Conn. Gen. Stat. § 45a-659 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-659
Sec. 45a-659. (Formerly Sec. 45-76). Conservator of nonresident's property.
Status: in_force

(b) If a conservator of the estate has been appointed for such an incapable person in the state of such person's domicile, (1) the court may, on application of the out-of-state conservator to act as conservator for real or tangible personal property of the incapable person in this state, appoint such person as conservator of the estate without a hearing, on presentation to the court of a certified copy of the conservator's appointment in the state of the incapable person's domicile, and (2) if the application is for the appointment of a person other than the out-of-state conservator to act as conservator of the estate, the court, at its hearing on the application, may accept a certified copy of the out-of-state appointment of a conservator as evidence of incapacity. As used in this subsection, a “conservator of the estate” in an out-of-state jurisdiction includes any person serving in the equivalent capacity in such state.

(c) The conservator of the estate for the property in this state shall give a probate bond, and shall, within two months after the date of his or her appointment, make and file in the court of probate, under penalty of false statement, an inventory of all the real property and tangible personal property in this state of the incapable person, appraised or caused to be appraised, by such conservator, at fair market value as of the date of the conservator's appointment.

(d) The proceeds of any sale of the real or tangible personal property, or the tangible personal property itself, may be transferred to the conservator, committee or guardian having charge of the person and estate of the incapable person in the state where the incapable person is domiciled, following the application and proceedings which are required by section 45a-635 .

See Sec. 52-60 re appointment of judge of probate as attorney for nonresident fiduciary.

Annotation to former section 45-76:

Cited. 154 C. 249.
Conn. Gen. Stat. § 45a-499tt — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499tt
Sec. 45a-499tt. Cotrustees.
Status: in_force

(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.

(c) Subject to the provisions of section 45a-500 l , a cotrustee shall participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.

(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

(e) A trustee may delegate to a cotrustee the performance of any function other than a function that the terms of the trust expressly require to be performed by the trustees jointly. Unless a delegation was irrevocable, a delegating trustee may revoke a delegation previously made.

(f) Except as provided in subsection (g) of this section, a trustee who does not join in an action of another trustee is not liable for the action.

(g) Subject to the provisions of section 45a-500 l , a trustee shall exercise reasonable care to: (1) Prevent a cotrustee from committing a serious breach of trust; and (2) compel a cotrustee to redress a serious breach of trust.

(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
Conn. Gen. Stat. § 45a-334m — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334m
Sec. 45a-334m. Disclosure of contents of electronic communications held in trust when trustee is not original user.
Status: in_force

(1) A written request for disclosure in physical or electronic form;

(2) A certified copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee;

(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) If requested by the custodian:

(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the trust; or

(B) Evidence linking the account to the trust.
Conn. Gen. Stat. § 45a-293 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-293
Sec. 45a-293. (Formerly Sec. 45-179). Notice of devise or bequest to corporation.
Status: in_force

Annotation to former section 45-179:

Cited. 98 C. 335.
Conn. Gen. Stat. § 45a-499c — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499c
Sec. 45a-499c. Definitions.
Status: in_force

(1) “Action”, with respect to an act of a trustee, includes a failure to act.

(2) “Ascertainable standard” means a standard relating to an individual's health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, as in effect on January 1, 2020, or as later amended.

(3) “Beneficiary” means a person that (A) has a present or future beneficial interest in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a power of appointment over trust property. “Beneficiary” does not include an appointee under a power of appointment until the power is exercised and the trustee has knowledge of the exercise and the identity of the appointee.

(4) “Breach of trust” includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, sections 45a-499a to 45a-500s , inclusive, or law of this state other than sections 45a-499a to 45a-500s , inclusive, pertaining to trusts.

(5) “Charitable trust” means a trust, or part of a trust, created (A) for a charitable purpose described in section 45a-499z ; and (B) when property is dedicated for a charitable purpose, whether the dedication is by written instrument, declaration, deed, pledge, judgment or decree.

(6) “Conservator of the estate” means a person appointed by the court to administer the estate of an adult individual.

(7) “Conservator of the person” means a person appointed by the court to make decisions regarding the support, care, education, health and welfare of an adult individual and includes a conservator of the person of an adult, but does not include a guardian ad litem.

(8) “Court” means a court of this state having jurisdiction over the matter pursuant to sections 45a-499o and 45a-499p or a court of another state having jurisdiction under the law of the other state.

(9) “Current beneficiary” means a beneficiary that, on the date the beneficiary's qualification is determined, is a distributee or permissible distributee of trust income or principal.

(10) “Designated representative” means any person designated as provided in subsection (a) of section 45a-499u , unless precluded from acting by the trust instrument or applicable law.

(11) “Directed trust” means a trust for which the terms of the trust grant a power of direction.

(12) “Directed trustee” means a trustee that is subject to a trust director's power of direction.

(13) “Environmental law” means a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.

(14) “Guardian” means a person appointed by the court pursuant to part V of chapter 802h.

(15) “Inter vivos trust” means a trust that is not a testamentary trust.

(16) “Interests of the beneficiaries” means the beneficial interests provided in the terms of the trust.

(17) “Jurisdiction”, with respect to a geographic area, includes a state or country.

(18) “Mandatory distribution” means distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. “Mandatory distribution” does not include a distribution subject to the exercise of the trustee's discretion, regardless of whether the terms of the trust (A) include a support or other standard to guide the trustee in making distribution decisions; or (B) provide that the trustee may or shall make discretionary distributions, including distributions pursuant to a support or other standard.

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

(20) “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. “Power of direction” includes a power over the investment, management or distribution of trust property or other matters of trust administration, but does not include the powers described in subsection (b) of section 45a-500e .

(21) “Power of withdrawal” means a presently exercisable general power of appointment other than a power exercisable only upon consent of the trustee or a person holding an adverse interest.

(22) “Property” means anything that may be the subject of ownership, whether real or personal and whether legal or equitable, or any interest therein.

(23) “Qualified beneficiary” means a beneficiary that, on the date the beneficiary's qualification is determined: (A) Is a distributee or permissible distributee of trust income or principal; (B) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this subdivision terminated on such date without causing the trust to terminate; or (C) would be a distributee or permissible distributee of trust income or principal if the trust terminated on such date.

(24) “Revocable”, as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.

(25) “Settlor” means a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to such person's contribution, except to the extent another person has the power to revoke or withdraw such portion and as otherwise provided in section 45a-499nn .

(26) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest.

(27) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States, and includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.

(28) “Terms of a trust” means:

(A) Except as otherwise provided in subparagraph (B) of this subdivision, the manifestation of the settlor's intent regarding a trust's provisions as:

(i) Expressed in the trust instrument; or

(ii) Established by other evidence that would be admissible in a judicial proceeding; or

(B) The trust's provisions, as established, determined or amended by:

(i) A trustee or other person in accordance with authority under the trust instrument, a statute or a court order;

(ii) A court order; or

(iii) A nonjudicial settlement agreement under section 45a-499k and subsection (a) of section 45a-499 ll or court approval of the combination of a testamentary trust with another trust or the division of a testamentary trust into two or more separate trusts pursuant to subsection (b) of section 45a-499 ll .

(29) “Testamentary trust” means a trust created under a will and, unless otherwise expressly provided, any trust established pursuant to an order of the Probate Court.

(30) “Trust director” means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, provided a person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.

(31) “Trust instrument” means any instrument executed by the settlor, including a will establishing or creating a testamentary trust, that contains terms of the trust, including any amendments thereto. In the case of a charitable trust, “trust instrument” means any written instrument by which property is dedicated for a charitable purpose described in section 45a-499z .

(32) “ Trustee” includes an original, additional and successor trustee and a cotrustee.
Conn. Gen. Stat. § 45a-431 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-431
Sec. 45a-431. (Formerly Sec. 45-272). Distribution of estates.
Status: in_force

(b) Court to order fiduciary to distribute estate. The court shall order the administrator or other fiduciary charged with the administration of the estate to deliver possession of or pay over the intestate estate and the shares in each testate estate so far as the will may leave the same indefinite and necessary to be defined to the person or persons entitled thereto in the proportions provided by law, or, if distributors are appointed or a mutual distribution is filed, as provided in section 45a-433 , or if disinterested persons are appointed to make division or an agreement is filed, as provided in section 45a-434 , the court shall order the fiduciary of the estate to deliver possession of or pay over the same in accordance with the division made by such distributors or mutual distribution or agreement, as the case may be. The fiduciary shall take proper receipts for any such delivery or payment.

Annotations to former sections:

Heir has right to ask for ascertainment of heirs. 55 C. 410. Cited. 67 C. 18. Section is declaratory of preexisting law. Id., 442. The determination of the Court of Probate as to the parties entitled to take under a will cannot be collaterally attacked, but only by appeal; is conclusive. 69 C. 79; 90 C. 561. Cited. 69 C. 616. Application for order of distribution irregular; order where only one heir. 71 C. 128; 72 C. 122; 104 C. 103. Determination of heirs or distributees merely incident to order for distribution. 71 C. 129; 72 C. 328. Court may consider extraneous facts to apply terms of will, but cannot finally pass on validity of trust provision. 74 C. 601. Paying balance in estate to person entitled without order of court, see 75 C. 410; 77 C. 378. Approving distribution as implying that it has done so. 75 C. 598; 78 C. 626. Duty of administrator to apply for distribution. 78 C. 622. Distribution to the “heirs” of a living person is void. 80 C. 363, but see 75 C. 601; 83 C. 346; 84 C. 323. Power and duty of court to determine distributees. 81 C. 161; 89 C. 429; 90 C. 567. Court may not consider equities arising from transactions after decedent's death. 82 C. 311. Proceeds of devised real estate sold under court order distributed as realty would have been. 90 C. 144; 98 C. 333. Court may pass on validity of provisions of will so far as necessary to determine distributees. 90 C. 592. Probate Court must first pass on conflicting claims to assets of estate; interpleader will not lie. 91 C. 446. Court of Probate cannot revoke order of distribution made on notice after appeal therefrom taken. 92 C. 28. Probate Court has jurisdiction to determine incidental questions necessary to a correct conclusion. 117 C. 376. Including necessary construction of will. 120 C. 103. Statement of who are distributees in accepted final account does not constitute an order. Id., 183. Cited. 121 C. 112; 140 C. 111; 143 C. 662. Unless a contrary intent appears, gifts will be construed to take effect in point of right at the death of the testator though their enjoyment is postponed to a future time by the interposition of a life estate or otherwise. 147 C. 272.

Superior Court cannot determine whether legatee left issue; it must be made by Probate Court. 7 CS 106.

Annotations to former section 45-272:

Cited. 150 C. 110; 174 C. 176. Although it lacks direct jurisdiction to construe wills, Probate Court in performing its duty to ascertain distributees has jurisdiction to consider incidental questions, even though this may entail construing a will. 175 C. 372. Cited. 194 C. 52; 211 C. 121.

Cited. 38 CS 91; 40 CS 151.
Conn. Gen. Stat. § 45a-477 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-477
Sec. 45a-477. (Formerly Sec. 45-90). Jurisdiction of Probate Court over trusts administered outside of this state.
Status: in_force

See Sec. 45a-206 re foreign corporation's right to be executor or trustee.

See Sec. 45a-207 re investments held by foreign corporation as executor or trustee.

See Sec. 45a-635 re removal by foreign guardian of ward's personal property.

See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.

Annotations to former section 45-90:

Court in which estate is settled alone has jurisdiction. 58 C. 233.

Transfer of funds in ancillary trust here to another jurisdiction is consistent with Connecticut public policy. 28 CS 499.
Conn. Gen. Stat. § 45a-285 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-285
Sec. 45a-285. (Formerly Sec. 45-166). Proof of will out of court.
Status: in_force

Annotations to former section 45-166:

Party contesting will may require attendance of all witnesses within reach of process. 36 C. 280; 91 C. 269. Cited. 57 C. 188. Not unconstitutional as violating right to trial by jury; affidavit admissible in appellate court. 74 C. 257. Proponents of will are not required, even on demand by contestants, to call all available attesting witnesses to witness stand. 150 C. 651.

Annotation to present section:

Cited. 218 C. 220.
Conn. Gen. Stat. § 45a-621 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-621
Sec. 45a-621. (Formerly Sec. 45-45f). Appointment of guardian ad litem.
Status: in_force

Annotation to former section 45-45f:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-542g — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542g
Sec. 45a-542g. Apportionment of receipts and disbursements when decedent dies or interest income begins.
Status: in_force

(b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.

(c) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of sections 45a-542 to 45a-542ff , inclusive. Distributions to shareholders or other owners from an entity to which section 45a-542i applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.
Conn. Gen. Stat. § 45a-542aa — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542aa
Sec. 45a-542aa. Transfers from income to reimburse principal.
Status: in_force

(b) Principal disbursements to which subsection (a) of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

(1) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;

(2) A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;

(3) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and broker's commissions;

(4) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and

(5) Disbursements described in subdivision (7) of subsection (a) of section 45a-542y .

(c) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (a) of this section.
Conn. Gen. Stat. § 45a-558k — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558k
Sec. 45a-558k. Use of custodial property. Distribution to a trust.
Status: in_force

(b) A custodian may distribute all or part of the custodial property to a trust, including a trust created by the custodian, at any time and without court order, provided: (1) The custodian has a good faith belief that such distribution of all or part of the custodial property to a trust is in the best interest of the minor; (2) the minor is the sole beneficiary of the trust during the minor's lifetime; (3) the trust satisfies the requirements of Section 2503(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the regulations implementing said section; and (4) if the terms of the trust grant to the minor a right to withdraw the trust assets upon the minor's attainment of twenty-one years of age, (A) such terms shall also grant to the minor a right to withdraw any remaining trust assets upon the minor's attainment of twenty-five years of age, (B) the trustee shall notify the minor in writing, by certified mail or similar means of delivery, of such right to withdraw (i) on or before the minor's attainment of twenty-one years of age, and (ii) if there are any remaining trust assets thereafter, on or before the minor's attainment of twenty-five years of age, and (C) the time period during which such withdrawal may be made shall not be less than thirty days from the date the minor attains the applicable age specified in subparagraph (B) of this subdivision or the date the minor receives the applicable notification required by said subparagraph, whichever date is later. Any such right to withdraw shall not lapse if the applicable notification required by subparagraph (B) of subdivision (4) of this subsection is not received by the minor. Any distribution to a trust pursuant to this subsection terminates the custodianship to the extent of the custodial property so distributed. The provisions of this subsection shall apply to any custodianship under sections 45a-557 to 45a-560b , inclusive, in existence on or after October 1, 2007.

(c) On petition of an interested person or the minor if the minor has attained the age of twelve years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.

(d) A delivery, payment, expenditure or distribution under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Conn. Gen. Stat. § 45a-257a — Connecticut Code / Title 45a / Chapter 802a / Section 45a-257a
Sec. 45a-257a. Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate.
Status: in_force

(b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426 .

