such amounts and in such form, outright or in trust, whether to an existing trust or a court-approved trust created by the conservator, as the court orders to or for the benefit of individuals, including the conserved person, and to or for the benefit of charities, trusts or other institutions described in Sections 2055(a) and 2522(a) of the Internal Revenue Code of 1986, or any corresponding internal revenue code of the United States, as from time to time amended. Such gifts or transfers shall be authorized only if the court finds that: (1) In the case of individuals not related to the conserved person by blood or marriage, the conserved person had made a previous gift to that unrelated individual prior to being declared incapable; (2) in the case of a charity, either (A) the conserved person had made a previous gift to such charity, had pledged a gift in writing to such charity, or had otherwise demonstrated support for such charity prior to being declared incapable; or (B) the court determines that the gift to the charity is in the best interests of the conserved person, is consistent with proper estate planning, and there is no reasonable objection by a party having an interest in the conserved person's estate as determined by the court; (3) the estate of the conserved person and any proposed trust of which the conserved person is a beneficiary is more than sufficient to carry out the duties of the conservator as set forth in subsections (a) and (b) of this section, both for the present and foreseeable future, including due provision for the continuing proper care, comfort and maintenance of such conserved person in accordance with such conserved person's established standard of living and for the support of persons the conserved person is legally obligated to support; (4) the purpose of the gifts is not to diminish the estate of the conserved person so as to qualify the conserved person for federal or state aid or benefits; and (5) in the case of a conserved person capable of making an informed decision, the conserved person has no objection to such gift. The court shall give consideration to the following: (A) The medical condition of the conserved person, including the prospect of restoration to capacity; (B) the size of the conserved person's estate; (C) the provisions which, in the judgment of the court, such conserved person would have made if such conserved person had been capable, for minimization of income and estate taxes consistent with proper estate planning; and (D) in the case of a trust, whether the trust should be revocable or irrevocable, existing or created by the conservator and court approved. The court should also consider the provisions of an existing estate plan, if any. In the case of a gift or transfer in trust, any transfer to a court-approved trust created by the conservator shall be subject to continuing probate court jurisdiction in the same manner as a testamentary trust including periodic rendering of accounts pursuant to section 45a-177 . Notwithstanding any other provision of this section, the court may authorize the creation and funding of a trust that complies with section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as from time to time amended. The provisions of this subsection shall not be construed to validate or invalidate any gifts made by a conservator of the estate prior to October 1, 1998.

(f) When determining whether a conservator has breached a fiduciary duty, the Probate Court having jurisdiction over the conservatorship may consider evidence of a conservator's failure to adhere to a provision contained in the standards of practice adopted under subsection (h) of section 45a-77 but such failure shall not, in itself, constitute a breach of fiduciary duty.

See Sec. 17b-261b re Probate Court's responsibility to cooperate with Department of Social Services concerning applications for spousal support.

See Secs. 45a-166, 45a-660 re distribution of proceeds from sale of real estate.

See Sec. 45a-203 re investment of funds held by the trustees, guardians or conservators.

See Sec. 45a-595 re investment of funds in insurance and annuity contracts by conservator or guardian of estate.

Annotations to former section 45-75:

When ward is sued, reasonable notice should be given conservator. K. 174. Conservator liable for former contract after termination of office. 2 R. 372. Ward may sue in his own name. 3 D. 475. Rights and duties of conservator cease with ward's death. 1 C. 65. Deed executed by ward with consent of conservator held void. 3 C. 231. Conservator may submit claims of ward to arbitration. 12 C. 382. Cannot agree as to disposition of ward's estate after ward's death. 19 C. 596. Probate Court may settle conservator's account after he has gone out of office. 28 C. 274. May enter dwelling of ward without his consent. 29 C. 569. Cannot sue in his name for money lent by ward. 44 C. 121. Cannot bind ward or his estate by contract. 53 C. 119, but see 127 C. 222. May lease ward's real estate. 55 C. 116; 67 C. 195. Conservator not necessary party to action by ward. 66 C. 444. Powers; investments; damages for improper investments. 67 C. 187. Power of conservator to compromise controversy. 71 C. 590; 85 C. 52. Liability of estate for necessaries furnished ward. 72 C. 167. Ward can still take title to property. 82 C. 151. Power to borrow on credit of estate; liability for misuse of funds. 85 C. 279. Entry by administrator of ward to prosecute action brought by conservator in his own name. 91 C. 681. Conservator not liable for unnecessary wearing apparel furnished without his knowledge or approval to ward's wife. 93 C. 36. Care and management of ward's estate primarily entrusted to Probate Court; conservator in many respects an agent of court. 115 C. 330. Title to federal veterans benefits coming into conservator's possession vests in ward. Id., 331. Conservator has implied power to make contracts so far as they are involved in exercise of powers expressly granted. 127 C. 222. Nothing in section to indicate conservator may bind ward's estate to implied contract without express Probate Court approval. 155 C. 119. Cited. 168 C. 498; 199 C. 524; 202 C. 57; 209 C. 390.

Cited. 11 CA 297.

Cited. 20 CS 262.

Annotations to present section:

Court overruled trial court to hold that at time of the creation of trust at issue, Probate Court had authority to authorize establishment of such a trust. 247 C. 686. First use of “notwithstanding” in Subsec. (d) indicates legislature's desire to carve out an exception to the authority under Subsec. (b) of the Probate Court and conservator when a person has sought or is receiving medical assistance, insofar as it limits court's authority to award support to the amount approved by Department of Social Services pursuant to federal law. 328 C. 294.

Cited. 42 CA 70. Right of recovery under negligence theory recognized against defendant conservator even where no probate bond obtained, and trial court improperly granted summary judgment; defendant owed plaintiff nursing home duty of care to take steps necessary to secure payment for care of conserved person and harm to plaintiff from defendant's failure to timely submit Medicaid applications was foreseeable. 185 CA 340.

Subsec. (a):

Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under Sec. 45a-144 against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under this Subsec. and Sec. 45a-656(a), as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff; Sec. 45a-144(a) provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint stated legally sufficient cause of action. 257 C. 531. Legislature did not intend to allow a person who has voluntarily sought a conservator to retain joint control over the matters delegated to the conservator's authority. 341 C. 815.

Although Subsec. does not expressly provide that a conservator may initiate a declaratory judgment action questioning the validity of a trust created by a voluntarily conserved person and created without the former conservator having obtained Probate Court approval, such power is reasonably implied from Subsec. and from case law. 186 CA 482; judgment affirmed, see 341 C 815.
Conn. Gen. Stat. § 45a-542c — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542c
Sec. 45a-542c. Trustee's power to adjust.
Status: in_force

(b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

(1) The nature, purpose and expected duration of the trust;

(2) The intent of the settlor, including the settlor's probable intent, which is the settlor's dominant plan and purpose as they appear from the entirety of the trust when read and considered in light of the present facts and circumstances;

(3) The identity and circumstances of the beneficiaries;

(4) The needs for liquidity, regularity of income and preservation and appreciation of capital;

(5) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor;

(6) The net amount allocated to income under sections 45a-542 to 45a-542b , inclusive, and sections 45a-542d to 45a-542ff , inclusive, and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;

(7) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(8) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; and

(9) The anticipated tax consequences of an adjustment.

(c) A trustee may not make an adjustment:

(1) That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment;

(2) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;

(3) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;

(4) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside;

(5) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;

(6) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment;

(7) If the trustee is a beneficiary of the trust;

(8) If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly;

(9) Between the income and principal of a legal life estate; or

(10) If the exercise of the power to adjust by allocating principal to income conferred by subsection (a) of this section would not significantly increase the funds actually available to the income beneficiary, taking into account funds available from sources other than the trust.

(d) If subdivision (5), (6), (7) or (8) of subsection (c) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.

(e) A trustee may release the entire power conferred by subsection (a) of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subdivisions (1) to (6), inclusive, or subdivision (8) of subsection (c) of this section or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in said subsection (c). The release may be permanent or for a specified period, including a period measured by the life of an individual.

(f) Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection (a) of this section.
Conn. Gen. Stat. § 45a-446 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-446
Sec. 45a-446. (Formerly Sec. 45-277). Distribution when heir, legatee or distributee is presumed to be dead. Liability of fiduciary.
Status: in_force

(b) After such administration and distribution, the fiduciary shall not be liable to the person so presumed to be dead in any action for the recovery of the estate.

Annotations to former section 45-277:

Heir taking under section may plead statute of limitations to suit to recover brought by missing heir. 90 C. 569.