(c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436 .
Conn. Gen. Stat. § 45a-487k — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487k
Sec. 45a-487k. Definitions.
Status: in_force

(1) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

(2) “Creditor” means, with respect to a transferor, a person who has a claim.

(3) “Debt” means liability on a claim.

(4) “Disposition” means a transfer, conveyance or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one trustee for another or the addition of one or more new trustees, or the exercise of a power so as to cause a transfer of property, to a trustee or trustees. “Disposition” does not include the release or relinquishment of an interest that was the subject of a qualified disposition.

(5) “Property” includes real property, tangible and intangible personal property, and interests in real or personal property, tangible and intangible.

(6) “Qualified disposition” means a disposition by or from a transferor to a trustee, with or without consideration, by means of a trust instrument. “Qualified disposition” does not include a disposition: (A) In derogation of any state or federal agency claim or right of recovery under 42 USC Chapter 7, Subchapter XIX against a trust established by a transferor or such transferor's spouse, or (B) in respect to a state or federal agency treatment of the trust instrument in a determination of a transferor's eligibility under a state plan under 42 USC Chapter 7, Subchapter XIX.

(7) “Spouse” and “former spouse” means only persons to whom the transferor was married at, or before, the time the qualified disposition is made.

(8) “Transferor” means an individual who, or entity which, as an owner of property or as a holder of a general power of appointment, which authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate or the creditors of the holder's estate, or as a trustee, directly or indirectly, makes a disposition or causes a disposition to be made.

(9) “Qualified trustee” means:

(A) Any person, other than the transferor, who in the case of an individual, is a resident of this state or who, in all other cases, is a state or federally chartered bank or trust company having a place of business in this state, is authorized to engage in a trust business in this state, and maintains or arranges for custody in this state of some or all of the property that is the subject of the qualified disposition, maintains records in this state for the trust on an exclusive or nonexclusive basis, prepares or arranges for the preparation in this state of fiduciary income tax returns for the trust, or otherwise materially participates in this state in the administration of the trust.

(B) “Qualified trustee” does not include (i) the transferor, (ii) any other individual who is a nonresident of this state, or (iii) an entity that is not authorized by the laws of this state to act as a trustee or whose activities are not subject to supervision as provided in subparagraph (A) of this subdivision.

(10) “Trust instrument” means an instrument, in writing, appointing at least one qualified trustee for the property that is the subject of a disposition, which instrument:

(A) Expressly provides that the laws of this state govern the validity, construction and administration of the trust;

(B) Is irrevocable; and

(C) Provides that the interest of the transferor or other beneficiary in the trust property or the income from the trust property may not be transferred, assigned, pledged or mortgaged, whether voluntarily or involuntarily, before the qualified trustee or qualified trustees actually distribute the property or income from the trust property to or for the benefit of the beneficiary, and the provision of the trust instrument shall be deemed to be a restriction on the transfer of the transferor's beneficial interest in the trust that is enforceable under applicable nonbankruptcy law within the meaning of 11 USC 541(c)(2), as amended from time to time.
Conn. Gen. Stat. § 45a-763 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-763
Sec. 45a-763. (Formerly Sec. 45-69c). Adoption Review Board established.
Status: in_force

(b) Each designee or officer shall be a person who is familiar with and experienced in adoption procedures, policies and practices.

(c) The members of the board shall select a chairman from among their membership who shall serve for a term of two years from his election or until his successor is elected.

(d) The members of the board shall receive no compensation for their services as such.
Conn. Gen. Stat. § 45a-95a — Connecticut Code / Title 45a / Chapter 801 / Section 45a-95a
Sec. 45a-95a. Compensation of probate judges on and after January 5, 2011.
Status: in_force

(1) A judge of probate who serves a band 1 probate district shall receive annual compensation equal to forty-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47 .

(2) A judge of probate who serves a band 2 probate district shall receive annual compensation equal to fifty-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47 .

(3) A judge of probate who serves a band 3 probate district shall receive annual compensation equal to sixty-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47 .

(4) A judge of probate who serves a band 4 probate district shall receive annual compensation equal to seventy-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47 .

(b) Notwithstanding the provisions of subsection (a) of this section, no judge of probate in office on January 4, 2011, may, for the term of office beginning January 5, 2011, and ending January 6, 2015, receive compensation under subsection (a) of this section that is less than eighty per cent of the average annual compensation for the judge of probate during the three-year period from January 1, 2008, to December 31, 2010, inclusive. The provisions of this subsection shall not apply to the compensation of a judge of probate whose district results from a merger that becomes effective on January 5, 2011, or to any person first elected to serve as a judge of probate for a term beginning on or after January 5, 2011.

(c) For any calendar year, compensation of any judge of probate who assumes office or ceases to hold office during such calendar year shall be determined by multiplying the judge's annual compensation determined in accordance with subsections (a) and (b) of this section by a fraction with the number of days served during the calendar year as the numerator of the fraction and three hundred sixty-five as the denominator of the fraction.
Conn. Gen. Stat. § 45a-242 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-242
Sec. 45a-242. (Formerly Sec. 45-263). Removal, resignation and replacement of fiduciary.
Status: in_force

(b) The Probate Court, after notice and hearing, may accept or reject the written resignation of any fiduciary, but such resignation shall not relieve such fiduciary from the obligation to fully and finally account to the court for the administration of such fiduciary's trust. The fiduciary shall submit a final account to the court within sixty days of the acceptance of his or her resignation.

(c) A guardian appointed by a testator in a will may resign or be removed, and the vacancy filled by the court having jurisdiction in the manner provided under this section, unless otherwise provided by the will.

(d) Except as otherwise provided in subsection (c) of this section, upon the death, removal or acceptance of the resignation of any fiduciary before the completion of such fiduciary's duties, the Probate Court may appoint a suitable person to fill the resultant vacancy and such successor fiduciary shall give a probate bond, unless such bond is excused by the will or otherwise by law.

(e) All suits in favor of or against the original fiduciary shall survive to and may be prosecuted by or against the person appointed to succeed such fiduciary.

(f) For purposes of this section, “fiduciary” includes executors, administrators, conservators and guardians, but does not include trustees.

See Sec. 45a-143 re duty to exhibit the condition of the estate.

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

Annotations to former section 45-263:

Removed executor should immediately turn over all property of estate to his successor. 17 C. 420. Failure to file inventory and obey order to give notice of limitation, ground for removal. 40 C. 288. Cited. 59 C. 331; 63 C. 307. Trust is not allowed to fail for lack of a trustee. 101 C. 528. Power of removal to be used for protection of estate; facts held to justify refusal to exercise power of removal. 107 C. 541. Unless Probate Court has abused discretion in refusing to remove trustee accused of wasting estate, its decision must stand. 117 C. 583. Trustee removed for neglect of duty is not entitled to appeal. 129 C. 67, see 175 C. 200. Cited. 147 C. 482. What constitutes sufficient basis for removal of a trustee. 148 C. 361. Question of credibility is for trier, and trial court could reasonably have concluded Probate Court had not abused its discretion in removing a trustee who failed to obey its orders. 155 C. 413. Reversal of 107 C. 535 and doctrine of discretion in Probate Court; on appeal all matters may be tried de novo without regard to result reached by Probate Court. 158 C. 286. Overruled 129 C. 67 insofar as it stands for the proposition that a personal pecuniary interest is required to appeal; a fiduciary has standing to appeal any decree adversely affecting the interests of those for whom he is acting, if it is a part of his duty to protect those interests. 175 C. 200. Cited. 202 C. 57.

Cited. 6 CA 115; 19 CA 456.

Whether or not an administrator should be removed is a question addressed to the discretion of the Probate Court and will not be reversed upon appeal unless it is a clear abuse of discretion. 10 CS 97. Final accounting can be had only in Court of Probate that appointed guardian. 14 CS 13. Cited. 40 CS 312.

Annotations to present section:

Fiduciary removed pursuant to Subsec. (a)(4) has not been conferred with statutory aggrievement pursuant to Sec. 45a-243 and may not maintain an appeal pursuant to that section; fiduciary removed pursuant to Subsec. (a)(4) is not an aggrieved person pursuant to Sec. 45a-186. 267 C. 229.

Cited. 30 CA 334.
Conn. Gen. Stat. § 45a-545m — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545m
Sec. 45a-545m. Trust for beneficiary with disability.
Status: in_force

(1) “Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives such benefits or is an individual who has been adjudicated incapable.

(2) “Governmental benefits” means financial aid or services from a state, federal or other public agency.

(3) “Special-needs fiduciary” means, with respect to a trust that has a beneficiary with a disability: (A) A trustee or other fiduciary, other than a settlor, who has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries; (B) if no trustee or fiduciary has discretion under subparagraph (A) of this subdivision, a trustee or other fiduciary, other than a settlor, who has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or (C) if no trustee or fiduciary has discretion under subparagraphs (A) and (B) of this subdivision, a trustee or other fiduciary, other than a settlor, who is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.

(4) “Special-needs trust” means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits.

(b) A special-needs fiduciary may exercise the decanting power under section 45a-545k over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if: (1) A second trust is a special-needs trust that benefits the beneficiary with a disability; and (2) the special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.

(c) In an exercise of the decanting power under this section, the following rules apply:

(1) Notwithstanding subdivision (2) of subsection (b) of section 45a-545k , the interest in the second trust of a beneficiary with a disability may: (A) Be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under 42 USC 1396p(d)(4)(C), as amended from time to time; or (B) contain payback provisions complying with reimbursement requirements of Medicaid law under 42 USC 1396p(d)(4)(A), as amended from time to time.

(2) Subdivision (3) of subsection (b) of section 45a-545k shall not apply to the interests of the beneficiary with a disability.

(3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, shall grant each other beneficiary of the first trust beneficial interests in the second trusts in accordance with section 45a-545k or 45a-545 l , as the case may be.

(4) A special-needs fiduciary shall not exercise the decanting power with respect to a trust established pursuant to and in compliance with 42 USC 1396p(d)(4)(A) or (C) in a manner that would impair the state's claim on the death of the beneficiary for (A) medical assistance provided, and (B) any claims for which this state would have valid claims against the estate of the deceased beneficiary not previously paid or reimbursed.
Conn. Gen. Stat. § 45a-727a — Connecticut Code / Title 45a / Chapter 803 / Section 45a-727a
Sec. 45a-727a. Legislative findings re best interests of child.
Status: in_force

(1) The best interests of a child are promoted by having persons in the child's life who manifest a deep concern for the child's growth and development;

(2) The best interests of a child are promoted when a child has as many persons loving and caring for the child as possible; and

(3) The best interests of a child are promoted when the child is part of a loving, supportive and stable family, whether that family is a nuclear, extended, split, blended, single parent, adoptive or foster family.
Conn. Gen. Stat. § 45a-119 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-119
Sec. 45a-119. (Formerly Sec. 45-7). Judge may call assistance.
Status: in_force

Annotation to former section 45-7:

Provision existed in some form since 1716. 38 C. 479.
Conn. Gen. Stat. § 45a-545z — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545z
Sec. 45a-545z. Later-discovered property.
Status: in_force

(b) Except as provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.

(c) An authorized fiduciary may provide in an exercise of the decanting power, or by the terms of a second trust, for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
Conn. Gen. Stat. § 45a-93 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-93
Sec. 45a-93. (Formerly Sec. 45-25a). Payments to probate judges who leave office or die while in office. Exceptions.
Status: in_force

(2) On and after January 5, 2011, such payments shall include only a sum representing accounts receivable for costs, charges and fees assessed on the estates of decedents arising in a town within the judge's district as such district existed on January 4, 2011. Such payments shall be made in annual installments, payable on or before April first of the year immediately following the year in which such accounts receivable are collected. There shall be deducted from any such payment (A) any assessment, penalty or interest due pursuant to section 45a-92 and applicable regulations, (B) the cost of collection of such accounts receivable, and (C) any expenses directly attributable to the outgoing judge's or deceased judge's term of office.

(3) In no event shall any such payments exceed the maximums allowable under the provisions of section 45a-92 in any one calendar year, and in the aggregate in no event shall the total payments payable under this section exceed one hundred per cent of the average final compensation for such judge as defined in subdivision (1) of section 45a-34 , except that such allowable maximum payment shall not include any amounts of money due and payable to the judge at the time of separation from the court or at the time of such judge's death for amounts advanced by such judge to the court for operating expenses and not previously repaid, which amounts may be paid to such judge or personal representative upon receipt of satisfactory proof of the existence of balances due.

(b) (1) Except as provided in subdivision (2) of this subsection, the provisions of subsection (a) of this section shall apply to any judge in office on or before January 4, 2011.

(2) The provisions of subsection (a) of this section shall not apply to a judge who is elected to a term that begins on or after January 5, 2011.

(c) On and after January 5, 2011, any payments due a judge under subsection (a) of this section shall be paid from the Probate Court Administration Fund.
Conn. Gen. Stat. § 45a-156 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-156
Sec. 45a-156. (Formerly Sec. 45-235). Costs of arbitration.
Status: in_force

(b) The fees and charges of the arbitrator or arbitrators shall be taxed by the judge and apportioned by him between the parties as he judges proper and shall be paid by them according to the apportionment.

(c) Other costs shall not be allowed.
Conn. Gen. Stat. § 45a-599 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-599
Sec. 45a-599. Transfer of guardianship file between Probate Courts.
Status: in_force

(b) When any minor for whom a guardian has been appointed becomes a resident of any town in the state in a probate district other than the one in which a guardian was appointed, such court in that district may, upon motion of any person deemed by the court to have sufficient interest in the welfare of the respondent, including, but not limited to, the guardian or a relative of the minor under guardianship, transfer the file to the probate district in which the minor under guardianship resides at the time of the motion, provided the transfer is in the best interest of the minor.

(c) Upon issuance of an order to transfer a file under this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall thereupon assume jurisdiction over the guardianship.
Conn. Gen. Stat. § 45a-495 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-495
Sec. 45a-495. Prospective application.
Status: in_force

(b) If a nonvested property interest or a power of appointment was created before October 1, 1989, and is determined in a judicial proceeding, commenced on or after October 1, 1989, to violate this state's rule against perpetuities as that rule existed before October 1, 1989, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
Conn. Gen. Stat. § 45a-515 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-515
Sec. 45a-515. (Formerly Sec. 45-80). Charitable uses determined by trustee, when.
Status: in_force

Annotations to former section 45-80:

Trusts for support of religion are charitable trusts; trust giving trustee power to select particular mission held to comply with statute. 113 C. 231. Trust not void for uncertainty if trustee can distribute only to institutions exclusively devoted to charitable purposes. 123 C. 552. Trust valid with direction that trustee distribute “to such charitable and educational purposes as it may deem wise and prudent.” 126 C. 665. Effect of section is to make valid a bequest to charity generally, provided that by the terms of the bequest there is an absolute power vested in either a trustee or some other person to determine to what specific charity the property bequeathed shall be devoted. 138 C. 676. Cited. 157 C. 268.