Superior Court cannot determine heirs and distributees, only Probate Court may. 7 CS 106.
Conn. Gen. Stat. § 45a-542e — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542e
Sec. 45a-542e. Distribution to beneficiaries.
Status: in_force

(b) In determining a beneficiary's share of net income, the following rules apply:

(1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.

(2) The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.

(3) The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

(c) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(d) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset.
Conn. Gen. Stat. § 45a-542b — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542b
Sec. 45a-542b. Fiduciary duties.
Status: in_force

(1) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in sections 45a-542 to 45a-542ff , inclusive;

(2) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by sections 45a-542 to 45a-542ff , inclusive;

(3) Shall administer a trust or estate in accordance with sections 45a-542 to 45a-542ff , inclusive, if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and

(4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and sections 45a-542 to 45a-542ff , inclusive, do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(b) In exercising the power to adjust under subsection (a) of section 45a-542c or a discretionary power of administration regarding a matter within the scope of sections 45a-542 to 45a-542ff , inclusive, whether granted by the terms of a trust, a will or said sections, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with sections 45a-542 to 45a-542ff , inclusive, is presumed to be fair and reasonable to all of the beneficiaries.
Conn. Gen. Stat. § 45a-288 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-288
Sec. 45a-288. (Formerly Sec. 45-171). Recording of a will proved without this state.
Status: in_force

(b) Nothing in this section shall give effect to a will made in this state by a resident of this state which has not been executed according to the laws of this state.

(c) If the Probate Court finds sufficient objection to such will, the applicant shall offer competent proof of the contents and legal sufficiency of the will, except that the original thereof need not be produced unless so directed by the Probate Court.

Annotations to former section 45-171:

Decree of court of competent jurisdiction of another state finding domicile of testator to have been therein, conclusive here. 50 C. 340. Effect of probate in another state. 67 C. 27. Power of courts of this state with reference to approving executor who has qualified elsewhere; effect of failure to give notice of application for probate. 81 C. 685. Title cannot pass by will of nonresident until it is probated here. 86 C. 707. Foreign administrator or executor cannot administer on assets here or sue here without first obtaining ancillary administration; right to receive assets tendered him voluntarily; how appointment here secured. 92 C. 654. Duty of court when foreign will offered for probate here. 93 C. 553.

Cited. 19 CA 456.

Annotation to present section:

Subsec. (a):

Trial court properly determined “no sufficient objection” to will had been shown where no evidence presented that will did not comply with law of foreign jurisdiction re execution, that will was not properly probated or that record of proceedings establishing and proving will in the foreign jurisdiction were not in order, that plaintiff failed to request that copies of documents submitted be filed and recorded, or that plaintiff failed to provide a description of the property in Connecticut; requirements of Subsec. enumerated. 162 CA 412.
Conn. Gen. Stat. § 45a-681 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-681
Sec. 45a-681. (Formerly Sec. 45-333). Review of guardianship by court.
Status: in_force

(1) The court shall receive and review written evidence as to the condition of the protected person. Except as provided in subdivision (2) of this subsection, the guardian and a Department of Developmental Services professional or, if requested by the protected person or by the court, an assessment team appointed by the Commissioner of Developmental Services or the commissioner's designee shall each submit a written report to the court not later than forty-five days after the court's request for such report.

(2) In the case of a protected person who is functioning adaptively and intellectually within the severe or profound range of intellectual disability, as determined by the Department of Developmental Services, the court shall receive and review written reports as to the condition of the protected person only from the guardian, except that the court may require a Department of Developmental Services professional or assessment team to submit a written report as to the condition of the protected person.

(3) The Department of Developmental Services professional or assessment team shall personally observe or examine the protected person within the forty-five-day period preceding the date it submits any report under subdivision (4) of this subsection.

(4) Each written report shall be submitted to the court not later than forty-five days after the court's request for such report. On receipt of a written report from the guardian or a Department of Developmental Services professional or assessment team, the court shall provide a copy of the report to the attorney for the protected person.

(5) The written report or testimony by the Department of Developmental Services professional or assessment team shall not be required for the court's review of guardianship pursuant to this section if the protected person has been determined ineligible for services of the Department of Developmental Services by the commissioner or his or her designee, provided such denial of eligibility is based on the determination that the individual does not have intellectual disability as defined in section 1-1g . A copy of the eligibility determination letter indicating that the basis of ineligibility is the absence of intellectual disability, as defined in section 1-1g , shall be provided to the court in lieu of a report by the assessment team and no further assessment by the team shall be required.

(6) Not later than thirty days after the attorney for the protected person receives a copy of a report pursuant to subdivision (4) of this subsection, the protected person's attorney shall (A) meet with the protected person concerning the report, and (B) provide written notice to the court (i) that the protected person's attorney has met with the protected person, and (ii) indicating whether a hearing is requested. Nothing in this section shall prevent the protected person or the protected person's attorney from requesting a hearing at any other time as permitted by law.

(7) If the protected person is unable to request or obtain an attorney, the court shall appoint an attorney for the protected person. If the protected person is unable to pay for the services of the attorney, the reasonable compensation of such attorney shall be established by, and paid from funds appropriated to, the Judicial Department; however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(b) If the court determines, after receipt of the reports from the Department of Developmental Services professional or assessment team and the guardian, and notice from the attorney for the protected person, that there has been no change in the condition of the protected person since the last preceding review by the court, a hearing on the condition of the protected person shall not be required, but the court, in its discretion, may hold such hearing. If the protected person's attorney, the Department of Developmental Services professional or assessment team or the guardian requests a hearing, the court shall hold a hearing within thirty days of such request. No order expanding or reducing the powers and responsibilities of a guardian shall be issued unless such hearing is held.
Conn. Gen. Stat. § 45a-499hhh — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499hhh
Sec. 45a-499hhh. Recordkeeping and identification of trust property.
Status: in_force

(b) A trustee shall keep trust property separate from the trustee's own property.

(c) Except as provided in subsection (d) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.

(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
Conn. Gen. Stat. § 45a-751a — Connecticut Code / Title 45a / Chapter 803 / Section 45a-751a
Sec. 45a-751a. Conditions re release of information. Counseling.
Status: in_force

(b) If the authorized applicant is not a resident of Connecticut and it appears that counseling is advisable with release of the information, the child-placing agency or department may refer the person to an out-of-state child-placing agency or appropriate governmental agency or department, approved by the department or accredited by the Child Welfare League of America, the National Conference of Catholic Charities, the Family Services Association of America or the Council on Accreditation of Services of Families and Children.

(c) If an out-of-state referral is made, the information shall be released to the out-of-state child-placing agency or department for release to the authorized applicant, provided such information shall not be released if such child-placing agency or department determines that release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the adult adopted or adoptable person or the person whose identity is being requested and provided such information shall not be released unless the consents required by subsection (b) of section 45a-751b are given and the out-of-state child-placing agency or department is satisfied as to the identity of the person.
Conn. Gen. Stat. § 45a-342 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-342
Sec. 45a-342. (Formerly Sec. 45-203). Penalty for not filing inventory.
Status: repealed

Annotations to former section 45-203:

Remedy given by section not exclusive. 60 C. 482. What constitutes excuse by court. 76 C. 555. Provision for penalty may be repealed to affect pending actions. 78 C. 423. Cited. 138 C. 376; 202 C. 57.
Conn. Gen. Stat. § 45a-535a — Connecticut Code / Title 45a / Chapter 802c / Section 45a-535a
Sec. 45a-535a. Definitions.
Status: in_force

(1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of governmental purposes and any other purpose the achievement of which is beneficial to the community;

(2) “Endowment fund” means an institutional fund or any part thereof not wholly expendable by the institution on a current basis under the terms of a gift instrument. The term does not include assets of an institution designated by the institution as an endowment fund for its own use;

(3) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to or held by an institution as an institutional fund;

(4) “Institution” means:

(A) A person, other than an individual, organized and operated exclusively for charitable purposes;

(B) A government or a governmental subdivision, agency or instrumentality to the extent that it holds funds exclusively for a charitable purpose; and

(C) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated;

(5) “Institutional fund” means a fund held by an institution exclusively for charitable purposes or a fund held by a trustee for a charitable community trust. “Institutional fund” does not include:

(A) Program-related assets;

(B) A fund held for an institution by a trustee that is not an institution, other than a fund which is held for a charitable community trust; or

(C) A fund in which a beneficiary that is not an institution has an interest other than an interest that could arise upon violation or failure of the purposes of the fund;

(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity;

(7) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for appreciation or the production of income; and

(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Conn. Gen. Stat. § 45a-726c — Connecticut Code / Title 45a / Chapter 803 / Section 45a-726c
Sec. 45a-726c. Term “adoptive parent” substituted for “adopting parent”.
Status: in_force

(b) The Legislative Commissioners' Office shall, in codifying said sections of the general statutes pursuant to subsection (a) of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Conn. Gen. Stat. § 45a-559b — Connecticut Code / Title 45a / Chapter 802d / Section 45a-559b
Sec. 45a-559b. Liability to third persons.
Status: in_force

(b) A custodian is not personally liable: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Conn. Gen. Stat. § 45a-56 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-56
Sec. 45a-56. (Formerly Sec. 45-29y). Hospitalization and medical and surgical insurance and dental insurance plan. Eligibility. Payment of premium. Election to participate in dental insurance plan.
Status: in_force

(b) Any member of the probate judges and employees retirement system who is retired and receiving benefits from such system, and the spouse of any such member, and upon the death of any such member, such member's surviving spouse, while receiving benefits from such system, may elect to participate in the group insurance plan procured by the Comptroller under subsection (a) of this section.

(c) The premium charged for any such member and spouse or surviving spouse who elects to participate in the group hospitalization and medical and surgical portion of such coverage shall be paid from funds appropriated to the State Comptroller, for Fringe Benefits, for Retired State Employees Health Service Cost. Twenty per cent of the premium charged for any such member and spouse or surviving spouse who elects to participate in the group dental portion of such coverage shall be paid from said funds, and the remainder of the premium for such coverage shall be paid by the participant. On July 1, 2011, and monthly thereafter, the State Treasurer shall transfer from the General Fund to the State Comptroller the amount of premium due for the month pursuant to this subsection, as certified by the State Comptroller.

(d) Any such member and spouse or surviving spouse who is a participant in the group insurance plan in effect prior to October 1, 1994, may elect to participate in the plan set forth in subsection (a) of this section at the premiums set forth in subsection (c) of this section, provided such election is made within sixty days of October 1, 1994.
Conn. Gen. Stat. § 45a-131 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-131
Sec. 45a-131. (Formerly Sec. 45-16b). Participation of employees of certain state agencies in proceedings.
Status: in_force

State must merely be an interested party; no delineation of such interest is required. 47 CS 42.
Conn. Gen. Stat. § 45a-499b — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499b
Sec. 45a-499b. Scope.
Status: in_force

(b) Except as expressly set forth in sections 45a-499a to 45a-500s , inclusive, sections 45a-499a to 45a-500s , inclusive, do not apply to a charitable trust, as defined in subdivision (5) of section 45a-499c .

(c) Sections 45a-499a to 45a-500s , inclusive, do not apply to statutory trusts created pursuant to chapter 615.

(d) No provision of sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive, as such provision may be applied to a trust established pursuant to and in compliance with 42 USC 1396p(d)(4), as amended from time to time, shall be interpreted in a manner that is inconsistent with, or that contravenes, the provisions of federal law; nor shall any court having jurisdiction over any such trust issue an order, judgment, decree or ruling, that is inconsistent with, or that contravenes, the provisions of federal law.
Conn. Gen. Stat. § 45a-755 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-755
Sec. 45a-755. (Formerly Sec. 45-68o). Registries. Filing of registration.
Status: in_force

(b) Notwithstanding the provisions of sections 45a-746 to 45a-754 , inclusive, the department and each child-placing agency which was a party to, or participated in, either applications for approval of adoption agreements or termination of parental rights shall maintain registries for medical information. The department and each such child-placing agency shall receive medical information concerning an adopted person provided by a biological parent or blood relative of such adopted person. Upon receipt of such information, the department or child-placing agency shall notify such adopted person or, if such person is a minor, the adoptive parent of such adopted person of the availability of such information, provided the department or child-placing agency has the address or telephone number of such adopted person or adoptive parent. No information that would tend to identify the biological parent or blood relative providing the medical information shall be disclosed without the consents required by subsection (a) of this section.
Conn. Gen. Stat. § 45a-706 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-706
Sec. 45a-706. (Formerly Sec. 45-61a). Rule of construction.
Status: in_force

Annotation to former section 45-61a:

Cited. 182 C. 545.

Annotations to present section:

Cited. 223 C. 492; 234 C. 194. Best interests of a child cannot transcend statutorily defined jurisdictional boundaries. 247 C. 474.

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-614 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-614
Sec. 45a-614. (Formerly Sec. 45-43a). Removal of parent as guardian of minor. Parent may not petition for removal of permanent guardian.
Status: in_force

(b) A parent may not petition for the removal of a permanent guardian appointed pursuant to section 45a-616a .

Annotations to former section 45-43a:

Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.
Conn. Gen. Stat. § 45a-667i — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667i
Sec. 45a-667i. Determination of jurisdiction re appointment of conservator.
Status: in_force

(1) This state is the respondent's home state;

(2) On the date a petition for involuntary representation is filed, this state is a significant-connection state, and:

(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) The respondent has a home state, a petition for appointment of a conservator of the person or issuance of a conservator of the estate order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:

(i) A petition for an appointment or order is not filed in the respondent's home state;

(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) The court of probate concludes that it is an appropriate forum under the factors set forth in subsection (c) of section 45a-667 l ;

(3) A court of probate in this state does not have jurisdiction under subdivision (1) or (2) of this subsection, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the statutes of this state and the Constitution of this state and the Constitution of the United States; or

(4) The requirements for special jurisdiction under section 45a-667j are met.
Conn. Gen. Stat. § 45a-730 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-730
Sec. 45a-730. (Formerly Sec. 45-63d). Validation of foreign adoption. Petition filed in Probate Court.
Status: in_force

(b) The petition may be made by an adoptive parent or a duly authorized officer of any child-placing agency.

(c) The petition shall be filed in the court of probate in which the petitioner resides or in the district in which the main office or any local office of the child-placing agency is located.

(d) The petition shall be accompanied by an authenticated and exemplified copy of the adoption unless, upon a showing of good cause, the court waives such requirement.

(e) Upon receipt of the petition the court shall hold a hearing on said petition within forty-five days and shall order such notice as it may direct.

(f) The court may validate the adoption of the minor child if it finds after hearing that: (1) The adoption of the child born outside the United States or its territories occurred outside the United States or its territories and (2) United States Immigration and Naturalization Service refuses to naturalize said minor because the adoptive parents did not personally see and observe the child prior to or during the adoption proceedings, and (3) it is in the best interest of the child.

(g) Any validation pursuant to a petition filed under this section shall not be construed to validate an adoption otherwise invalid in accordance with the law of the place of adoption.
Conn. Gen. Stat. § 45a-503 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-503
Sec. 45a-503. (Formerly Sec. 45-95). Rule against perpetuities. “Second look” doctrine.
Status: in_force

Annotations to former section 45-95:

Application of “second look” doctrine. 174 C. 616, 628. Cited. 213 C. 676.

When contingent remainder not cured under section. 29 CS 275. Cited. 41 CS 79.
Conn. Gen. Stat. § 45a-499eee — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499eee
Sec. 45a-499eee. Delegation by trustee.
Status: in_force

(1) Selecting an agent for the delegation;

(2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

(3) Periodically reviewing the agent's actions to monitor the agent's performance and compliance with the terms of the delegation.

(b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(c) A trustee who complies with subsection (a) of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.

(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
Conn. Gen. Stat. § 45a-667g — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667g
Sec. 45a-667g. Jurisdiction: Definitions; significant connection factors.
Status: in_force

(1) “Emergency” means a circumstance that will result in immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent and includes a circumstance in which a temporary conservator of the person or temporary conservator of the estate may be appointed and may serve under subsection (a) of section 45a-654 ;

(2) “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservator of the estate order or the appointment of a conservator of the person, or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition;

(3) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) In determining under section 45a-667i and subsection (e) of section 45a-667p whether a respondent has a significant connection with a particular state, the court shall consider:

(1) The location of the respondent's family and other persons required to be notified of the conservator of the person proceeding or conservator of the estate proceeding;

(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;

(3) The location of the respondent's property; and

(4) The extent to which the respondent has ties to the state such as voter registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.
Conn. Gen. Stat. § 45a-334c — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334c
Sec. 45a-334c. Definitions.
Status: in_force

(1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user;

(2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney;

(3) “Carries” means engages in the transmission of an electronic communication;

(4) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;

(5) “Conservator” means a person appointed by a court to manage the estate of a living individual. “Conservator” includes a limited conservator;

(6) “Content of an electronic communication” or “content of electronic communications” means information concerning the substance or meaning of the communication which:

(A) Has been sent or received by a user;

(B) Is stored in electronic form by a custodian providing an electronic-communication service to the public or is carried or maintained by a remote-computing service to the public; and