Cited. 18 CS 100. A trustee, in fulfillment of his duty to give effect to the testator's charitable intentions as made apparent in the will, may use surplus income to bestow on the charities named by the testator additional benefits in proportion to their original shares. 22 CS 409.
Conn. Gen. Stat. § 45a-62 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-62
Sec. 45a-62. (Formerly Sec. 45-11d). Council on Probate Judicial Conduct.
Status: in_force

(b) The members of the council shall serve for terms of four years and if for any reason they fail to complete their terms, a successor shall be appointed for the remainder of such terms by the same appointing authority as was the member who was succeeded. The council shall elect a chairman from among its members to serve for a term of two years from the date of his election. Members of the council, except the referee appointed by the Chief Justice, shall receive compensation for their services not to exceed one hundred dollars per diem. The referee appointed by the Chief Justice shall be compensated as provided in section 52-434 . All members shall be reimbursed for expenses incurred in the performance of their duties from the budget of the Probate Court Administration Fund.

See Sec. 45a-68 re requirement that judges file statements of financial interest with council.

Annotations to former section 45-11d:

Cited. 192 C. 704; 193 C. 180; 215 C. 553.
Conn. Gen. Stat. § 45a-499zz — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499zz
Sec. 45a-499zz. Reimbursement of expenses.
Status: in_force

(b) If a trustee advances money to protect the trust, the trustee has a lien against the trust property to secure reimbursement of the money with reasonable interest.
Conn. Gen. Stat. § 45a-169 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-169
Sec. 45a-169. (Formerly Sec. 45-240). When probate bond not required.
Status: in_force

Annotation to former section 45-240:

Cited. 140 C. 594.
Conn. Gen. Stat. § 45a-441 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-441
Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee.
Status: in_force

Annotations to former section 45-176:

Cited. 65 C. 41. Creates in effect a gift to the legatee and to his issue in case he dies before testator. 74 C. 144. “Brother” includes half-brother. 79 C. 563. Section applies though will republished after death of legatee. 88 C. 406. Cited. 93 C. 76. Applies to gifts to a class, but will not avail where decedent died before will was made and so never became a member of the class. 97 C. 438. Cited. 124 C. 584; 127 C. 9; 159 C. 35.

Statute extended to cover situation where a brother of the testator died before the will was executed; the legacies were distributed per stirpes. 11 CS 133.

Annotations to present section:

Cited. 218 C. 220.

Statute is intended to prevent unintended disinheritance and intestacy, is remedial and should be read liberally and therefore, in this case, allows heirs of deceased beneficiary to inherit even where will named beneficiary “if she survives me” because will contained no contingent provisions for share of estate in the event of beneficiary's death. 93 CA 432.
Conn. Gen. Stat. § 45a-620 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-620
Sec. 45a-620. (Formerly Sec. 45-45e). Appointment of counsel. Appointment of guardian ad litem to speak on behalf of best interests of minor.
Status: in_force

Annotation to former section 45-45e:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-357 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-357
Sec. 45a-357. (Formerly Sec. 45-230f). Optional notice procedures; effect of failure to present claim; discretionary extension of time; exoneration.
Status: in_force

(b) Any creditor notified in accordance with subsection (a) of this section, who fails to present his claim to the fiduciary on or before the date specified in such notice shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Any creditor who presents his claim on or before the date specified in such notice may not increase such claim following the expiration of such period.

(c) Any creditor who, through no fault of his own, has failed to present his claim within the time set forth in the notice given to said creditor pursuant to subsection (a) of this section may submit an application for an extension of time to file such claim with the Court of Probate within one hundred eighty days from the date of such notice. Upon such application, the Court of Probate may, upon hearing after notice, for cause shown, enter an order extending the time for such creditor to present his claim for a period of not more than thirty days from the date of such order, and no claim so presented shall be barred by the application of subsection (b) of this section; provided no such extension may be granted which would extend the period for presenting such claim beyond the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-375 , would otherwise have expired.
Conn. Gen. Stat. § 45a-542z — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542z
Sec. 45a-542z. Transfers from income to principal for depreciation.
Status: in_force

(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2) During the administration of a decedent's estate; or

(3) Under this section if the trustee is accounting under section 45a-542k for the business or activity in which the asset is used.

(c) An amount transferred to principal need not be held as a separate fund.
Conn. Gen. Stat. § 45a-243 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-243
Sec. 45a-243. (Formerly Sec. 45-264). Appeal from removal of fiduciary. Effect on successor fiduciary.
Status: in_force

(b) If the order of removal is sustained upon appeal, such appointment shall become permanent.

(c) If the order of removal is vacated upon appeal, such appointment may be terminated, subject to the obligation of such successor fiduciary to render a final account, and the acts of the successor fiduciary for the period of the pendency of the appeal shall be of full effect.

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

Annotations to former section 45-264:

Cited. 175 C. 200. Removed fiduciaries need not allege or prove aggrievement in order to appeal; legislature in enacting statute exercised its powers to establish aggrievement “specially”. 195 C. 123.

Cited. 22 CA 490.

Cited. 20 CS 262.

Annotation to present section:

Interpretation of “for cause” is a reason that is related to one's fitness or ability to perform its duties; fiduciary removed for reasons related to its fitness or ability to perform has right of appeal to clear its name from scurrilous or ignominious allegations. 267 C. 229.
Conn. Gen. Stat. § 45a-727 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-727
Sec. 45a-727. (Formerly Sec. 45-63). Application and agreement for adoption. Investigation, report. Adoptive parents entitled to receive copy of records and other information re history of child. Assessment of fees. Hearing and decree.
Status: in_force

(2) The application shall incorporate a declaration that to the best of the knowledge and belief of the declarant there is no other proceeding pending or contemplated in any other court affecting the custody of the child to be adopted, or if there is such a proceeding, a statement in detail of the nature of the proceeding and affirming that the proposed adoption would not conflict with or interfere with the other proceeding. The court shall not proceed on any application which does not contain such a declaration. For the purposes of this declaration, visitation rights granted by any court shall not be considered as affecting the custody of the child.

(3) An application for the adoption of a minor child not related to the adoptive parents shall not be accepted by the Court of Probate unless (A) the child sought to be adopted has been placed for adoption by the Commissioner of Children and Families or a child-placing agency, and the placement for adoption has been approved by the commissioner or a child-placing agency; (B) the placement requirements of this section have been waived by the Adoption Review Board as provided in section 45a-764 ; (C) the application is for adoption of a minor child by a stepparent as provided in section 45a-733 ; or (D) the application is for adoption of a child by another person who shares parental responsibility for the child with the parent as provided in subdivision (3) of subsection (a) of section 45a-724 . The commissioner or a child-placing agency may place a child in adoption who has been identified or located by a prospective parent, provided any such placement shall be made in accordance with regulations promulgated by the commissioner pursuant to section 45a-728 . If any such placement is not made in accordance with such regulations, the adoption application shall not be approved by the Court of Probate.

(4) The application and the agreement of adoption shall be filed in the Court of Probate for the district where the adoptive parent resides or in the district where the main office or any local office of the statutory parent is located.

(5) The provisions of section 17a-152 , regarding placement of a child from another state, and section 17a-175 , regarding the interstate compact on the placement of children, shall apply to adoption placements.

(b) (1) The Court of Probate shall request the commissioner or a child-placing agency to make an investigation and written report to it, in duplicate, within sixty days from the receipt of such request. A duplicate of the report shall be sent immediately to the Commissioner of Children and Families.

(2) The report shall be filed with the Court of Probate within the sixty-day period. The report shall indicate the physical and mental status of the child and shall also contain such facts as may be relevant to determine whether the proposed adoption will be in the best interests of the child, including the physical, mental, genetic and educational history of the child and the physical, mental, social and financial condition of the parties to the agreement and the biological parents of the child, if known, and whether the best interests of the child would be served in accordance with the criteria set forth in section 45a-727a . The report shall include a history of physical, sexual or emotional abuse suffered by the child, if any. The report may set forth conclusions as to whether or not the proposed adoption will be in the best interests of the child.

(3) The physical, mental and genetic history of the child shall include information about: (A) The child's health status at the time of placement; (B) the child's birth, neonatal, and other medical, psychological, psychiatric, and dental history information; (C) a record of immunizations for the child; and (D) the available results of medical, psychological, psychiatric and dental examinations of the child. The report shall include information, to the extent known, about past and existing relationships between the child and the child's siblings, biological parents, extended family, and other persons who have had physical possession of or legal access to the child. The educational history of the child shall include, to the extent known, information about the enrollment and performance of the child in educational institutions, results of educational testing and standardized tests for the child, and special educational needs, if any, of the child.

(4) The adoptive parents are entitled to receive copies of the records and other information relating to the history of the child maintained by the commissioner or child-placing agency. The adoptive parents are entitled to receive copies of the records, provided if required by law, the copies have been edited to protect the identity of the biological parents and any other person whose identity is confidential and other identifying information relating to the history of the child. It is the duty of the person placing the child for adoption to edit, to the extent required by law, the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

(5) The report shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and such person shall be subject to examination.

(6) For any report under this section the Court of Probate may assess against the adoptive parent or parents a reasonable fee covering the cost and expenses of making the investigation. The fee shall be paid to the state or to the child-placing agency making the investigation and report, provided the report shall be made within the sixty-day period or other time set by the court.

(c) (1) Upon the expiration of the sixty-day period or upon the receipt of such report, whichever is first, the Court of Probate shall set a day for a hearing upon the agreement and shall give reasonable notice of the hearing to the parties to the agreement, the child-placing agency if such agency is involved in the adoption, the Commissioner of Children and Families and the child, if over twelve years of age.

(2) At the hearing the court may deny the application, enter a final decree approving the adoption if it is satisfied that the adoption is in the best interests of the child or order a further investigation and written report to be filed, in duplicate, within whatever period of time it directs. A duplicate of such report shall be sent to the commissioner. The court may adjourn the hearing to a day after that fixed for filing the report. If such report has not been filed with the court within the specified time, the court may thereupon deny the application or enter a final decree in the manner provided in this section.

(3) The Court of Probate shall not disapprove any adoption under this section solely because of an adoptive parent's marital status or because of a difference in race, color or religion between a prospective adoptive parent and the child to be adopted or because the adoption may be subsidized in accordance with the provisions of section 17a-117 .

(4) The Court of Probate shall ascertain as far as possible the date and the place of birth of the child and shall incorporate such facts in the final decree, a copy of which shall be sent to the Commissioner of Children and Families.

Annotations to former section 45-63:

No right to deprive court of jurisdiction by withdrawing consent after application had been filed. 138 C. 593. Cited. 152 C. 706. Facts support conclusion of trial court there is no basis for setting aside adoption decree for failure of commissioner to “indicate the physical and mental status of the child”. 157 C. 596. Cited. 198 C. 138. Public policy reflected in this section and Secs. 45-61b(g) and 45-64a does not forbid agreement about visiting rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407.

If child is under 14, not necessary to give him notice of proceedings. 13 CS 195. Cited. 17 CS 224.

Annotations to present section:

Cited. 45 CS 33.

Subsec. (a):

Subdiv. (1) limits jurisdiction of Probate Court to adoption applications accompanied by a written adoption agreement authorized by Sec. 45a-724(a); appointment of statutory parent is a condition precedent to initiation of statutory parent adoption proceeding; placement requirement of Subdiv. (3) does not apply to adoption applications that are not supported by a statutory parent adoption agreement pursuant to Sec. 45a-724(a)(1). 247 C. 474.
Conn. Gen. Stat. § 45a-499d — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499d
Sec. 45a-499d. Knowledge.
Status: in_force

(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or from the time the information would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
Conn. Gen. Stat. § 45a-167 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-167
Sec. 45a-167. (Formerly Sec. 45-244). Sale of real property by other than fiduciary.
Status: in_force

(b) Such person selling the real property shall pay to the fiduciary the sum for which such real property was sold.

Annotations to former section 45-244:

Failure to follow statute makes sale voidable and even though sale is made through intermediate conveyance to third party, relief lies in Superior Court. 105 C. 560. Effect and intent of former statute. 127 C. 480. Cited. 134 C. 334. Action of court in receiving and recording a return of sale is ministerial and no appeal lies. 140 C. 594.

Not obligatory upon an executor to proceed under section; he may sell to himself and such sale will not be void but if challenged, the burden is on him to show that the transaction was fair and equitable. 13 CS 114.
Conn. Gen. Stat. § 45a-499z — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499z
Sec. 45a-499z. Charitable purposes; enforcement; conversion to new entity.
Status: in_force

(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary and if the trustee is not given discretion to select the charitable beneficiaries consistent with the provisions of section 45a-515 , the court may select one or more charitable purposes or beneficiaries. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.

(c) The settlor of a charitable trust, or a person designated by the settlor who would not otherwise have standing, may maintain a proceeding to enforce the trust only to the extent specified in the trust instrument.

(d) If a charitable trust whose purposes are set forth in a trust instrument is converted to a corporation, limited liability company, benefit corporation or other entity, the governing instrument of the new entity shall recite the charitable purposes of the original trust instrument.
Conn. Gen. Stat. § 45a-334i — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334i
Sec. 45a-334i. Disclosure of other digital assets of deceased user.
Status: in_force

(1) A written request for disclosure in physical or electronic form;

(2) A certified copy of the death certificate of the user;

(3) A certified copy of the certificate of appointment as executor; and

(4) If requested by the custodian:

(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) Evidence linking the account to the user;

(C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(D) A finding by the court that:

(i) The user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision; or

(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Conn. Gen. Stat. § 45a-22 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-22
Sec. 45a-22. (Formerly Sec. 45-8). Disqualification of judge and of corporation of which he is director or officer.
Status: in_force

See Sec. 51-39 re judges' disqualification by relationship or interest.

Annotations to former section 45-8:

Uncle of husband of devisee, etc., not disqualified. 17 C. 545. Judge who is an inhabitant of a town which is a creditor is disqualified. 19 C. 585. Type of interest which will disqualify judge. 26 C. 7. Judge previously retained or consulted not disqualified. Id., 577. Judge who is also selectman disqualified to act on application for appointment of conservator. 28 C 268. Cited. 134 C. 606; 215 C. 553.
Conn. Gen. Stat. § 45a-726 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-726
Sec. 45a-726. (Formerly Sec. 45-61l). Placement of adoptive children by Commissioner of Children and Families or child-placing agency.
Status: in_force

(b) The Commissioner of Children and Families or the child-placing agency, in determining placement for each child, shall focus on the particular needs of the child and the capacity of the prospective adoptive parent to meet such needs. Whenever possible, siblings should be placed with the same prospective adoptive parent unless it is determined not to be in the best interests of a sibling.

(c) The Commissioner of Children and Families shall not discriminate in preparing a home study or in placing a child with a prospective adoptive parent based on whether the prospective parent is or is not willing to become a foster parent pending an adoption placement.
Conn. Gen. Stat. § 45a-616 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-616
Sec. 45a-616. (Formerly Sec. 45-45). Appointment of guardian or coguardians for minor. Rights and obligations of guardians or coguardians.
Status: in_force

(b) If any minor has a parent or guardian, who is the sole guardian of the person of the child, the Probate Court for the district in which the minor resides, is domiciled or is located at the time of the filing of the petition may, on the petition of the parent or guardian of such child or of the Commissioner of Children and Families with the consent of such parent or guardian and with regard to a child within the care of the commissioner, appoint one or more persons to serve as coguardians of the child. When appointing a guardian or guardians under this subsection, the court shall take into consideration the standards provided in section 45a-617 . The court may order that the appointment of a guardian or guardians under this subsection take effect immediately or, upon request of the parent or guardian, upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of that parent or guardian. Upon the occurrence of such contingency and notice thereof by written affidavit to the court by the appointed guardian or guardians, such appointment shall then take effect and continue until the further order of the court, provided the court may hold a hearing to verify the occurrence of such contingency. The court shall take of such guardian or coguardians a written acceptance of guardianship, and if the court deems it necessary for the protection of the minor, a probate bond.

(c) Upon receipt of a petition pursuant to this section, the court shall set a time and place for a hearing to be held within thirty days of the application, unless the court requests an investigation in accordance with the provisions of section 45a-619 , in which case the court shall set a day for hearing not more than thirty days following receipt of the results of the investigation. The court shall order notice of the hearing to be given to the minor, if age twelve or older, by first class mail not less than ten days prior to the date of the hearing. In addition, notice by first class mail shall be given to the petitioner and all other parties in interest known by the court.

(d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor. The rights and obligations of guardianship may be exercised independently by those who have such rights and obligations. In the event of a dispute between guardians or between a coguardian and a parent, the matter may be submitted to the Probate Court which appointed the guardian or coguardian.

(e) Upon the death of the parent or guardian, any appointed guardians of the person of a minor child shall become the sole guardians or coguardians of the person of that minor child.

(f) Notwithstanding the provisions of section 45a-604 , for purposes of this section and section 45a-106a , “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n .

Annotations to former section 45-45:

Guardian of the person is entitled to custody of his ward. 158 C. 217. Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.

Probate Court has primary jurisdiction and Superior Court cannot appoint guardians of minors. 13 CS 364. Only when both parents or the sole living parent is removed as guardian may the court appoint a third person as guardian of a minor child. 15 CS 103.

Annotations to present section:

Cited. 237 C. 233.

Cited. 24 CA 402.

Cited. 44 CS 169. Statute does not vest exclusive jurisdiction over plaintiff's petition for visitation brought under Sec. 46b-59 in either Probate Court or Superior Court. 46 CS 165.
Conn. Gen. Stat. § 45a-624b — Connecticut Code / Title 45a / Chapter 802h / Section 45a-624b
Sec. 45a-624b. Form for designation of standby guardian.
Status: in_force

I .... (insert name of principal) do hereby appoint .... (insert name and address of the standby guardian) as the standby guardian of .... (insert names of minor children) to take effect upon the occurrence of the following contingency or contingencies .... (insert specific contingency or contingencies).

This designation is made after careful reflection, while I am of sound mind.
Conn. Gen. Stat. § 45a-485 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-485
Sec. 45a-485. Superior Court or Probate Court jurisdiction to reform instrument to ensure allowance of marital deduction.
Status: in_force

(b) The Superior Court or the Probate Court are empowered to reform any such will, trust agreement or other governing instrument described in subsection (a) of this section to the extent necessary to ensure the allowance of the marital deduction described in said subsection.

(c) Any reformation of any will, trust agreement or other governing instrument in accordance with the provisions of this section shall be effective whether or not a disclaimer has been filed within the period specified in sections 45a-578 to 45a-585 , inclusive.

(d) This section shall be applicable to any action commenced to reform any such will, trust agreement or other governing instrument created by a decedent dying on or after November 10, 1988.
Conn. Gen. Stat. § 45a-707 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-707
Sec. 45a-707. (Formerly Sec. 45-61b). Definitions.
Status: in_force

(1) “Adoption” means the establishment by court order of the legal relationship of parent and child;

(2) “Child care facility” means a congregate residential setting for the out-of-home placement of children or youths under eighteen years of age, licensed by the Department of Children and Families;

(3) “Child-placing agency” means any agency within or without the state of Connecticut licensed or approved by the Commissioner of Children and Families in accordance with sections 17a-149 and 17a-151 , and in accordance with standards established by regulations of the Commissioner of Children and Families;

(4) “Guardianship” means guardianship, unless otherwise specified, of the person of a minor and refers to the obligation of care and control, the right to custody and the duty and authority to make major decisions affecting the minor's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment;

(5) “Parent” has the same meaning as provided in section 46b-451 ;

(6) “Relative” means any person descended from a common ancestor, whether by blood or adoption, not more than three generations removed from the child;

(7) “Statutory parent” means the Commissioner of Children and Families or the child-placing agency appointed by the court for the purpose of the adoption of a minor child or minor children;

(8) “Termination of parental rights” means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents so that the child is free for adoption except it shall not affect the right of inheritance of the child or the religious affiliation of the child.

Annotations to former section 45-61b:

Cited. 177 C. 648; 181 C. 638; 182 C. 545; 183 C. 11; 194 C. 252; 196 C. 18. Public policy reflected in this section and Secs. 45-63 and 45-64a does not forbid agreement about visitation rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407. Cited. 210 C. 157; 214 C. 560; 215 C. 31; 217 C. 459; 224 C. 263.

Cited. 1 CA 463; 2 CA 705; 8 CA 92; 19 CA 371; 24 CA 338; 29 CA 112.

Annotations to present section:

Cited 217 C. 459; 223 C. 492; 224 C. 263; 234 C. 194.

Cited. 33 CA 12; 40 CA 675.

Cited. 43 CS 108; 45 CS 33.
Conn. Gen. Stat. § 45a-95 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-95
Sec. 45a-95. Compensation of probate judges on and after January 5, 2011: Definitions.
Status: in_force

(1) “Band 1 probate district” means a probate district that has a population of less than forty thousand, except a probate district that has a population of less than forty thousand with an annual weighted-workload of at least three thousand, but less than four thousand one hundred, which constitutes a band 2 probate district.

(2) “Band 2 probate district” means a probate district that has a population of at least forty thousand but less than fifty thousand, except that a probate district with less than forty thousand with an annual weighted-workload of at least three thousand, but less than four thousand one hundred, shall be a band 2 probate district.

(3) “Band 3 probate district” means a probate district that has a population of at least fifty thousand but less than sixty thousand, except that a probate district with less than fifty thousand with an annual weighted-workload of at least four thousand one hundred, but less than four thousand nine hundred, shall be a band 3 probate district.

(4) “Band 4 probate district” means a probate district that has a population of sixty thousand or more, except that a probate district with less than sixty thousand with an annual weighted-workload of at least four thousand nine hundred, shall be a band 4 probate district.

(5) “Population” means the annual population estimate by the Department of Public Health for each city or town as of October first of the immediately preceding calendar year.

(6) “Annual weighted-workload” means the annual weighted-workload for the immediately preceding fiscal year as defined in regulations issued by the Probate Court Administrator pursuant to subsection (b) of section 45a-77 .
Conn. Gen. Stat. § 45a-8b — Connecticut Code / Title 45a / Chapter 801 / Section 45a-8b
Sec. 45a-8b. Extended family guardianship and assisted care pilot program. Regulations.
Status: in_force

(b) The Probate Court Administrator shall adopt regulations, in accordance with subsection (d) of section 45a-77 , to implement the provisions of this section. The regulations shall establish the criteria for (1) becoming a guardian or an assisted care provider under the program, (2) the awarding of grants pursuant to subsection (a) of this section, (3) the provision of services pursuant to subsection (a) of this section, and (4) obtaining and paying for studies from private child-placing agencies in connection with guardianship proceedings.
Conn. Gen. Stat. § 45a-716 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-716
Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. Attorney General as party.
Status: in_force

(b) The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The minor child, if age twelve or older; (2) the parent or parents of the minor child, including any parent who has been removed as guardian; (3) the alleged genetic parent of any minor child born to parents not married to each other, provided at the time of the filing of the petition (A) the alleged genetic parent has been adjudicated the parent of such child by a court of competent jurisdiction, (B) the alleged genetic parent has acknowledged in writing that the alleged genetic parent is the parent of such child, (C) the alleged genetic parent has contributed regularly to the support of such child, (D) the name of the alleged genetic parent appears on the birth certificate, (E) the alleged genetic parent has filed a claim for parentage as provided under section 46b-571 , or (F) the alleged genetic parent has been named in the petition as the parent of the child by the parent who gave birth; (4) the guardian or any other person whom the court deems appropriate; (5) the Commissioner of Children and Families; and (6) the Attorney General. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231 . If the recipient of the notice is a person described in subdivision (2) or (3) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel shall be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, except that in the case of a Probate Court matter, 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.

(c) Except as provided in subsection (d) of this section, notice of the hearing and a copy of the petition, certified by the petitioner, the petitioner's agent or attorney, or the clerk of the court, shall be served not less than ten days before the date of the hearing by personal service or service at the person's usual place of abode on the persons enumerated in subsection (b) of this section who are within the state, and by first class mail on the Commissioner of Children and Families and the Attorney General. If the address of any person entitled to personal service or service at the person's usual place of abode is unknown, or if personal service or service at the person's usual place of abode cannot be reasonably effected within the state, or if any person enumerated in subsection (b) of this section is out of the state, a judge or the clerk of the court shall order notice to be given by registered or certified mail, return receipt requested, or by publication not less than ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without this state, or, if no such address is known, in the place where the petition has been filed.

(d) In any proceeding pending in the Probate Court, in lieu of personal service on, or at the usual place of abode of, an alleged genetic parent of a child born to parents not married to each other who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail not less than ten days before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section.

Annotations to former section 45-61d:

Cited. 175 C. 527; 182 C. 545; 187 C. 431; 188 C. 259.

Cited. 22 CA 656. Improper to commence termination proceeding in absence of respondent and his counsel. 23 CA 207.

Cited. 36 CS 94; 41 CS 23.

Annotations to present section:

Cited. 224 C. 263; 234 C. 194.

In action for the termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child's best interest for respondent's parental rights to be terminated. 111 CA 210.

Subsec. (b):

Subdiv. (1): Although provision supports father's argument that he was a legally necessary party with right of confrontation, it does not require that the court or petitioner repeatedly attempt to locate a properly served, nonappearing, defaulted respondent throughout a hearing nor require that a new trial be ordered when a nonappearing, defaulted respondent is incarcerated after the beginning of a hearing, makes no attempt to contact the court and is later located by petitioner. 117 CA 521.

Subsec. (c):

Constructive notice by publication in Miami newspaper that had the widest circulation in Florida was not inadequate notice; respondent failed to show that publication in an Orlando area newspaper, where two calculated notification efforts had failed, would have provided him with notice of the termination proceedings. 159 CA 513.
Conn. Gen. Stat. § 45a-309 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-309
Sec. 45a-309. (Formerly Sec. 45-195a). Finding of domicile.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, any such finding of domicile shall be subject to a subsequent determination of domicile in accordance with the provisions of chapter 217.

See Sec. 45a-186 re appeal procedure.
Conn. Gen. Stat. § 45a-143 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-143
Sec. 45a-143. (Formerly Sec. 45-36). Examination of estate. Removal of principal.
Status: in_force

(b) If the principal refuses to obey such order or if, upon his obeying it, the court finds that the estate is not being properly managed by him, it shall remove him and appoint another in his place.

See Sec. 45a-242 re removal and replacement of fiduciaries.
Conn. Gen. Stat. § 45a-604 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-604
Sec. 45a-604. (Formerly Sec. 45-42a). Definitions.
Status: in_force

(1) “Mother” means a woman who is a parent as defined in section 46b-451 ;

(2) “Father” means a man who is a parent as defined in section 46b-451 ;

(3) “Parent” has the same meaning as provided in section 46b-451 ;

(4) “Minor” or “minor child” means a person under the age of eighteen;

(5) “Guardianship” means guardianship of the person of a minor, and includes: (A) The obligation of care and control; (B) the authority to make major decisions affecting the minor's education and welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment; and (C) upon the death of the minor, the authority to make decisions concerning funeral arrangements and the disposition of the body of the minor;

(6) “Guardian” means a person who has the authority and obligations of “guardianship”, as defined in subdivision (5) of this section;

(7) “Termination of parental rights” means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents so that the child is free for adoption, except that it shall not affect the right of inheritance of the child or the religious affiliation of the child;

(8) “Permanent guardianship” means a guardianship, as defined in subdivision (5) of this section, that is intended to endure until the minor reaches the age of majority without termination of the parental rights of the minor's parents; and

(9) “Permanent guardian” means a person who has the authority and obligations of a permanent guardianship, as defined in subdivision (8) of this section.

Annotations to former section 45-42a:

Cited. 193 C. 393.

Cited. 6 CA 707.

Annotations to present section:

Cited. 231 C. 1.

Taken together, under Subdiv. (5) and Secs. 45a-605(a) and 45a-606, authority to make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.

Cited. 44 CS 169.
Conn. Gen. Stat. § 45a-474 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-474
Sec. 45a-474. (Formerly Sec. 45-84). Vacancies in office of trustee.
Status: in_force

See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.

Annotations to former section 45-84:

Testator impliedly has power to provide manner of filling vacancies. 54 C. 325; 69 C. 708; 84 C. 499. Power to appoint trustees concurrent with Superior Court. 60 C. 325; 92 C. 473. Does not extend to trust involving personal discretion. 82 C. 198; 83 C. 654. Successor cannot exercise purely discretionary powers given to original trustee. 90 C. 461. Legal incapacity of corporation to accept fund for charitable purposes requires appointment of trustee. Id., 592. Refusal of trustee to act requires appointment of another. 67 C. 237; 71 C. 122; 74 C. 599. If validity of trust is doubtful, Probate Court should appoint. 77 C. 705. Trustee who has been superseded by another is not a proper party to action de fund. 91 C. 446. Trust will not be allowed to fail for want of a trustee. 106 C. 623. Cited. 132 C. 104; 140 C. 124.
Conn. Gen. Stat. § 45a-459 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-459
Sec. 45a-459. (Formerly Sec. 45-298b). Application of chapter.
Status: in_force

(1) All personal property, wherever situated: (A) Which was acquired as, or became and remained, community property under the laws of another jurisdiction; or (B) all or the proportionate part of that property acquired with the rents, issues or income of, or the proceeds from or in exchange for, that community property; or (C) traceable to that community property;

(2) All or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, or the proceeds from or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction, or property traceable to that community property.
Conn. Gen. Stat. § 45a-671 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-671
Sec. 45a-671. (Formerly Sec. 45-323). Hearing on petition for guardianship. Notice.
Status: in_force

(b) The court shall direct notice by first class mail to the following: (1) The petitioner; (2) the parents of the respondent; (3) the spouse of the respondent; (4) children of the respondent; (5) the siblings of the respondent or their representatives, if the respondent has no living parents; and (6) the person in charge of the hospital, nursing home, residential facility or other institution in which the respondent may reside.