(C) Is not readily accessible to the public;

(7) “Court” means a court of competent jurisdiction, including, but not limited to, the Probate Court or the Superior Court. A judge of the Probate Court or the Superior Court shall be deemed a judge of competent jurisdiction for the purposes of 18 USC 2510(9), as amended from time to time, with respect to an order issued under any provision of sections 45a-334b to 45a-334s , inclusive;

(8) “Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user;

(9) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user;

(10) “Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record;

(11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;

(12) “Electronic communication” has the meaning set forth in 18 USC 2510(12), as amended from time to time;

(13) “Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication;

(14) “Fiduciary” means an original, additional or successor executor, conservator, agent or trustee;

(15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like;

(16) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and the user, to provide directions for disclosure or nondisclosure of digital assets to a third person;

(17) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity;

(18) “Executor” means an executor, administrator, special administrator, temporary administrator of an estate or any person that performs substantially the same functions as such executor, administrator, special administrator or temporary administrator under the laws of this state, other than sections 45a-334b to 45a-334s , inclusive;

(19) “Power of attorney” means a record that grants an agent authority to act in the place of a principal;

(20) “Principal” means an individual who grants authority to an agent in a power of attorney;

(21) “Conserved person” means an individual for whom a conservator has been appointed. “Conserved person” includes a respondent, as defined in section 45a-644 , for whom an application for the appointment of a conservator is pending;

(22) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(23) “Remote-computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 USC 2510(14), as amended from time to time;

(24) “Terms-of-service agreement” means an agreement that controls the relationship between a custodian and a user;

(25) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. “Trustee” includes a successor trustee;

(26) “User” means a person that has an account with a custodian; and

(27) “Will” includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.
Conn. Gen. Stat. § 45a-331 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-331
Sec. 45a-331. (Formerly Sec. 45-257e). Settlement of estate after ten years. Closure of estate for dormancy.
Status: in_force

(b) In any such case in which it appears to the court that the fiduciary has neglected or refused to complete administration of the estate and the appointment of a successor fiduciary would serve no useful purpose, the court may hold a hearing, after giving public notice thereof and notice to the Commissioner of Revenue Services and such others as the court deems reasonable. Thereafter, on its own motion, the court may order and decree the estate closed for dormancy and the bond released without adjudication and the estate shall be closed and only reopened by further order of the court; provided the bond shall be released for future acts and not for any acts or misdeeds occurring during the period of administration of the estate.

Annotation to former section 45-201:

Effect of laches after due presentation of antemortem claim never disallowed. 106 C. 610.

Annotations to present section:

Cited. 225 C. 919; 228 C. 439.

Cited. 30 CA 334.
Conn. Gen. Stat. § 45a-440 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-440
Sec. 45a-440. (Formerly Sec. 45-287). Simultaneous death; disposition of property.
Status: in_force

(b) Successive beneficiaries. When two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and such portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.

(c) Joint tenants. When there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.

(d) Life or accident insurance. When the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

(e) Applicability. This section shall not apply to the distribution of the property of a person who died before October 1, 1943, and shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision had been made for distribution of property otherwise than as provided by this section.

Annotations to former section 45-287:

Cited. 16 CS 442. Proceeds paid to estate of beneficiary who died in a common disaster with insured may be recovered by estate of insured. 20 CS 355.
Conn. Gen. Stat. § 45a-487t — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487t
Sec. 45a-487t. Applicability of rules.
Status: repealed

(1) Sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, apply to all trusts created before, on or after January 1, 2020.

(2) Sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, apply to all judicial proceedings concerning trusts commenced on or after January 1, 2020.

(3) Sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, apply to judicial proceedings concerning trusts commenced before January 1, 2020, unless the court in which the judicial proceeding is pending finds that application of a particular provision of sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties. If the court finds substantial interference or prejudice, the particular provision of sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, do not apply and the superseded law applies.

(4) Any rule of construction or presumption provided in sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, applies to trust instruments executed before January 1, 2020, unless there is a clear indication of a contrary intent in the terms of the trust.

(5) An act done before January 1, 2020, is not affected by sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive.

(b) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any provision of the general statutes, other than sections 45a-487j to 45a-487s , inclusive, and 45a-499a to 45a-500s , inclusive, before January 1, 2020, the provision of the general statutes continues to apply to the right even if the provision has been repealed or superseded.
Conn. Gen. Stat. § 45a-464 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-464
Sec. 45a-464. (Formerly Sec. 45-298g). Security interest of purchaser for value or lender.
Status: in_force

(b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which sections 45a-458 to 45a-466 , inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.

(c) A purchaser for value or a lender shall not be required to inquire whether a vendor or borrower acted properly.

(d) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
Conn. Gen. Stat. § 45a-179 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-179
Sec. 45a-179. (Formerly Sec. 45-270). Notice and hearing on final accounts.
Status: in_force

(b) The court shall, before approving a final account of an executor or administrator, hold a hearing thereon for which notice may be given as the court shall direct, unless all parties interested in the estate sign and file in court a written waiver of such notice.

See Sec. 12-371 re estates of nonresident decedents and cooperation with other states.

Annotations to former section 45-270:

True condition of estate must appear from account and inventory. 21 C. 244. Cited. 32 C. 573. Annual account does not conclude the parties. 45 C. 125. The rendering of an annual account when no notice is given, not conclusive. 56 C. 442. Cited. 73 C. 442. Parties in interest may question account. 91 C. 469. Does not preclude court ordering other accounts from time to time; relation to Sec. 45-4. 92 C. 290.

This is undoubtedly a judicial proceeding. 12 CS 95. Final accounting can be had only in the Probate Court which appointed the guardian. 14 CS 11.

Annotation to present section:

Cited. 42 CS 548.
Conn. Gen. Stat. § 45a-500h — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500h
Sec. 45a-500h. Duty and liability of trust director.
Status: in_force

(1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:

(A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or

(B) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and

(2) The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.

(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than sections 45a-500b to 45a-500s , inclusive, to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under sections 45a-500b to 45a-500s , inclusive.

(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
Conn. Gen. Stat. § 45a-74 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-74
Sec. 45a-74. (Formerly Sec. 45-3a). Probate Court Administrator. Appointment and term. Service as a judge of probate.
Status: in_force

(b) The Probate Court Administrator shall devote full time to the duties of his office except that he may serve as a judge of probate but shall not engage in the private practice of law. Any Probate Court Administrator who continues to serve as a judge of probate shall not receive compensation as a judge of probate or benefits that would ordinarily inure to him as a judge of probate while he is serving as Probate Court Administrator. Any Probate Court Administrator who ceases to serve as a judge of probate may continue to serve as Probate Court Administrator at the pleasure of the Chief Justice.
Conn. Gen. Stat. § 45a-656a — Connecticut Code / Title 45a / Chapter 802h / Section 45a-656a
Sec. 45a-656a. Duty of conservator of estate of resident of licensed residential care home re payment of room and board.
Status: in_force

(b) If any such conservator neglects to forward payment to the operator of the home within ten business days as required under subsection (a) of this section for two consecutive months, the operator of the home may petition the court of probate having jurisdiction for removal of the conservator. The court may, after notice and a hearing, remove such conservator.
Conn. Gen. Stat. § 45a-334e — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334e
Sec. 45a-334e. User direction for disclosure of digital assets.
Status: in_force

(b) If a user has not used an online tool to give direction under subsection (a) of this section or if the custodian has not provided an online tool to give such direction, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) A user's direction under subsection (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service agreement.
Conn. Gen. Stat. § 45a-273 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-273
Sec. 45a-273. (Formerly Sec. 45-266). Settlement of small estates without probate of will or letters of administration.
Status: in_force

(b) An affidavit shall contain: (1) A statement whether the decedent received aid or care from the state; (2) a list of the decedent's solely owned assets, excluding assets that pass outside of probate by operation of law; and (3) a list of all claims, expenses and taxes due from the decedent's estate in the categories set forth in subdivisions (1) to (7), inclusive, of section 45a-365 , which list shall indicate if any of the claims, expenses and taxes have been paid and, if so, by whom.

(c) On receipt of an affidavit, the court shall send a copy of the affidavit to the Department of Administrative Services. The court shall not issue a decree until thirty days after the date on which a copy of the affidavit was sent to the department. Except as provided in this subsection, the court may act on the affidavit without notice and hearing.