(c) The court in its discretion may order such notice as it directs to other persons having an interest in the respondent.

Annotation to former section 45-323:

Cited. 9 CA 413.

Annotation to present section:

Cited. 230 C. 828.
Conn. Gen. Stat. § 45a-706a — Connecticut Code / Title 45a / Chapter 803 / Section 45a-706a
Sec. 45a-706a. Connecticut Indian Child Welfare Act. Application to actions and proceedings involving an Indian child.
Status: in_force

(b) In any action or proceeding under this chapter involving an Indian child's custody, including preadoptive placement, adoptive placement or termination of the parental rights of the parents of such child, the Probate Court, or the Superior Court in cases transferred pursuant to section 45a-715 , shall ensure that such action or proceeding is conducted in accordance with sections 46b-116 to 46b-116aa , inclusive.
Conn. Gen. Stat. § 45a-499ff — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ff
Sec. 45a-499ff. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
Status: in_force

(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust as directed by the court.

(d) In this section, “circumstances not anticipated by the settlor” does not include a change in the corporate identity of a trustee.

(e) Notwithstanding the provisions of this section, the court may not terminate an irrevocable trust established pursuant to 42 USC 1396p(d)(4)(A) or (C), as amended from time to time. The court may modify the terms of such a trust to ensure compliance with the requirements of federal law or to modify any individual's contingent beneficial interest that is available only after repayment to this state or another state for (1) medical assistance provided; and (2) all claims for which this state would have claims against the estate of the deceased beneficiary that have not previously been paid or reimbursed.
Conn. Gen. Stat. § 45a-499yyy — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499yyy
Sec. 45a-499yyy. Protection of person dealing with trustee.
Status: in_force

(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(c) A person who in good faith delivers assets to a trustee need not ensure the proper application of such assets.

(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.

(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
Conn. Gen. Stat. § 45a-499t — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499t
Sec. 45a-499t. Appointment of representative.
Status: in_force

(b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive, whether or not a judicial proceeding concerning the trust is pending.

(c) In making decisions in any matter, a guardian ad litem may consider the general benefit accruing to the living members of the individual's family.
Conn. Gen. Stat. § 45a-334 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334
Sec. 45a-334. (Formerly Sec. 45-258). Lien of remainderman for repairs and improvements upon real property.
Status: in_force

Annotation to former section 45-258:

Has no retroactive effect. 42 C. 211.
Conn. Gen. Stat. § 45a-542k — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542k
Sec. 45a-542k. Business and other activities conducted by trustee.
Status: in_force

(b) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.

(c) Activities for which a trustee may maintain separate accounting records include:

(1) Retail, manufacturing, service and other traditional business activities;

(2) Farming;

(3) Raising and selling livestock and other animals;

(4) Management of rental properties;

(5) Extraction of minerals and other natural resources;

(6) Timber operations; and

(7) Activities to which section 45a-452v applies.
Conn. Gen. Stat. § 45a-646 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-646
Sec. 45a-646. (Formerly Sec. 45-70e). Petition for voluntary representation.
Status: in_force

A person who is subject to a voluntary conservatorship pursuant to statute does not retain legal authority to jointly manage his or her estate as to those matters assigned to the conservator, but rather the conservator has exclusive control over such matters subject to any statutory restrictions or requirements. 341 C. 815.
Conn. Gen. Stat. § 45a-545o — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545o
Sec. 45a-545o. Trust limitation on decanting.
Status: in_force

(b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of: (1) The decanting power; or (2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.

(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.

(d) Subject to subsections (a) and (b) of this section, an authorized fiduciary may exercise the decanting power under sections 45a-545a to 45a-545cc , inclusive, even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.

(e) If a first-trust instrument contains an express prohibition described in subsection (a) of this section or an express restriction described in subsection (b) of this section, the provision shall be included in the second-trust instrument.
Conn. Gen. Stat. § 45a-286 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-286
Sec. 45a-286. (Formerly Sec. 45-167). Hearing required before proving or rejecting a will. Notice.
Status: in_force

See Sec. 12-358 re reports to Revenue Services Commissioner by clerks of probate courts and re certified copies of wills and papers.

See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.

Annotations to former section 45-167:

Issuance of order of notice alone not a taking of jurisdiction which will justify writ of prohibition. 86 C. 354. Notice where administration applied for on ground of 7 years' absence. 88 C. 425. What is a proper notice. 96 C. 323. Legal notice is sufficient; actual notice not necessary. 107 C. 284. “Known” means known to the Probate Court. 129 C. 309. Cited. 152 C. 530. Appeal period deemed 30 days following written waiver of notice. 162 C. 36. Cited. 169 C. 382; 178 C. 189; 185 C. 25.

“Interested person” must have pecuniary interest. 9 CS 21. “Known” means known to Probate Court; notice by registered mail to those parties known by it to be interested is all the personal notice the court is authorized to give. 19 CS 104. Cited. 22 CS 233.
Conn. Gen. Stat. § 45a-371 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-371
Sec. 45a-371. (Formerly Sec. 45-230t). Liability of beneficiary-fiduciary.
Status: in_force

(b) A beneficiary-fiduciary shall not be chargeable for any assets that such beneficiary-fiduciary may have paid or distributed in good faith before a claim is presented to such beneficiary-fiduciary. A payment or distribution of assets by a beneficiary-fiduciary shall be in good faith unless the creditor can prove that the beneficiary-fiduciary had actual knowledge of such claim at the time of such payment or distribution.

(c) A transferee of assets from a beneficiary-fiduciary who has not furnished adequate and full consideration in money or moneys worth to the beneficiary-fiduciary for such assets shall be liable to the extent of the value of such assets so received in the same manner and to the same extent as if such transferee were the original beneficiary. For the purposes of this subsection, the term “transferee” means the person to whom or for whose benefit the beneficiary-fiduciary has paid or distributed such assets.
Conn. Gen. Stat. § 45a-499l — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499l
Sec. 45a-499l. Insurable interest of trustee.
Status: in_force

(1) The insured is: (A) A settlor of the trust; or (B) an individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and

(2) The life insurance proceeds are primarily for the benefit of one or more trust beneficiaries who have: (A) An insurable interest in the life of the insured; or (B) a substantial interest engendered by love and affection in the continuation of the life of the insured and, if not already included under subdivision (1) of this section, who are: (i) Related within the third degree or closer, as measured by the law of this state for determining degrees of relation, either by blood or law, to the insured; or (ii) stepchildren of the insured.
Conn. Gen. Stat. § 45a-320 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-320
Sec. 45a-320. (Formerly Sec. 45-250). Allowance for support of surviving spouse and family. Family car.
Status: in_force

(b) In making such allowance the court may in its discretion include in its decree ordering such allowance any one or more of the following provisions, to the extent they are not mutually inconsistent: (1) A provision that such allowance shall run (A) for the entire period the estate is in settlement, or (B) for a fixed period of time not to exceed the period of settlement, in which case such allowance shall be subject to renewal by the court in its discretion; (2) a provision that such allowance is to be paid in a lump sum; (3) a provision that such an allowance made for a surviving spouse shall vest in such spouse retroactively as of the moment of death of his spouse so that it will be a fixed sum certain as of said date of death and shall not terminate with the subsequent death or remarriage of the surviving spouse, such allowance to be the absolute property of the surviving spouse, or, if deceased, of the estate of such surviving spouse, without restriction as to use, encumbrance or disposition and for the purpose of this section, the right to seek such a vested allowance shall be a vested right as of the date of death of the deceased spouse, and (4) a provision that such allowance shall be charged ultimately in whole or in part against any right the surviving spouse or other family member for whom an allowance is ordered may have to the income of the estate earned during the period of settlement.

(c) The court may also allow for the use during the settlement of the estate by such surviving spouse or family of any motor vehicle maintained by the decedent during his lifetime as a family car.

Annotations to former section 45-250:

Wherever adequate provision for support is otherwise made, allowance not to be granted. 19 C. 418. Allowance cannot be attached in hands of administrator. 55 C. 118. Wife may by antenuptial contract debar herself from right to allowance. 66 C. 135. Order for allowance construed. 69 C. 694. Antenuptial agreement construed as relinquishment of this right. 74 C. 26. Former statute did not permit allowance to husband from estate of wife. 91 C. 76. Abandonment as defeating right to allowance for support. 107 C. 106. Expenditures held not to come within scope of statute. Id., 541. Cited. 130 C. 60. Award not contrary to statute. 139 C. 652. Discretion rests in Probate Court as to amount of allowance and on appeal such an award cannot be changed except for an abuse of such discretion; “necessary” does not restrict the allowance to bare subsistence. 147 C. 656. The marriage of a woman to her uncle in Italy, though valid there, not valid in this state and therefore she cannot qualify as a “surviving spouse” within the meaning of section. 148 C. 288. Cited. 184 C. 602.

Probate Court may make an allowance for support of widower, notwithstanding his election to take a statutory share in his wife's estate; history of section reviewed. 20 CS 87.
Conn. Gen. Stat. § 45a-364 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-364
Sec. 45a-364. (Formerly Sec. 45-230m). Hearing on rejected claims by Probate Court. Referral of claim to probate magistrate or attorney probate referee for hearing.
Status: in_force

(b) If the application to receive and decide such claim by the court or for the referral of such claim to a probate magistrate or attorney probate referee is denied, the claimant shall commence suit within one hundred twenty days from and including the date of the denial of the claimant's application or be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate.

(c) If the Probate Court refers the claim to a probate magistrate or attorney probate referee, the provisions of section 45a-123 shall govern the proceedings.

Cited. 42 CA 59.
Conn. Gen. Stat. § 45a-430 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-430
Sec. 45a-430. (Formerly Sec. 45-271f). When distributees to give security for contingent or future debts.
Status: in_force

Annotations to former section 45-281:

Bond given under section does not discharge lien on real estate for debts of decedent. 6 C. 268. Liability of distributees to refund to pay debts subsequently arising. 83 C. 75; 86 C. 470.
Conn. Gen. Stat. § 45a-648 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-648
Sec. 45a-648. (Formerly Sec. 45-70b). Application for involuntary representation of resident or nondomiciliary. Fraudulent or malicious application or false testimony: Class D felony.
Status: in_force

(b) An application for involuntary representation for a nondomiciliary of the state shall be made pursuant to the provisions of sections 45a-667g to 45a-667o , inclusive.

(c) An application for involuntary representation may be filed by the parent or guardian of a minor child up to forty-five days prior to the date such child attains eighteen years of age if the parent or guardian anticipates that such minor child will require a conservator upon attaining eighteen years of age. The hearing on such application shall be held not more than thirty days prior to the date such child attains eighteen years of age. The court may grant such application, provided such order shall take effect no earlier than the date the child attains eighteen years of age.

(d) A person is guilty of fraudulent or malicious application or false testimony when such person (1) wilfully files a fraudulent or malicious application for involuntary representation or appointment of a temporary conservator, (2) conspires with another person to file or cause to be filed such an application, or (3) wilfully testifies either in court or by report to the court falsely to the incapacity of any person in any proceeding provided for in sections 45a-644 to 45a-663 , inclusive. Fraudulent or malicious application or false testimony is a class D felony.

See Sec. 45a-132a re respondent's ability to refuse to undergo examination ordered by the court under said section.

Cited. 37 CA 137.
Conn. Gen. Stat. § 45a-542h — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542h
Sec. 45a-542h. Apportionment when income interest ends.
Status: in_force

(b) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five per cent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

(c) When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements.
Conn. Gen. Stat. § 45a-81 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-81
Sec. 45a-81. (Formerly Sec. 45-4b). Assistants and clerical help for Probate Court Administrator.
Status: in_force

(b) Any such assistants who are attorneys-at-law shall be admitted to the practice of law in this state and shall not engage, directly or indirectly, in the practice of law before any court of probate.

(c) The assistants and clerical help so appointed may be employed by the Probate Court Administrator as employees of the Judicial Department.

(d) The Judicial Department shall, on notice from the Probate Court Administrator, include the assistants and clerical help on the payroll of the Judicial Department. On presentation of vouchers by the Judicial Department to the Probate Court Administrator, the Probate Court Administrator shall reimburse the Judicial Department, from the fund established under section 45a-82 , for the salary and benefits paid by the Judicial Department to or for the assistants and clerical help included on the Judicial Department payroll.

(e) The assistants and clerical help shall be members of the state employees retirement system and, on presentation of vouchers by the chief of the Retirement Division to the Probate Court Administrator, the administrator shall reimburse the State Employees Retirement Fund from the fund established under section 45a-82 for retirement benefits paid to the assistants and clerical help which exceed the contribution to the State Employees Retirement Fund by the assistants and clerical help.
Conn. Gen. Stat. § 45a-754 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-754
Sec. 45a-754. (Formerly Sec. 45-68m). Records related to termination of parental rights, removal of parent as guardian, appointment of statutory parent, adoption matters, temporary guardianship and emancipation of minors. Confidentiality. Exceptions.
Status: in_force

(b) Access to adoption records shall be in accordance with sections 45a-743 to 45a-753 , inclusive. The records may also be disclosed upon order of the judge of probate to a petitioner who requires such information for the health or medical treatment of any adopted person. If such information is so required and is not within the records, the biological parent or parents or blood relatives may be contacted in accordance with the procedures in section 45a-753 .

Annotation to former section 45-68m:

Cited. 138 C. 599.

Annotation to present section:

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-568 — Connecticut Code / Title 45a / Chapter 802f / Section 45a-568
Sec. 45a-568. (Formerly Sec. 45-120). Power of appointment may be released; definitions.
Status: in_force

(b) A power of appointment, whether or not coupled with an interest, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power.

Annotation to former section 45-120:

Cited. 152 C. 666.
Conn. Gen. Stat. § 45a-622 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-622
Sec. 45a-622. (Formerly Sec. 45-45g). Appointment of temporary guardian. Application. Rights and obligations.
Status: in_force

(b) The rights and obligations of the temporary guardian shall be those described in subdivisions (5) and (6) of section 45a-604 . A temporary guardian is not liable as a guardian pursuant to section 52-572 .

Annotation to former section 45-45g:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-144 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-144
Sec. 45a-144. (Formerly Sec. 45-40). Action on probate bond by aggrieved person.
Status: in_force

(b) If an application is made or an action is brought by one not acting as a representative of the estate and the judge concludes that the action ought to be prosecuted, or the proceeding ought to be maintained, on behalf of all persons interested in the estate in connection with which the bond was given, the judge may order that the action shall be brought, or the proceeding shall be maintained, on behalf of all such persons; but, in that event, such persons need not be named in the writ, complaint or application.

(c) The judge shall require that the applicant or the person bringing the action give a bond, with sufficient surety, in an amount acceptable to the judge, in the nature of a probate bond. The bond shall be conditioned upon the applicant's or plaintiff's well and truly accounting for any moneys recovered in the action or proceeding and for his doings in connection with the action or proceeding and with the securing of payment of any moneys adjudged to be due. The bond shall be filed, with the endorsement of its acceptance, in the court of probate in which the estate is in settlement. If the application is made or the action is brought by a representative of the estate and the judge deems the bond already given by him sufficient to cover any amount which may be recovered in the action or proceeding, no additional bond need be required.

(d) The plaintiff in any action brought by him, or the applicant in any proceeding commenced by him, as representative of the estate or on his behalf and that of all persons interested in it shall account for any moneys recovered to the court of probate in which the estate is in settlement. The court may allow to the applicant or plaintiff a reasonable sum for his disbursements and services in the action or proceeding and in any subsequent proceedings to enforce payment of any sum recovered, to be paid from the amount recovered or by the estate.

See Sec. 52-117 re actions on probate bonds.

Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under section 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 Secs. 45a-655(a) and 45a-656(a), as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff. 257 C. 531.

Subsec. (a):

Provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint of state licensed nursing home against defendant conservator for payment for services rendered stated legally sufficient cause of action. 257 C. 531.

Trial court improperly construed plaintiff's complaint under section as a negligence cause of action. 58 CA 1.
Conn. Gen. Stat. § 45a-499u — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499u
Sec. 45a-499u. Designated representative.
Status: in_force

(b) Except as otherwise provided in sections 45a-499a to 45a-500s , inclusive, a designated representative may not represent and bind a beneficiary while the person is serving as trustee.

(c) Except as otherwise provided in sections 45a-499a to 45a-500s , inclusive, a designated representative may not represent and bind another beneficiary if the person designated also is a beneficiary, unless:

(1) The person was named by the settlor; or

(2) The person is the beneficiary's spouse or a grandparent or descendant of a grandparent of the beneficiary or the beneficiary's spouse.

(d) A designated representative is not liable to the beneficiary whose interests are represented, or to anyone claiming through that beneficiary, for any actions or omissions to act made in good faith.
Conn. Gen. Stat. § 45a-499lll — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499lll
Sec. 45a-499lll. Discretionary powers; tax savings.
Status: in_force

(b) Subject to subsection (d) of this section, and unless the terms of the trust expressly indicate that a provision in this subsection does not apply:

(1) A person, other than a settlor, who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit, may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time; and

(2) A trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

(c) A power to make discretionary distributions, the exercise of which is limited or prohibited by subsection (b) of this section, may be exercised by a majority of the remaining trustees whose exercise of such power is not so limited or prohibited. If the exercise of the power by all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.

(d) Subsection (b) of this section does not apply to: (1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as described in Section 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, was previously allowed; (2) a trust during any period that the trust may be revoked or amended by its settlor; or (3) a trust, if contributions to the trust qualify for the annual exclusion under Section 2503(c) of said Internal Revenue Code.
Conn. Gen. Stat. § 45a-545g — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545g
Sec. 45a-545g. Notice; exercise of decanting power.
Status: in_force

(b) Except as provided in subsection (d) of this section, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than sixty days before the exercise to: (1) Each settlor of the first trust, if living or then in existence; (2) each qualified beneficiary of the first trust; (3) each holder of a presently exercisable power of appointment over any part or all of the first trust; (4) each person that currently has the right to remove or replace the authorized fiduciary; (5) each other fiduciary of the first trust; (6) each fiduciary of the second trust; (7) the Attorney General, if a first trust contains a determinable charitable interest, as defined in section 45a-545n ; and (8) the Attorney General and the Department of Social Services if a first trust is a trust established pursuant to and in compliance with 42 USC 1396p(d)(4)(A) or (C).

(c) A notice under subsection (b) of this section shall: (1) Specify the manner in which the authorized fiduciary intends to exercise the decanting power; (2) specify the proposed effective date for exercise of the power; (3) include a copy of the first-trust instrument; and (4) include a copy of all second-trust instruments.

(d) The decanting power may be exercised before the expiration of the period of sixty days from the giving of notice under subsection (b) of this section if all persons entitled to receive notice waive the period in a signed record.

(e) The receipt of notice, waiver of the notice period or expiration of the notice period does not affect the right of a person to file a petition under section 45a-545i asserting that: (1) An attempted exercise of the decanting power is ineffective because it did not comply with sections 45a-545a to 45a-545cc , inclusive, or was an abuse of discretion or breach of fiduciary duty; or (2) section 45a-545v applies to the exercise of the decanting power.

(f) An exercise of the decanting power shall not be ineffective because of the failure to give notice to one or more persons under subsection (b) of this section if the authorized fiduciary provided notice in accordance with section 45a-499i . Notwithstanding the provisions of this subsection, in the case of provision of notice to the Attorney General under subdivision (7) or (8) of subsection (b) of this section, the exercise of decanting power shall not be effective unless the authorized fiduciary has a confirmed electronic mail delivery notification or certified mail receipt indicating that delivery was made to the Attorney General.
Conn. Gen. Stat. § 45a-334p — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334p
Sec. 45a-334p. Fiduciary duty and authority.
Status: in_force

(1) The duty of care;

(2) The duty of loyalty; and

(3) The duty of confidentiality.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(1) Except as otherwise provided in section 45a-334e , is subject to the applicable terms-of-service agreement;

(2) Is subject to other applicable law, including copyright law;

(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

(4) May not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, conserved person, principal or settlor has the right to access any digital asset in which the decedent, conserved person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, conserved person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251 .

(e) A fiduciary with authority over the tangible, personal property of a decedent, conserved person, principal or settlor:

(1) Has the right to access the property and any digital asset stored in it; and

(2) Is an authorized user for the purpose of computerfraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251 .

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:

(1) A certified copy of the death certificate of the user if the user is deceased;

(2) A certified copy of any one or more of the following that gives the fiduciary authority over the account:

(A) A certificate of appointment as executor;

(B) A certificate of appointment as conservator;

(C) A power of attorney; or

(D) A trust; and

(3) If requested by the custodian:

(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) Evidence linking the account to the user; or

(C) A finding by a court that the user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision.
Conn. Gen. Stat. § 45a-733 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-733
Sec. 45a-733. (Formerly Sec. 45-63a). Procedure on application for adoption by stepparent or person who shares parental responsibility with the parent of a child.
Status: in_force

(b) At the hearing the court may deny the application, enter a final decree approving the adoption if it is satisfied that the adoption is in the best interests of the child, or, for good cause shown, order an investigation by the Commissioner of Children and Families or a child-placing agency.

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-545d — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545d
Sec. 45a-545d. Fiduciary duty.
Status: in_force

(b) Sections 45a-545a to 45a-545cc , inclusive, do not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of the provisions of the Connecticut Uniform Trust Decanting Act.

(c) Except as provided in a first-trust instrument, for purposes of sections 45a-545a to 45a-545cc , inclusive, 45a-499aaa and subsection (a) of section 45a-499bbb , the terms of the first trust are deemed to include the decanting power.
Conn. Gen. Stat. § 45a-177 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-177
Sec. 45a-177. (Formerly Sec. 45-268). Periodic rendering of accounts; hearing. Exceptions.
Status: in_force

(b) If the estate held by any person in any such fiduciary capacity is less than two thousand dollars, or, in the case of a corporate fiduciary under the supervision of the Banking Commissioner or any other fiduciary bonded by a surety company authorized to do business in this state, ten thousand dollars, such fiduciary shall not be required to render such account unless so ordered by the court.

Annotations to former section 45-268:

Court has control of trust until approval of final account and trustee's return of distribution; final account precedes distribution; erroneous order of distribution by court does not justify trustee's refusal to file final account; final account means an account substantially up to date. 92 C. 292. History of statute; how far court has power to construe a trust. 93 C. 405. Objection to acceptance of final account is a proper method of raising question of right of trustee to account for property sold at inventory value instead of real value. 94 C. 373. Where there is a trust, there is no final distribution until trust is terminated and trust fund distributed. 98 C. 478. Implicit that final account must be filed. 121 C. 391. Decree of Probate Court, unappealed from, conclusive as to items within administration of estate. 126 C. 324. Cited. 131 C. 482. Statutory jurisdiction of Probate Court over ordinary annual accounts of testamentary trustees is at least concurrent with that of the Superior Court as a court of equity. 147 C. 482. Cited. 148 C. 361; 155 C. 115, 120; Id., 417.

Cited. 12 CS 95.

Annotations to present section:

Cited. 45 CA 490.

Cited. 42 CS 548; 45 CS 368.
Conn. Gen. Stat. § 45a-545i — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545i
Sec. 45a-545i. Court involvement.
Status: in_force

(b) Upon a petition by an authorized fiduciary, the court may approve: (1) An increase in the fiduciary's compensation under section 45a-545p ; or (2) a modification under section 45a-545r of a provision granting a person the right to remove or replace the fiduciary.

(c) With respect to a testamentary trust, to be effective, an exercise of the decanting power shall be approved in advance by the Probate Court upon petition by an authorized fiduciary.

(d) If the first trust in a proposed exercise of the decanting power contains a determinable charitable interest, as defined in section 45a-545n , an authorized fiduciary shall be barred from exercising the decanting power during the pendency of a petition under subsection (a) of this section, unless otherwise ordered by the court.
Conn. Gen. Stat. § 45a-545n — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545n
Sec. 45a-545n. Protection of charitable interest. Responsibilities of Attorney General.
Status: in_force

(1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and that is unconditional or will be held solely for charitable purposes.

(2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations thereunder, on the date of the distribution, if the charitable organization meets the requirement on the date of determination.

(b) If a first trust contains a determinable charitable interest, the Attorney General has the rights of a qualified beneficiary and may represent the public interest in charitable gifts in accordance with the authority granted to the Attorney General under section 3-125 .

(c) If a first trust contains a charitable interest, the second trust or trusts may not: (1) Diminish the charitable interest; (2) diminish the interest of an identified charitable organization that holds the charitable interest; (3) alter any charitable purpose stated in the first-trust instrument; or (4) alter any condition or restriction related to the charitable interest.

(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c) of this section.

(e) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subsection (c) of this section shall be administered under the law of this state unless: (1) The Attorney General, after receiving notice under section 45a-545g , fails to object in a signed record delivered to the authorized fiduciary within the notice period; (2) the Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or (3) the exercise of the decanting power was approved by the court in accordance with section 45a-545i .

(f) Sections 45a-545a to 45a-545cc , inclusive, do not limit the powers and duties of the Attorney General under the law of this state.
Conn. Gen. Stat. § 45a-368 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-368
Sec. 45a-368. (Formerly Sec. 45-230q). Liability of beneficiaries.
Status: in_force

(b) No liability may be imposed upon any such beneficiary under subsection (a) of this section, unless the plaintiff establishes to the court that the obligation to the plaintiff cannot be fully satisfied: (1) Because there are insufficient assets available for such purpose in the hands of the fiduciary; (2) by action against persons prior in liability to the beneficiary under subsections (a), (b) and (c) of section 45a-369 , because such persons are insolvent or for any other reason, other than not being amenable to suit in this state, cannot be made to answer for their liabilities; and (3) by the enforcement, under section 45a-266 , of any lien, security interest or other charge he holds against assets of the decedent specifically disposed of by will or passing to a distributee, or against the proceeds of any policy of insurance on the life of the decedent payable to a named beneficiary.
Conn. Gen. Stat. § 45a-542p — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542p
Sec. 45a-542p. Insubstantial allocations not required.
Status: in_force

(1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten per cent; or

(2) The value of the asset producing the receipt for which the allocation would be made is less than ten per cent of the total value of the trust's assets at the beginning of the accounting period.
Conn. Gen. Stat. § 45a-360 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-360
Sec. 45a-360. (Formerly Sec. 45-230i). Allowance or rejection of claims.
Status: in_force

(b) A notice rejecting a claim in whole or in part shall state the reasons therefor, but such statement shall not bar the raising of additional defenses to such claim subsequently.

(c) If the fiduciary fails to reject, allow or pay the claim within ninety days from the date that it was presented to the fiduciary as provided by section 45a-358 , the claimant may give notice to the fiduciary to act upon the claim as provided by subsection (a) of this section. If the fiduciary fails to reject, allow or pay the claim within thirty days from the date of such notice, the claim shall be deemed to have been rejected on the expiration of such thirty-day period.

Cited. 44 CS 477.
Conn. Gen. Stat. § 45a-624c — Connecticut Code / Title 45a / Chapter 802h / Section 45a-624c
Sec. 45a-624c. Written statement that designation of standby guardian in full force and effect.
Status: in_force

STATEMENT THAT DESIGNATION OF A STANDBY GUARDIAN IS IN FULL FORCE AND EFFECT
Conn. Gen. Stat. § 45a-209 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-209
Sec. 45a-209. Investments in securities of open-end or closed-end management investment companies or investment trusts.
Status: in_force

(b) The fact that the trustee or fiduciary, or an affiliate of the trustee or fiduciary, provides services to the investment company or investment trust, including services as an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager or otherwise, and is receiving compensation for such services, shall not preclude the trustee or fiduciary from investing or reinvesting in the securities of the investment company or investment trust, provided disclosure of the provision of such services and compensation is made annually to each current income beneficiary by mailing separate notices, which shall include prospectus, statement or letter, to the current income beneficiary's last-known address.
Conn. Gen. Stat. § 45a-545w — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545w
Sec. 45a-545w. Trust for care of animal.
Status: in_force

(1) “Animal trust” means a trust or an interest in a trust created to provide for the care of one or more animals.

(2) “Protector” means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.

(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under sections 45a-545a to 45a-545cc , inclusive, if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.

(c) A protector for an animal has the rights under sections 45a-545a to 45a-545cc , inclusive, of a qualified beneficiary.

(d) Notwithstanding the provisions of sections 45a-545a to 45a-545cc , inclusive, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
Conn. Gen. Stat. § 45a-613 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-613
Sec. 45a-613. (Formerly Sec. 45-45a). Removal of guardian, coguardian or permanent guardian of the person of a minor.
Status: in_force

(b) Any removal of a guardian, coguardian or permanent guardian under subsection (a) of this section shall be preceded by notice to the guardian, coguardians or permanent guardian, the parent or parents and the minor if over twelve years of age, as provided by section 45a-609 .

(c) If a new guardian, coguardian or permanent guardian is appointed, the court shall send a copy of that order to the parent or parents of the minor.

Annotation to former section 45-45a:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-667q — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667q
Sec. 45a-667q. Acceptance of conservatorship transferred from another state.
Status: in_force

(b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a conservator of the person or issuance of a conservator of the estate order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given under section 45a-649 .

(c) On the court's own motion or on request of the conservator of the person, the conservator of the estate, the conserved person or other person required to be notified of the proceeding, the court of probate shall hold a hearing on a petition filed pursuant to subsection (a) of this section.