(d) Except as provided in subdivision (5) of subsection (f) of this section, if the court finds that no probate proceedings have been instituted in connection with the estate of the decedent, the court shall determine the persons and entities entitled to payment for claims, expenses and taxes in accordance with subsection (e) of this section and the persons entitled to distributions from the decedent's estate in accordance with subsection (f) of this section. The court shall issue a decree authorizing each holder or registrant of an asset of the decedent to: (1) Transfer the asset directly to specified persons or entities; (2) pay amounts from the asset to specified persons or entities; or (3) transfer the asset to the person filing the affidavit, to be sold and the proceeds paid to specified persons or entities. The court may issue certificates or other documents to carry out the decree. In addition, the court may authorize the person filing the affidavit to release an interest in a mortgage reported on the affidavit.

(e) The court shall determine the persons and entities entitled to payment for the claims, expenses and taxes due from the estate, or reimbursement for such amounts paid on behalf of the estate, in accordance with section 45a-365 except, (1) if a decedent received aid or care from the state or received care in a state humane institution, such reimbursement shall be in accordance with sections 4a-12 and 17b-95 ; and (2) if a decedent is obligated to pay the decedent's cost of incarceration, such reimbursement shall be in accordance with section 18-85c . If the claims, taxes and expenses exceed the fair value of the decedent's assets, the court shall order payment in accordance with this subsection, provided the procedures for insolvent estates under sections 45a-376 to 45a-383 , inclusive, shall not be required.

(f) If the fair value of the decedent's assets exceeds the total amount of claims, expenses, taxes and any amounts allowed to the family for support under section 45a-320 , the court shall proceed as follows: (1) If no purported last will and testament is found, the court shall order distribution of the excess in accordance with the laws of intestate succession; (2) if the decedent left a duly executed last will and testament and the will provides for a distribution which is the same as that under the laws of intestate succession, the court shall order distribution of the excess in accordance with the laws of intestate succession; (3) if the decedent left a duly executed last will and testament and the will provides for a distribution different from that under the laws of intestate succession, and the heirs at law of such decedent sign a written waiver of their right to contest the will, the court shall order the excess to be paid in accordance with the terms of the will; (4) if the will directs a distribution different from the laws of intestate succession, and the persons entitled to bequests under the will consent, in writing, to the distribution of the estate in accordance with the laws of intestate succession, the court shall order distribution of the excess in accordance with the laws of intestate succession; and (5) if the will directs a distribution different from the laws of intestate succession, the heirs at law do not waive their right to contest the admission of such will, and the persons entitled to bequests under the will do not consent to the distribution of the estate in accordance with the laws of intestate succession, the court shall dismiss the affidavit and permit any party to petition for admission of the will to probate in accordance with section 45a-286 . As used in this subsection, the term “will” includes any duly executed codicil thereto.

(g) Any such transfer or payment made pursuant to a decree issued under this section shall, to the extent of the amount so transferred or paid, discharge the registrant or holder of such property from liability to any person on account thereof.

(h) As a condition of such transfer or payment, the registrant or holder may require the filing of appropriate waivers, the execution of a bond of indemnity and a receipt for such transfer or payment.

(i) Any transfer or payment under the provisions of this section shall be exempt from taxation under the provisions of chapter 219.

(j) Any person to whom such transfer or payment has been made shall be liable for the value thereof to the Commissioner of Revenue Services for any estate, succession or transfer tax on the property transferred or payment made and to the executor or administrator of the estate of the decedent thereafter appointed.

See Sec. 4a-16 re estates of certain public assistance beneficiaries and state institution patients.

Annotation to former section 45-266:

Cited. 3 CA 598.
Conn. Gen. Stat. § 45a-559d — Connecticut Code / Title 45a / Chapter 802d / Section 45a-559d
Sec. 45a-559d. Accounting by and determination of liability of custodian.
Status: in_force

(b) A successor custodian may petition the court for an accounting by the predecessor custodian.

(c) The court, in a proceeding under sections 45a-557 to 45a-560b , inclusive, or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

(d) If a custodian is removed under subsection (f) of section 45a-559c , the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Conn. Gen. Stat. § 45a-358 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-358
Sec. 45a-358. (Formerly Sec. 45-230g). Form and verification of claims; presentation.
Status: in_force

(b) Whenever the fiduciary resides outside of the state, claims may be presented to the fiduciary by filing such claims with the judge of probate in the district where such estate is in settlement. The Court of Probate shall promptly forward to the fiduciary a copy of any such claim.

(c) No creditor shall be entitled to enforce payment of his claim against assets in the hands of a fiduciary in any proceeding in any court unless his claim is presented in accordance with the provisions of this section.

(d) A claim may be presented to the fiduciary, or filed with the Court of Probate pursuant to subsection (b) of this section, by: (1) Personal delivery to the fiduciary or Court of Probate, as the case may be; or (2) mailing by regular, certified or registered mail, postage prepaid, to the fiduciary or Court of Probate, as the case may be.

(e) A claim shall be deemed presented on: (1) The date on which the fiduciary actually receives the claim in the event the claim is presented by delivery to the fiduciary personally; (2) the date of mailing in the event the claim is properly mailed to the fiduciary at the fiduciary's address as set forth in the newspaper notice given under section 45a-354 , or in the notice given under section 45a-357 , or in the records of the Court of Probate; or (3) the date of receipt by the court if the claim is presented in accordance with subsection (b) of this section.
Conn. Gen. Stat. § 45a-21 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-21
Sec. 45a-21. (Formerly Sec. 45-4c). Court employees to serve at pleasure of judge.
Status: in_force

Annotation to former section 45-4c:

Cited. 157 C. 160.
Conn. Gen. Stat. § 45a-327 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-327
Sec. 45a-327. (Formerly Sec. 45-257b). Sale of decedent's real property subject to mortgage.
Status: in_force

Annotations to former section 45-245:

Duration of creditor's lien; where no administration has been granted and where real estate is otherwise unencumbered. 103 C. 373. Where proper presentation of claim, no disallowance, but inaction on part of antemortem creditor. 106 C. 610.
Conn. Gen. Stat. § 45a-326 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-326
Sec. 45a-326. (Formerly Sec. 45-257a). Partition or sale of undivided interest in decedent's estate. Notice. Hearing.
Status: in_force

(b) Unless the petition for the partition of such interest in property is signed by all the persons in interest, or the guardians of such of them as are minors, or the conservators of such of them as are incapable persons having conservators, the court shall, following public notice, fully hear the case and make all orders as the interests of the parties and the estate demand. In such case the court shall not order partition unless upon full hearing it appears that the best interests of the estate and of the parties concerned will be promoted thereby.

(c) If, upon such petition, it is the opinion of the court of probate that a sale will better promote the interests of the owners, or that the property cannot be beneficially divided for the purpose of distribution, it may order the sale of any or all such property in such manner and upon such notice as it deems expedient; but unless the petition for the partition or sale of such interest in property is signed by all the persons in interest, or the guardians of such of them as are minors, or the conservators of such of them as are incapable persons having conservators, the court shall, following public notice, fully hear the case and make all orders as the interests of the parties and the estate demand. In such case the court shall not order sale unless upon full hearing it appears that the best interests of the estate and of the parties concerned will be promoted thereby. An order to sell pursuant to this section shall not be made until the executor, administrator or person designated to sell gives a probate bond to secure the execution of his trust according to the order of the court and according to law unless the probate court dispenses with the requirement of a probate bond as provided in section 45a-169 .

(d) The court may appoint for the purpose of partitioning such property a committee of three disinterested persons, who shall be sworn and shall make a return of their actions to the court according to the order thereof. Such partition, when so made and returned to and accepted by the court, and all orders and decrees relating thereto, shall bind all persons interested therein and their heirs.

(e) The portion set to the estate of the deceased person shall be treated as if the same had been partitioned in the lifetime of such deceased person by a court of competent jurisdiction.

(f) If the property so partitioned is real property, a copy of such decree shall be recorded upon the land records of the town in which such land is situated.

(g) If the name or residence of any party entitled to share in the proceeds of property so sold is unknown to the court and cannot be ascertained, it shall appoint a trustee for the share of such party. Such trustee shall give a probate bond and shall hold such share until demanded by the person or persons entitled thereto.

Annotations to former section 45-247:

Held to mean a partition in the ordinary legal sense and not a distribution. 52 C. 421. Partition in kind as against partition by sale discussed. 195 C. 368.

Section is not exclusive; the remedy it provides is in addition to that provided in Sec. 52-495. 4 CS 68. Cited. 18 CS 104; 19 CS 420.

Annotation to former section 45-257a:

Cited. 7 CA 522.
Conn. Gen. Stat. § 45a-334d — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334d
Sec. 45a-334d. Applicability.
Status: in_force

(1) A fiduciary acting under a will or power of attorney executed before, on or after October 1, 2016;

(2) An executor acting for a decedent who died before, on or after October 1, 2016;

(3) A conservatorship proceeding commenced before, on or after October 1, 2016; and

(4) A trustee acting under a trust created before, on or after October 1, 2016.