(d) The court of probate shall issue a provisional order granting a petition filed under subsection (a) of this section unless:

(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the conserved person, including the reasonable and informed expressed preferences of the conserved person; or

(2) The conservator of the person or conservator of the estate is ineligible for appointment as a conservator of the person or conservator of the estate in this state.

(e) The court of probate shall issue a final order accepting the proceeding and appointing the conservator of the person as conservator of the person in this state or appointing the conservator of the estate as conservator of the estate in this state on its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to those in section 45a-667p transferring the proceeding to this state.

(f) Not later than thirty days before the issuance of a final order accepting the transfer of a conservatorship of the person or conservatorship of the estate to this state, the court of probate shall ensure that (1) the conserved person is represented by counsel in accordance with the provisions of section 45a-649a , and (2) such person receives notice of his or her rights under the laws of this state with respect to such transfer.

(g) Not later than ninety days after the issuance of a final order accepting transfer of a conservatorship of the person or conservatorship of the estate to this state, the court of probate shall determine whether the conservatorship of the person or conservatorship of the estate needs to be modified to conform to the laws of this state, and, if so, the court of probate shall order such modifications.

(h) In granting a petition under this section, the court of probate shall recognize a conservatorship of the person order or conservatorship of the estate order from the other state, including the determination of the conserved person's incapacity and the appointment of the conservator of the person or conservator of the estate.

(i) The denial by a court of probate of a petition to accept a conservatorship of the person or conservatorship of the estate transferred from another state does not affect the ability of the conservator of the person or conservator of the estate to seek involuntary representation under section 45a-648 if the court has jurisdiction to grant the involuntary representation other than by reason of the provisional order of transfer.

(j) The granting by a court of probate of a petition to accept a conservatorship of the person or conservatorship of the estate transferred from another state shall:

(1) Grant to the conserved person the same rights as if such person had originally had a conservator of the person or conservator of the estate appointed under part IV of this chapter, including, but not limited to, the right to review and termination of appointment of a conservator under section 45a-660 ; and

(2) Impose upon the conservator of the person or conservator of the estate the same responsibilities and duties imposed upon a conservator of the person or conservator of the estate under the laws of this state.
Conn. Gen. Stat. § 45a-521 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-521
Sec. 45a-521. Superior Court or Probate Court jurisdiction to reform charitable remainder unitrust re payment.
Status: in_force

(b) The Superior Court or the Probate Court are empowered to reform such trust only to the extent the court finds that such reformation is consistent with the original intent of the testator or donor.

(c) This section shall not be construed to effect a change in any dispositive provision of the trust as provided in section 45a-514 .
Conn. Gen. Stat. § 45a-605 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-605
Sec. 45a-605. (Formerly Sec. 45-42b). Provisions construed in best interest of minor child.
Status: in_force

(b) All proceedings held under said sections shall, in the best interests of the minor child, be held without unreasonable delay.

Annotations to former section 45-42b:

Statute is unambiguous declaration of legislative intent and an acknowledgment of standard to be used on issue of custody even where surviving biological parent claims entitlement to custody of minor child under Sec. 45-43. 193 C. 393.

Cited. 3 CA 194.

Annotations to present section:

Cited. 231 C. 1.

Cited. 24 CA 402. Trial court record supports best interests of the child standard. 47 CA 105. Taken together, under Subsec. (a) and Secs. 45a-604(5) and 45a-606, authority to make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.

Cited. 44 CS 169.
Conn. Gen. Stat. § 45a-193 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-193
Sec. 45a-193. (Formerly Sec. 45-295). Appellee to give bond in Superior Court.
Status: in_force

(b) If the appellee neglects to comply with the order of the court, the court may make any disposition of the case favorable to the appellant that it deems proper.

Annotation to former section 45-295:

Bond formerly taken to judge. 9 C. 389.
Conn. Gen. Stat. § 45a-594 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-594
Sec. 45a-594. (Formerly Sec. 45-60). Compensation of guardian or conservator of social services beneficiary or veteran.
Status: in_force

(b) Compensation payable to the conservator or guardian of any veteran or other beneficiary of the United States Department of Veterans Affairs for administering moneys paid by the United States through the department, or revenue or profit from any property wholly or partially acquired therewith, shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received during the period covered by the account. If extraordinary services are rendered by any conservator or guardian, the Court of Probate, upon petition and hearing, may authorize reasonable additional compensation. A copy of the petition and notice of hearing shall be given to the proper office of the United States Department of Veterans Affairs in the manner provided for hearing on other petitions or pleadings filed by such conservators or guardians. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.

Conserved person represented by an attorney may appeal from Probate Court decree approving conservator's compensation under Subsec. (a) without a guardian ad litem or next friend, upon a showing that it is in his or her best interests to do so. 276 C. 526; judgment reversed in part, see 304 C. 234.

Cited. 45 CA 490.
Conn. Gen. Stat. § 45a-649a — Connecticut Code / Title 45a / Chapter 802h / Section 45a-649a
Sec. 45a-649a. Right to an attorney re involuntary representation. Fees. Indigency. Attorney duties and access to information.
Status: in_force

(b) If the Court of Probate finds the respondent or conserved person is indigent or otherwise unable to pay for an attorney, the court shall appoint an attorney for the respondent or conserved person unless the respondent or conserved person refuses to be represented by an attorney and the court finds that the respondent or conserved person understands the nature of the refusal. The court shall appoint an attorney from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations issued under section 45a-77 .

(c) An attorney appointed pursuant to this section shall represent the respondent or conserved person in proceedings under sections 45a-644 to 45a-663 , inclusive, and shall consult with the conserved person regarding bringing an appeal to the Superior Court under section 45a-186 . Upon the request of the conserved person, the attorney for the conserved person shall assist in the filing and commencing of an appeal to the Superior Court. An attorney's assistance in filing such an appeal shall not obligate the attorney to appear in or prosecute the appeal. A conservator may not deny the conserved person access to the person's resources needed for an appeal.

(d) Nothing in this section shall impair, limit or diminish the right of a respondent or conserved person to replace the attorney for such respondent or conserved person with a different attorney whom such respondent or conserved person chooses in accordance with this section. Fees of an attorney chosen by the respondent or conserved person shall be approved by the Court of Probate or, if an appeal is taken, by the Superior Court.

(e) If the respondent or conserved person is indigent, an attorney appointed under this section shall be paid a reasonable rate of compensation. Rates of compensation for such appointed attorneys shall be established by the Office of the Probate Court Administrator. Such compensation shall be paid from funds appropriated to the Judicial Department. If funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be paid from the Probate Court Administration Fund.

(f) An attorney representing a respondent or conserved person subject to proceedings under this chapter shall not accept appointment as guardian ad litem or conservator of the person or estate for the same person unless such attorney has been nominated by the respondent or conserved person pursuant to section 45a-645 , or similar instrument, including, but not limited to, a trust or an advance directive pursuant to section 19a-580e , or section 19a-580g , or is nominated by the respondent or conserved person pursuant to section 45a-650 .

(g) An attorney for the respondent or conserved person, on presentation of proof of authority, shall have access to all information pertinent to proceedings under this title, including immediate access to medical records available to the respondent's or conserved person's treating physician.
Conn. Gen. Stat. § 45a-236 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-236
Sec. 45a-236. (Formerly Sec. 45-100g). Short title: Fiduciary Powers Act.
Status: in_force

Annotation to former section 45-100g:

Cited. 178 C. 42.
Conn. Gen. Stat. § 45a-542n — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542n
Sec. 45a-542n. Obligation to pay money.
Status: in_force

(b) A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income.

(c) This section does not apply to an obligation to which section 45a-542q , 45a-542r , 45a-542s , 45a-542t , 45a-542v or 45a-542w applies.
Conn. Gen. Stat. § 45a-499ww — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ww
Sec. 45a-499ww. Removal of trustee.
Status: in_force

(b) Subject to subsection (a) of this section, the court may remove a trustee if:

(1) The trustee becomes incapable of executing or neglects to perform the trustee's duties, wastes the trust assets, fails to furnish an additional or substitute probate bond ordered by the court, or has committed any other serious breach of trust;

(2) Lack of cooperation among cotrustees substantially impairs administration of the trust;

(3) Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries and the court finds that (A) removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust; and (B) a suitable cotrustee or successor trustee is available. The court may not remove a successor corporate fiduciary in a manner that discriminates against state banks or national banking associations. No consolidated state bank or national banking association and no receiving state bank or national banking association may be removed solely because it is a successor fiduciary, as defined in section 45a-245a .
Conn. Gen. Stat. § 45a-34 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-34
Sec. 45a-34. (Formerly Sec. 45-29a). Definitions.
Status: in_force

(1) “Average final compensation” means, (A) in the case of a judge of probate, the average annual compensation for the three highest paid years of service while serving in the probate court to which the judge was elected or by citation to any other court or courts, including any compensation received for service (i) on or after June 1, 2004, as an administrative judge for a regional children's probate court under section 45a-8a , or (ii) on or after July 1, 2007, as a special assignment probate judge under section 45a-79b , provided, for the purposes of this section, the compensation for any one year shall not exceed the maximum net annual income currently allowed by law, and, (B) in the case of an employee, the average annual rate of pay during the employee's three highest paid years of employment;

(2) “Credited service” means (A) all periods during which a person held the office of judge of probate and (i) any period of service elected by a judge pursuant to section 45a-36a , and (ii) any period of service as an administrative judge for a regional children's probate court after such judge ceases to serve as a probate judge, provided such administrative judge works as an administrative judge at least one thousand hours per year, or (B) all periods during which a person served as an employee of any probate court, or (C) subject to the requirements of subsections (a) and (b) of section 45a-54 , a period of not more than three years for service as a member of the General Assembly and military service, or (D) the aggregate of any periods of service provided for in subparagraphs (A), (B) and (C) of this subdivision;

(3) “Employee” means (A) with respect to a person employed or who serves prior to January 1, 2011, a person employed by any probate court for more than four hundred thirty hours per year or a person who served for more than four hundred thirty hours per year performing under any contract of employment with any court of probate, and (B) with respect to a person first employed or who first serves on or after January 1, 2011, a person employed by any probate court for at least one thousand hours per year or a person who serves at least one thousand hours per year performing under any contract of employment with any court of probate;

(4) “Fund” means the retirement fund established by section 45a-35 ;

(5) “Judge” means a judge of probate, except that, with respect to a judge first elected for a term beginning on or after January 5, 2011, judge means a person who holds the office of judge of probate and works in such judge's capacity as a judge of probate for at least one thousand hours per year as determined pursuant to information filed by the judge of probate with the Probate Court Administrator pursuant to subsection (h) of section 5-259 ;

(6) “Member” means any judge of probate or employee who is or may become eligible for retirement benefits under sections 45a-34 to 45a-54 , inclusive, and 45a-75 ;

(7) “Normal retirement age” means the age of sixty-two for any judge of probate or any employee;

(8) “Old Age and Survivors System” means the system established under Title II of the Social Security Act, as amended;

(9) “Pay” means the salary, wages or earnings of an employee, but does not include any fees or allowances for expenses;

(10) “Retirement Commission” means the State Retirement Commission; and

(11) “Social Security Act” means the Act of Congress, approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the Social Security Act, including regulations issued pursuant thereto, as such act has been and may from time to time be amended.
Conn. Gen. Stat. § 45a-330 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-330
Sec. 45a-330. (Formerly Sec. 45-257d). Time limited for granting administration or proving will; exceptions.
Status: in_force

Annotations to former section 45-200:

Child of tenant in tail who died more than 10 years after the decease of a testator whose will was not proved, held not to be “interested” in the language of statute. 14 C. 210. Creditors of decedent cannot ordinarily claim right to administration if more than 10 years have elapsed. 38 C. 256. Power of General Assembly to grant administration after time stated in statute has elapsed. 45 C. 315. Cited. 49 C. 422. Administration should not be granted by court if application has no foundation or appointment would not avail applicants. 61 C. 449. Cited. 62 C. 222; 67 C. 320. May be granted after 10 years, to collect note apparently outlawed. 76 C. 380. See 91 C. 265. Lien of antemortem creditor on decedent's real estate lasts while administration may be granted. 103 C. 353; Id., 372. Effect of laches after proper presentation and no disallowance of antemortem claim. 106 C. 609. Cited. 109 C. 457. Not an absolute bar to admission of will to probate after 10 years from decease of testator. 135 C. 489.

Cited. 15 CS 316.

Annotation to former section 45-257d:

Cited. 40 CS 312.
Conn. Gen. Stat. § 45a-27a — Connecticut Code / Title 45a / Chapter 801 / Section 45a-27a
Sec. 45a-27a. Failure to complete training within required time. Request for extension. Referral to Council on Probate Judicial Conduct for failure to maintain professional competence.
Status: in_force

(b) If a probate judge fails to complete training within the time required, or within any extension of time granted pursuant to subsection (a) of this section, the Probate Court Administrator may refer the judge to the Council on Probate Judicial Conduct for failure to maintain professional competence as a judge of probate by failing to complete the training program pursuant to section 45a-27 .
Conn. Gen. Stat. § 45a-9 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-9
Sec. 45a-9. (Formerly Sec. 45-13). Indexes.
Status: in_force

See Sec. 45a-754 re maintenance of Probate Court records concerning guardianship, parent-child relationships and adoption in locked files.
Conn. Gen. Stat. § 45a-542y — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542y
Sec. 45a-542y. Disbursements from principal.
Status: in_force

(1) The remaining one-half of the disbursements described in subdivisions (1) and (2) of section 45a-542x ;

(2) All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination, and disbursements made to prepare property for sale;

(3) Payments on the principal of a trust debt;

(4) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

(5) Premiums paid on a policy of insurance not described in subdivision (4) of section 45a-542x of which the trust is the owner and beneficiary;

(6) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and

(7) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.