(b) Sections 45a-334b to 45a-334s , inclusive, apply to a custodian if the user resides in this state or resided in this state at the time of the user's death.

(c) Sections 45a-334b to 45a-334s , inclusive, do not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
Conn. Gen. Stat. § 45a-334g — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334g
Sec. 45a-334g. Procedure for disclosing digital assets.
Status: in_force

(1) Grant a fiduciary or designated recipient full access to the user's account;

(2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 45a-334b to 45a-334s , inclusive. A custodian that is a financial institution, as defined in section 36a-41 , may charge a fee that is set forth in such institution's deposit agreement with a customer.

(c) A custodian need not disclose under any provision of sections 45a-334b to 45a-334s , inclusive, a digital asset deleted by a user.

(d) If a user directs or a fiduciary requests a custodian to disclose under any provision of sections 45a-334b to 45a-334s , inclusive, some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden on the custodian, the custodian or fiduciary may seek an order from the court to disclose:

(1) A subset limited by date of the user's digital assets;

(2) All of the user's digital assets to the fiduciary or designated recipient;

(3) None of the user's digital assets; or

(4) All of the user's digital assets to the court for review in camera for the purpose of permitting the court to issue an order pursuant to sections 45a-334b to 45a-334s , inclusive.
Conn. Gen. Stat. § 45a-545q — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545q
Sec. 45a-545q. Relief from liability and indemnification.
Status: in_force

(b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.

(c) A second-trust instrument may not reduce fiduciary liability in the aggregate.

(d) Subject to subsection (c) of this section, a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees or trust directors, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by the law of this state, other than sections 45a-545a to 45a-545cc , inclusive.
Conn. Gen. Stat. § 45a-499n — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499n
Sec. 45a-499n. Jurisdiction over trustee and beneficiary.
Status: in_force

(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. If a beneficiary accepts a distribution from such a trust, the beneficiary submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.

(c) This section shall not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust.

(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, the courts of this state have jurisdiction over the trustee of a charitable trust if either the primary charitable beneficiary or the intended charitable benefit is located in this state.
Conn. Gen. Stat. § 45a-662 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-662
Sec. 45a-662. (Formerly Sec. 45-77b). Conveyance of property by order of court.
Status: in_force

Annotation to former section 45-77b:

Cited. 208 C. 606.
Conn. Gen. Stat. § 45a-68 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-68
Sec. 45a-68. (Formerly Sec. 45-11j). Probate judge to file statement of financial interests.
Status: in_force

(b) The statement shall be on a form provided by the Council on Probate Judicial Conduct and shall include the following information for the preceding calendar year regarding the probate judge, his or her spouse and the dependent children living in his or her household: (1) The name of all businesses with which the probate judge, his or her spouse or any such child is associated; (2) the category or type of all sources of his or her income and that of his or her spouse or each child, in excess of one thousand dollars, but amounts of income need not be specified, and the names and addresses of specific clients and customers who provide more than five thousand dollars of income, but amounts of income need not be specified; (3) the name of each security in excess of five thousand dollars at fair market value owned by the probate judge or spouse or any such child or held in the name of a corporation, partnership or trust for the benefit of the probate judge, his or her spouse or any such child except in the case of a trust established by the probate judge, spouse or child for the purpose of divesting the probate judge or his or her spouse or any such child of all control and knowledge of the probate judge's, spouse's or child's assets in order to avoid a conflict of interest during the probate judge's term of office, but only the existence of such trust and the name of the trustee shall be included, and the value need not be specified; (4) all real property and its location, whether owned by the probate judge, his or her spouse or any such child or held in the name of a corporation, partnership or trust for the benefit of the probate judge, spouse or child. Each probate judge shall file a disclosure of any fees or honorariums received for his or her own or his or her spouse's or child's appearance or the delivery of an address to any meeting of any organization within thirty days after receipt of the fee or honorarium.

(c) The statement or disclosure filed pursuant to this section shall be a matter of public information, except that the list of names filed in accordance with subdivision (2) of subsection (b) of this section shall be sealed and confidential and for the use of the council only if an investigation has been initiated or a hearing is held under section 45a-63 and the council is of the opinion that disclosure of such list is germane to its investigation or hearing, or both. The list may also be subject to a subpoena in any criminal prosecution or impeachment proceedings.

(d) The financial statement and disclosure, except as otherwise provided in this section, shall be open to inspection at the Office of the Probate Court Administrator.

Annotation to former section 45-11j:

Cited. 192 C. 704.
Conn. Gen. Stat. § 45a-468i — Connecticut Code / Title 45a / Chapter 802b / Section 45a-468i
Sec. 45a-468i. Nontestamentary transfer on death.
Status: in_force

(b) Sections 45a-468 to 45a-468m , inclusive, and section 45a-369 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Conn. Gen. Stat. § 45a-205 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-205
Sec. 45a-205. (Formerly Sec. 45-259). Fiduciary powers re increase in capital stock assets of estate.
Status: in_force

See Sec. 45a-199 for definition of “fiduciary”.

Annotation to former section 45-259:

Cited. 79 C. 561.
Conn. Gen. Stat. § 45-100q — Connecticut Code / Title 45 / Chapter 774–800 / Section 45-100q
Sec. 45-100q. Deposit of securities in clearing corporation.
Status: in_force

Note: This section was formerly published as chapter 780d.
Conn. Gen. Stat. § 45a-494 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-494
Sec. 45a-494. Exclusions from statutory rule against perpetuities.
Status: in_force

(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (A) a premarital or postmarital agreement, (B) a separation or divorce settlement, (C) a spouse's election, (D) a similar arrangement arising out of a prospective, existing or previous marital relationship between the parties, (E) a contract to make or not to revoke a will or trust, (F) a contract to exercise or not to exercise a power of appointment, (G) a transfer in satisfaction of a duty of support, or (H) a reciprocal transfer;

(2) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;

(3) A power to appoint a fiduciary;

(4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

(5) A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision;

(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or

(7) A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.
Conn. Gen. Stat. § 45a-38 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-38
Sec. 45a-38. (Formerly Sec. 45-29e). Retirement of employee after ten years of service.
Status: in_force

(b) At the option of the employee, the retirement allowance may commence on the first day of any month after the date of the separation described in subsection (a) of this section and shall be payable in an amount determined by the Retirement Commission to be the actuarial equivalent of the retirement allowance that would have been payable except for the election of such option, except that for any such employee separated on or after October 1, 1994, who has attained the age of sixty, the reduction of the allowance which would have been payable shall be one quarter of one per cent for each month the employee's retirement precedes the attainment of age sixty-two. Any such employee who was separated from the service of the court before July 1, 1979, with at least ten but less than twenty years of credited service may elect a retirement allowance retroactive to January 1, 1979, or the first day of the month after such separation, whichever is later.
Conn. Gen. Stat. § 45a-535c — Connecticut Code / Title 45a / Chapter 802c / Section 45a-535c
Sec. 45a-535c. Appropriation for expenditure or accumulation of endowment fund. Factors in making a determination to appropriate or accumulate. Rules of construction.
Status: in_force

(1) The duration and preservation of the endowment fund;

(2) The purposes of the institution and the endowment fund;

(3) General economic conditions;

(4) The possible effect of inflation or deflation;

(5) The expected total return from income and the appreciation of investments;

(6) Other resources of the institution; and

(7) The investment policy of the institution.

(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section, a gift instrument shall specifically state the limitation.

(c) Terms in a gift instrument designating a gift as an endowment or a direction or authorization in the gift instrument to use only “income”, “interest”, “dividends” or “rents, issues or profits”, or “to preserve the principal intact”, or similar words:

(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.
Conn. Gen. Stat. § 45a-258 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-258
Sec. 45a-258. (Formerly Sec. 45-172). Devise or bequest to subscribing witness.
Status: in_force

Annotations to former section 45-172:

At common law, legatee could not be witness. 2 R. 313. Inhabitant of school district legatee competent witness. 1 D. 35. At common law, increase of fund in which witness is interested renders him incompetent. 6 C. 108. Unnecessary that devise to heir should be the same as he would have inherited if no will were made. 23 C. 8. Witness must be competent at time of attestation. 26 C. 199. Cited. 57 C. 282; 98 C. 334. Doctrine of dependent relative revocation applied. 140 C. 311. Cited. 156 C. 580.
Conn. Gen. Stat. § 45a-136f — Connecticut Code / Title 45a / Chapter 801b / Section 45a-136f
Sec. 45a-136f. eFiling system. Definitions. Electronic service of documents by registered filers.
Status: in_force

(1) “eFiling system” means the system maintained by the Probate Court Administrator by which a person can use the Internet to file, send and receive documents, view court records and pay court fees and expenses in Probate Court matters.

(2) “eFiling access” means use of the eFiling system to view Probate Court records online.

(3) “Electronic service” or “eService” means use of the eFiling system to send a filing, notice or other document.

(4) “Registered filer” means a person who has registered to use the eFiling system.

(b) The Probate Court or a party or attorney in a Probate Court matter may send any filing, notice or other document to a registered filer by electronic service if the court has granted the registered filer's request for eFiling access to the matter. Notwithstanding any provision of the general statutes, electronic service shall satisfy any requirement under law concerning the transmission of the filing, notice or document by means other than personal service.
Conn. Gen. Stat. § 45a-542i — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542i
Sec. 45a-542i. Character of receipts.
Status: in_force

(b) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

(c) A trustee shall allocate the following receipts from an entity to principal:

(1) Property other than money;

(2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity;

(3) Money received in total or partial liquidation of the entity; and

(4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

(d) Money is received in partial liquidation:

(1) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(2) If the total amount of money and property received in a distribution or series of related distributions is greater than twenty per cent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt.

(e) Money is not received in partial liquidation, nor may it be taken into account under subdivision (2) of subsection (d) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.

(f) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors; provided, however, that no such statement shall override the provisions of subdivision (2) of subsection (d) of this section and subsection (e) of this section.
Conn. Gen. Stat. § 45a-499y — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499y
Sec. 45a-499y. Trust purposes.
Status: in_force

A trust may be created only to the extent its purposes are lawful and not contrary to public policy.
Conn. Gen. Stat. § 45a-542cc — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542cc
Sec. 45a-542cc. Adjustments between principal and income as result of taxes.
Status: in_force

(1) Elections and decisions, other than those described in subsection (b) of this section, that the fiduciary makes from time to time regarding tax matters;

(2) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or

(3) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate or trust, or a beneficiary.

(b) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.
Conn. Gen. Stat. § 45-69o — Connecticut Code / Title 45 / Chapter 774–800 / Section 45-69o
Sec. 45-69o. Durable power of attorney.
Status: in_force

Note: This section was formerly published as chapter 778c.
Conn. Gen. Stat. § 45a-79b — Connecticut Code / Title 45a / Chapter 801 / Section 45a-79b
Sec. 45a-79b. Special assignment probate judges.
Status: in_force

(b) Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of special assignment probate judges appointed pursuant to this section. Such compensation shall, on the order of the Probate Court Administrator, be paid from the Probate Court Administration Fund established under section 45a-82 . Such compensation, including compensation that a special assignment probate judge receives as a judge of probate of the district to which the judge was elected, shall not exceed the compensation provided for a judge of probate under subdivision (4) of subsection (a) of section 45a-95a . A special assignment probate judge shall have such benefits as may inure to him or her as a judge of probate and shall receive no additional benefits, except compensation provided under this subsection and retirement benefits calculated in accordance with sections 45a-34 to 45a-54 , inclusive.
Conn. Gen. Stat. § 45a-284 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-284
Sec. 45a-284. (Formerly Sec. 45-164a). Opening of safe deposit boxes to search for a will.
Status: in_force

See Sec. 45a-277 re opening of deceased owner's safe deposit box to access jointly held stocks, bonds, annuities or certificates of deposit.
Conn. Gen. Stat. § 45a-452 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-452
Sec. 45a-452. (Formerly Sec. 45-287b). When property escheats to the state. Procedure.
Status: in_force

See Secs. 3-57a, 3-59a–3-64a re presumption of abandonment of property or ownership interest in business.

Annotation to former section 45-296:

Cited. 141 C. 471.
Conn. Gen. Stat. § 45a-489a — Connecticut Code / Title 45a / Chapter 802c / Section 45a-489a
Sec. 45a-489a. Trust to provide for care of animal: Creation. Administration. Jurisdiction. Termination.
Status: in_force

(b) Except as otherwise provided in this section, the provisions of the laws of this state that govern the creation and administration of trusts shall apply to a trust created to provide for the care of an animal or animals pursuant to this section.

(c) The Superior Court, or a Probate Court specified in section 45a-499p , shall have jurisdiction over any trust created pursuant to this section.

(d) The trustee of a trust created pursuant to this section shall annually render an account for the trust, signed under penalty of false statement, to the trust protector.

(e) Any individual identified as a trust protector pursuant to this section may file a petition in the Superior Court or the Probate Court to enforce the provisions of the trust, remove or replace any trustee of the trust, or require a trustee to render an account as required under subsection (d) of this section. The court may award costs and attorney's fees to the trust protector, from the trust property, if the trust protector prevails on a petition filed under this subsection and the court finds that the filing of the petition was necessary to fulfill the trust protector's duty to act on behalf of the animal or animals provided for in the trust instrument.

(f) If the trust protector determines that the trustee has used trust property for personal use or has otherwise committed fraud with respect to the trust, the trust protector may request the Attorney General to file a petition in the Superior Court or the Probate Court to enforce the provisions of the trust, remove or replace any trustee of the trust or seek restitution from the trustee with respect to the trust property. The Attorney General may file such petition if the Attorney General determines that the circumstances warrant such filing.

(g) Trust property may be applied only to its intended use, subject to proper trust expenses including trustee fees, except to the extent the Superior Court or the Probate Court, upon application by the trustee or trust protector, determines that the value of the trust property exceeds the amount required for its intended use. Trust property not required for its intended use, including trust property remaining upon termination of the trust, shall be distributed in the following order of priority:

(1) As directed by the terms of the trust instrument;

(2) To the remainder beneficiaries identified in the trust instrument, under the same terms provided in the trust for the remainder interest;

(3) To the settlor, if then living;

(4) Pursuant to the residuary clause of the settlor's or testator's will; or

(5) To the settlor's or testator's heirs in accordance with the laws of this state governing descent and distribution.
Conn. Gen. Stat. § 45a-471 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-471
Sec. 45a-471.* (Formerly Sec. 45-213c). Trustee to receive proceeds of pension, retirement, death benefit and profit-sharing plans.
Status: in_force

(b) (1) Proceeds may be made payable to a trustee under a trust agreement or declaration of trust in existence on the date of such designation, and identified in such designation. Such proceeds shall be paid to such trustee and held and disposed of in accordance with the terms of such trust agreement or declaration of trust, including any written amendments thereto in existence on the date of the death of the insured, employee or participant. It shall not be necessary to the validity of any such trust agreement or declaration of trust that it have a trust corpus other than the right of the trustee as beneficiary to receive such proceeds.

(2) Proceeds may be made payable to a trustee of a trust to be established by will. Upon issuance of a decree qualifying a trustee so named, such proceeds shall be payable to the trustee to be held and disposed of in accordance with the terms of such will as a testamentary trust. A designation which in substance names as such beneficiary the trustee under the will of the insured, employee or participant, shall be taken to refer to the will of such person actually admitted to probate, whether executed before or after the making of such designation.

(c) Such proceeds may be payable in more than one installment. If no qualified trustee claims such proceeds from the insurer or other payor within eighteen months after the death of the insured, employee or participant, or if satisfactory evidence is furnished to the insurer or other payor within such period showing that there is or will be no trustee to receive such proceeds, such proceeds shall be paid by the insurer or other payor to the personal representative or assigns of the insured, employee or participant, unless otherwise provided by agreement with the insurer or other payor during the lifetime of the insured, employee or participant.

(d) Except to the extent otherwise provided by the trust agreement, declaration of trust or will, proceeds received by the trustee shall not be subject to the debts of the insured, employee or participant, to any greater extent than if such proceeds were payable to the beneficiaries named in the trust; and for all purposes, including the succession and transfer tax, they shall not be deemed payable to or for the benefit of the estate of the insured, employee or participant.

(e) Proceeds so held in trust may be commingled with any other assets which may properly become part of such trust.

(f) Nothing in this section shall affect the validity of any designation made prior to October 1, 1978, of the trustee of any trust established under a trust agreement or declaration of trust or by will.

*Note: In accordance with the provisions of P.A. 87-384, S. 34, this section is applicable with respect to decedents dying before October 1, 1987.
Conn. Gen. Stat. § 45a-333 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-333
Sec. 45a-333. (Formerly Sec. 45-260). Payment of taxes due from estate.
Status: in_force

Annotations to former section 45-260:

Does not impose duty on administrator where decedent owned only a life estate. 123 C. 350.

Cited. 4 CS 241.

Annotation to present section:

Cited. 34 CA 634.
Conn. Gen. Stat. § 45a-487m — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487m
Sec. 45a-487m. Qualified trustee; successor. Disposition to more than one trustee. Disposition by trustee who is not qualified.
Status: in_force

(b) In the case of a disposition to more than one trustee, at least one of whom is a qualified trustee, a disposition that is otherwise a qualified disposition shall not be treated as other than a qualified disposition solely because not all of the trustees are qualified trustees.

(c) A trustee of a trust who is not a qualified trustee may transfer the assets of a trust to a qualified trustee. Notwithstanding the provisions of subparagraph (A) of subdivision (9) of section 45a-487k , a disposition by a trustee who is not a qualified trustee to a trustee who is a qualified trustee will not fail to qualify as a qualified disposition solely because the trust instrument does not contain an express provision that the laws of this state govern the validity, construction and administration of the trust.
Conn. Gen. Stat. § 45a-558 — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558
Sec. 45a-558. Nomination of custodian.
Status: in_force

(b) A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under subsection (a) of section 45a-558f .

(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 45a-558f . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 45a-558f .
Conn. Gen. Stat. § 45a-129 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-129
Sec. 45a-129. (Formerly Sec. 45-262). Examination of witnesses.
Status: in_force

Annotations to former section 45-262:

Court may compel production of papers. 9 C. 198. Warrant directed to indifferent person, valid. 15 C. 260. Does not apply to mere indebtedness. 28 C. 416. Applies to coexecutors. 35 C. 116. Cited. 146 C. 252; 193 C. 180.
Conn. Gen. Stat. § 45a-616a — Connecticut Code / Title 45a / Chapter 802h / Section 45a-616a
Sec. 45a-616a. Appointment of permanent guardian for minor. Reinstatement of parent as guardian or appointment of successor guardian or permanent guardian.
Status: in_force

(1) One of the grounds for termination of parental rights, as set forth in subparagraphs (A) to (H), inclusive, of subdivision (2) of subsection (g) of section 45a-717 exists, or the removed parent has voluntarily consented to the appointment of a permanent guardian;

(2) Adoption of the minor is not possible or appropriate;

(3) (A) If the minor is at least twelve years of age, such minor consents to the proposed appointment of a permanent guardian, or (B) if the minor is under twelve years of age, the proposed permanent guardian is a relative or already serving as the permanent guardian of at least one of the minor's siblings;

(4) The minor has resided with the proposed permanent guardian for at least one year; and

(5) The proposed permanent guardian is suitable and worthy and committed to remaining the permanent guardian and assuming the rights and responsibilities for the minor until the minor reaches the age of majority.

(b) If a permanent guardian appointed under this section becomes unable or unwilling to serve as permanent guardian, the court may appoint a successor guardian or permanent guardian in accordance with this section and sections 45a-616 and 45a-617 , or may reinstate a parent of the minor who was previously removed as guardian of the person of the minor if the court finds that the factors that resulted in the removal of the parent as guardian have been resolved satisfactorily, and that it is in the best interests of the child to reinstate the parent as guardian.
Conn. Gen. Stat. § 45a-162 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-162
Sec. 45a-162. (Formerly Sec. 45-236). Sale of choses in action and other property.
Status: in_force

Annotations to former section 45-236:

Order of sale extends to all property known to court, even if not inventoried. 2 D. 316. Avails of sale of real estate in hands of removed executor should be paid to successor. 17 C. 420. Sale must be for cash. 21 C. 285. If husband elects to accept provisions in will, he cannot thereafter, as executor, obtain order to sell estate to make up his statutory share. 64 C. 352. Order of sale will not justify exchange. 77 C. 374. Order of sale to pay debts will not justify sale after final accounting. Id.; 81 C. 94. Court should not order a sale where it will compel one legatee to buy or sell an interest at a loss. Id., 95. Private sale should have public notice. 134 C. 334. Sale of estate personal property, though approved by Probate Court, may be reviewed de novo by appellate court; former doctrine of discretion of Probate Court reversed. 158 C. 286.
Conn. Gen. Stat. § 45a-111 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-111
Sec. 45a-111. Exemptions, waivers and reduction of fees and expenses.
Status: in_force

(b) No fees or expenses shall be charged under sections 45a-106a to 45a-112 , inclusive, or under section 45a-727 for adoption proceedings involving special needs children.

(c) If a petitioner or applicant to a Probate Court claims that unless his or her obligation to pay the fees and the necessary expenses of the action, including the expense of service of process, is waived, such petitioner or applicant will be deprived by reason of his or her indigency of his or her right to bring a petition or application to such court or that he or she is otherwise unable to pay the fees and necessary expenses of the action, he or she may file with the clerk of such Probate Court an application for waiver of payment of such fees and necessary expenses. Such application shall be signed under penalty of false statement, shall state the applicant's financial circumstances, and shall identify the fees and expenses sought to be waived and the approximate amount of each. If the court finds that the applicant is unable to pay such fees and expenses, it shall order such fees and expenses waived. If such expenses include the expense of service of process, the court, in its order, shall indicate the method of service authorized and the expense of such service shall be paid from funds appropriated to the Judicial Department, except that, if funds have not been included in the budget of the Judicial Department for such expenses, such expenses shall be paid from the Probate Court Administration Fund.

(d) The court may, in its discretion, postpone payment of any filing fee or other fee or expense due under sections 45a-106a to 45a-112 , inclusive, and enter any matter if it appears to the court that to require such filing fee or other fee or expense to accompany submission of the matter would cause undue delay or hardship, but in such case the applicant, petitioner or moving party shall be liable for the filing fee and all other fees and expenses upon receipt of an invoice therefor from the court.

(e) Any fee or expense charged under the provisions of sections 45a-106a to 45a-112 , inclusive, shall not be subject to the tax imposed under chapter 219.

See Secs. 17a-116 to 17a-119, inclusive, re subsidies for adoption of special needs children.
Conn. Gen. Stat. § 45a-500c — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500c
Sec. 45a-500c. Application; principal place of administration.
Status: in_force

(1) If the trust was created before January 1, 2020, sections 45a-500b to 45a-500s , inclusive, apply only to a decision or action occurring on or after January 1, 2020.

(2) If the principal place of administration of the trust is changed to this state on or after January 1, 2020, sections 45a-500b to 45a-500s , inclusive, apply only to a decision or action occurring on or after the date of the change.
Conn. Gen. Stat. § 45a-65 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-65
Sec. 45a-65. (Formerly Sec. 45-11g). Council's report of its investigation and recommendation re discipline or exoneration of respondent.
Status: in_force

(b) If public admonishment or public censure is recommended, the chairman shall prepare and forward the admonishment or censure in writing to the respondent, signing the admonishment or censure as chairman of the council. The respondent may, within twenty days after receiving notice of public admonishment or censure by the council, appeal to the Supreme Court of Connecticut. A respondent filing an appeal shall give notice of its filing to the council before the expiration of time for filing of an appeal. The council shall, within two weeks following receipt of notice of an appeal, file a finding of fact and conclusions therefrom. A copy of the admonishment or censure shall be furnished to the Chief Justice, the Chief Court Administrator, the Probate Court Administrator, the president-judge of the Connecticut Probate Assembly and the complainant. If a judge or judicial candidate is the subject of the admonishment or censure, a copy of the admonishment or censure shall be furnished to the town clerk in each town in the judge's or judicial candidate's probate district.

(c) If, in the judgment of the council, the facts so warrant, it may recommend that (1) the House of Representatives institute impeachment proceedings against a probate judge, or (2) the Chief Justice suspend or remove a probate magistrate or attorney probate referee from office.

(d) If the council exonerates the respondent, a copy of the proceedings and report of the council shall be furnished to the respondent, the Probate Court Administrator and the complainant.

(e) Except as provided in subsections (g) and (h) of section 45a-63 , all decisions of the council shall be public record and shall be available for inspection at the Office of the Probate Court Administrator.

Annotations to former section 45-11g:

Cited. 192 C. 704; 193 C. 180; 215 C. 553.
Conn. Gen. Stat. § 45a-354 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-354
Sec. 45a-354. (Formerly Sec. 45-230c). Notice to creditors.
Status: in_force

(b) In the event of a failure of publication of such notice, a defective publication of such notice, or the death, resignation or removal of the fiduciary, the Court of Probate may, in its discretion, order such supplemental publication of notice as it shall determine.
Conn. Gen. Stat. § 45a-558j — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558j
Sec. 45a-558j. Powers of custodian.
Status: in_force

(b) This section does not relieve a custodian from liability for breach of the provisions of section 45a-558i .