(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
Conn. Gen. Stat. § 45a-499nnn — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499nnn
Sec. 45a-499nnn. Specific powers of trustee.
Status: in_force

(1) Collect trust property and accept or reject additions to the trust property from a settlor or any other person;

(2) Acquire or sell property, for cash or on credit, at public or private sale;

(3) Exchange, partition or otherwise change the character of trust property;

(4) Deposit trust money in an account in a regulated financial service institution;

(5) Borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;

(6) With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members or property owners, including merging, dissolving or otherwise changing the form of business organization or contributing additional capital;

(7) With respect to stocks or other securities, exercise the rights of an absolute owner, including the right to (A) vote or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement; (B) hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery; (C) pay calls, assessments and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and (D) deposit the securities with a depositary or other regulated financial service institution;

(8) With respect to an interest in real property, construct or make ordinary or extraordinary repairs to, alterations to or improvements in buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries;

(9) Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;

(10) Grant an option involving a sale, lease or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;

(11) Insure the property of the trust against damage or loss and insure the trustee, the trustee's agents and beneficiaries against liability arising from the administration of the trust;

(12) Abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;

(13) With respect to possible liability for violation of environmental law, (A) inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property; (B) take action to prevent, abate or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement; (C) decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law; (D) compromise claims against the trust which may be asserted for an alleged violation of environmental law; and (E) pay the expense of any inspection, review, abatement or remedial action to comply with environmental law;

(14) Pay or contest a claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;

(15) Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;

(16) Exercise elections with respect to federal, state and local taxes;

(17) Select a mode of payment under any employee benefit or retirement plan, annuity or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;

(18) Make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, with the trustee having a lien on future distributions for repayment of such loans;

(19) Pledge trust property to guarantee loans made by others to the beneficiary;

(20) Appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require the appointed trustee to furnish security and remove any trustee so appointed;

(21) Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by: (A) Paying it directly to the beneficiary or applying it for the beneficiary's benefit; (B) paying it to the beneficiary's conservator of the estate or guardian of the estate; (C) if the beneficiary does not have a conservator of the estate or guardian of the estate, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary's behalf; or (D) managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution;

(22) On distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for such purposes and adjust for resulting differences in valuation;

(23) Resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration or other procedure for alternative dispute resolution;

(24) Prosecute or defend an action, claim or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties;

(25) Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's powers;

(26) On termination of the trust, exercise the powers appropriate to wind up administration of the trust and distribute the trust property to the persons entitled to it; and

(27) Exercise all powers appropriate to achieve the proper investment, management, preservation and distribution of a digital asset held in the trust estate whether the trustee, the grantor or a third party is the original or a successor user of the digital asset. This subdivision shall be construed in accordance with the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, as said act is in effect from time to time during the administration of the trust. The custodian of each digital asset held in the trust, whether public or private, shall divulge to the trustee with respect to the asset: (A) Any electronically stored information; (B) the content of all electronic communications sent or received by the original and successor user; and (C) any record or other information stored by the custodian on a remote-computing service.

(b) The powers in subsection (a) of this section do not apply to a charitable trust to the extent that their exercise would give the trustee the authority to deviate from a stated charitable purpose or violate a restricted gift. A trustee of a charitable trust and a person holding and administering an endowment fund or an institutional fund, both as defined in section 45a-535a , shall not mortgage, hypothecate, pledge, use as collateral or otherwise encumber any of the following assets of such charitable trust, endowment fund or institutional fund, if the source of the asset was a charitable gift: (1) Funds for which expenditures are restricted by the settlor for a purpose other than the general purposes of a charity or institution; and (2) the principal or corpus of a charitable trust or institutional fund for which such principal or corpus is restricted to investment or endowment purposes.

(c) The provisions of this section apply to any trust whether established before, on or after January 1, 2020, except that no power is conferred by this section to any trust established before January 1, 2020, if the trust instrument reflects an intent to disallow the exercise of the power.
Conn. Gen. Stat. § 45a-289 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-289
Sec. 45a-289. (Formerly Sec. 45-169). When bond required of executor. Amount of bond. Reduction of bond.
Status: in_force

(b) If the will designates a person to be an executor and directs that no bond or that a bond of a certain amount only shall be required of such executor, the Probate Court shall follow such provisions of the will if no objection to such provisions has been filed, provided, if an objection has been filed or the Court of Probate determines that for cause shown the filing of a bond is necessary for the protection of creditors or to assure the payment of succession taxes, or both, a bond shall be required in an amount which shall not be less than an amount equal to twice the amount of the debts of the deceased as estimated by the court or to the amount of the tax on any untaxed property plus the succession tax as estimated by the court or to the amount named in the will, whichever of such amounts is the greatest.

Annotations to former section 45-169:

Executors liable jointly as principals to surety for default of one of their number. 2 C. 540. Cited. 49 C. 424. Approval of bond relates back to time of filing; “accepted” as showing approval. 73 C. 435. Bond does not cover proceeds of land sold by order of court. 77 C. 75.
Conn. Gen. Stat. § 45a-110 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-110
Sec. 45a-110. Persons responsible for payment of fees and expenses.
Status: in_force

(b) In the case of any proceeding commenced on motion of the court, the court may assess the fees and expenses provided for under sections 45a-106a , 45a-107 and 45a-109 against one or more parties in such proportion as the court determines equitable. No fee shall be charged under this subsection for a hearing on the court's own motion to remove a fiduciary for failure to file required documents.

(c) Except as provided in subsection (a) of this section, the person filing the motion, petition, application or account shall pay the fees and expenses provided for by sections 45a-106a , 45a-108a and 45a-109 , unless otherwise provided by law. The court may order the fiduciary of an estate to reimburse a party for any such fees and expenses if the court determines that reimbursement is equitable.
Conn. Gen. Stat. § 45a-542u — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542u
Sec. 45a-542u. Property not productive of income.
Status: in_force

(b) In cases not governed by subsection (a) of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
Conn. Gen. Stat. § 45a-545p — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545p
Sec. 45a-545p. Change in compensation.
Status: in_force

(b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by subsection (a) of section 45a-499yy .

(c) A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b) of this section.
Conn. Gen. Stat. § 45a-608 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-608
Sec. 45a-608. (Formerly Sec. 45-44a). Temporary custody of minor. Rights and duties.
Status: in_force

Annotation to former section 45-44a:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-667o — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667o
Sec. 45a-667o. Petitions for involuntary representation filed in more than one state.
Status: in_force

(1) If the court of probate has jurisdiction under section 45a-667i , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to those in section 45a-667i before the appointment or issuance of the order.

(2) If the court of probate does not have jurisdiction under subdivision (1) or (2) of section 45a-667i , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court of probate shall dismiss the petition unless the court in the other state determines that the court of probate is a 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.
Conn. Gen. Stat. § 45a-78 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-78
Sec. 45a-78. (Formerly Sec. 45-4f). Rules of procedure for the Probate Courts. Adoption, publication and sale.
Status: in_force

(b) The Probate Court Administrator shall, from time to time, publish the rules of procedure for the Probate Courts. The Probate Court Administrator may pay the expenses of publication from the fund established under section 45a-82 and shall sell the book of Probate Court rules of procedure, at a price determined by the Probate Court Administrator. The proceeds from the sales shall be added to and shall become a part of said fund.

Annotations to former section 45-4f:

General Assembly may delegate its rule-making power for lower courts. 157 C. 150. Cited. 192 C. 234.
Conn. Gen. Stat. § 45a-543 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-543
Sec. 45a-543. Determination by court re abuse of discretion by fiduciary.
Status: in_force

(b) The decisions to which subsection (a) of this section applies include: (1) A determination under subsection (a) of section 45a-542c of whether and to what extent an amount should be transferred from principal to income or from income to principal; and (2) a determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors, in deciding whether and to what extent to exercise the power conferred by subsection (a) of section 45a-542c .

(c) If a court determines that a fiduciary has abused its discretion, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the fiduciary had not abused its discretion, according to the following rules: (1) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution that is too small, the court may require the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position; (2) to the extent that the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court may restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the fiduciary to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring the beneficiary to return some or all of the distribution to the trust; and (3) to the extent that the court is unable, after applying subdivisions (1) and (2) of this subsection, to restore the beneficiaries, the trust, or both, to the positions they would have occupied if the fiduciary had not abused its discretion, the court may require the fiduciary to pay an appropriate amount from its own funds to one or more of the beneficiaries or to the trust, or both.

(d) Upon a petition by the fiduciary, the court having jurisdiction over the trust or estate may determine whether a proposed exercise or nonexercise by a fiduciary of a discretionary power conferred by sections 45a-542 to 45a-542ff , inclusive, will result in the abuse of the fiduciary's discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the fiduciary relies, and an explanation of how the income and remainder beneficiaries will be affected by the exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion.
Conn. Gen. Stat. § 45a-499o — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499o
Sec. 45a-499o. Subject matter jurisdiction of Probate Courts and the Superior Court.
Status: in_force

(1) Determine the validity of the will establishing the trust pursuant to subdivision (2) of subsection (a) of section 45a-98 ;

(2) Compel a trustee to account pursuant to subdivision (6) of subsection (a) of section 45a-98 ;

(3) Approve a trustee's account pursuant to sections 45a-175 to 45a-179 , inclusive, or proposed final distribution pursuant to section 45a-481 ;

(4) With respect to an action that could be reported in a subsequent account pursuant to sections 45a-175 to 45a-179 , inclusive, hear and decide the petition of (A) a trustee to approve a proposed action, ratify a previously taken action or provide instructions to address a specific situation, or (B) a beneficiary to compel or prohibit action by a trustee;

(5) Approve the settlement of a disputed claim pursuant to section 45a-151 ;

(6) Approve the sale of personal property pursuant to section 45a-163 ;

(7) Approve the sale or mortgage of real property pursuant to section 45a-164 ;

(8) Remove or accept the resignation of a trustee pursuant to section 45a-499vv or subsection (b) of section 45a-499ww ;

(9) Appoint a successor trustee in the event of a vacancy or anticipated vacancy pursuant to section 45a-499uu ;

(10) Order a trustee to furnish a probate bond pursuant to section 45a-499ss ;

(11) Assume jurisdiction of a trust pursuant to section 45a-477 ;

(12) Order distribution of a decedent's estate or testamentary trust to the beneficiaries of an inoperative trust pursuant to section 45a-482 ;

(13) Authorize a trustee to disclaim an interest pursuant to section 45a-579 ;

(14) Authorize a trustee to combine two or more trusts or divide a trust into two or more separate trusts pursuant to section 45a-499 ll ;

(15) Terminate a charitable trust pursuant to section 45a-520 ; and

(16) Hear and decide a petition related to the exercise of a decanting power pursuant to section 45a-545i .

(b) The Superior Court and the Probate Courts have concurrent original jurisdiction relating to testamentary trusts to:

(1) Determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes or may constitute property of a trust, including the rights and obligations of a beneficiary of the trust pursuant to subdivision (3) of subsection (a) of section 45a-98 ;

(2) Determine the validity and construe the meaning and effect of a trust pursuant to subdivision (4) of subsection (a) of section 45a-98 ;

(3) Apply the doctrine of cy pres or approximation pursuant to subdivision (5) of subsection (a) of section 45a-98 ;

(4) Recover on a probate bond for breach of fiduciary duty pursuant to sections 45a-144 and 45a-145 ;

(5) Reform a trust to qualify for the marital deduction pursuant to section 45a-485 ;

(6) Reform a trust to qualify for the charitable deduction pursuant to section 45a-519 ;

(7) Reform a charitable remainder unitrust pursuant to section 45a-521 ;

(8) Authorize transfer of the principal place of administration of a trust to another jurisdiction pursuant to section 45a-499h ;

(9) Modify or terminate a noncharitable trust pursuant to sections 45a-499ee , 45a-499ff , 45a-499ii , 45a-499jj and 45a-499kk ; and

(10) Hear and decide a petition for instruction pursuant to subsection (d) of section 45a-500i .

(c) Notwithstanding subsection (a) of this section, the Superior Court has original jurisdiction relating to testamentary trusts with respect to:

(1) A proceeding relating to a testamentary trust that the court consolidates with another proceeding involving the same trust over which the Superior Court has original jurisdiction; and

(2) Any matter over which the Superior Court has statutory or common law jurisdiction or has powers or remedies that are not available to the Probate Courts.

(d) The Superior Court has original jurisdiction over all matters relating to inter vivos trusts. The Probate Courts have concurrent original jurisdiction with the Superior Court relating to inter vivos trusts to:

(1) Compel a trustee to account pursuant to subdivision (6) of subsection (a) of section 45a-98 ;

(2) Approve a trustee's account pursuant to section 45a-175 ;

(3) With respect to an action that could be reported in a subsequent account pursuant to section 45a-175 , hear and decide the petition of a trustee to approve a proposed action, ratify a previously taken action or provide instruction to address a specific situation or the petition of a beneficiary to compel or prohibit an action by a trustee;

(4) Remove a trustee pursuant to subsection (b) of section 45a-499ww ;

(5) Appoint a successor trustee in the event of a vacancy or anticipated vacancy pursuant to section 45a-487m or 45a-499uu and subsection (g) of section 45a-487p ;

(6) Recover on a probate bond for breach of fiduciary duty pursuant to sections 45a-144 and 45a-145 ;

(7) Authorize a trustee to disclaim an interest pursuant to section 45a-579 ;

(8) Authorize a trustee to combine two or more trusts or divide a trust into two or more separate trusts pursuant to section 45a-499 ll ;

(9) Terminate a charitable trust pursuant to section 45a-520 ;

(10) Determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes or may constitute property of a trust, including the rights and obligations of any beneficiary of the trust pursuant to subdivision (3) of subsection (a) of section 45a-98 ;

(11) Determine the validity and construe the meaning and effect of a trust pursuant to subdivision (4) of subsection (a) of section 45a-98 ;

(12) Apply the doctrine of cy pres or approximation pursuant to subdivision (5) of subsection (a) of section 45a-98 ;

(13) Reform a trust to achieve the settlor's tax objectives pursuant to section 45a-499kk ;

(14) Authorize transfer of the principal place of administration of a trust to another jurisdiction pursuant to section 45a-499h ;

(15) Modify or terminate a noncharitable trust pursuant to sections 45a-499ee , 45a-499ff , 45a-499ii , 45a-499jj and 45a-499kk ;

(16) Hear and decide a petition for instruction pursuant to subsection (d) of section 45a-500i ; and

(17) Hear and decide a petition related to the exercise of a decanting power pursuant to section 45a-545i .

(e) With respect to a matter over which the court has jurisdiction, the court may hear and decide a trustee's request for instructions or for approval of action or a party's request to compel or prohibit an action by a trustee.
Conn. Gen. Stat. § 45a-545t — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545t
Sec. 45a-545t. Duration of second trust.
Status: in_force

(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation or suspension of the power of alienation which apply to property of the first trust.
Conn. Gen. Stat. § 45a-499dd — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499dd
Sec. 45a-499dd. Modification or termination of trust; proceedings for approval or disapproval.
Status: in_force

(b) A charitable trust may be terminated only in accordance with the provisions of section 45a-499gg , 45a-499hh or 45a-520 .

(c) A proceeding to approve or disapprove a proposed modification or termination of a trust under sections 45a-499ee to 45a-499kk , inclusive, or trust combination or division under section 45a-499 ll may be commenced by a trustee or beneficiary. The settlor of a charitable trust or a person designated by the settlor who would not otherwise have standing may maintain a proceeding to modify the trust under section 45a-499gg or 45a-499hh if the trust instrument expressly grants the settlor or the person the right to do so.

(d) The trustee is a necessary party in any proceeding under sections 45a-499ee to 45a-499 ll , inclusive. The trustee may appeal any order, denial or decree under sections 45a-499ee to 45a-499 ll , inclusive.
Conn. Gen. Stat. § 45a-499s — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499s
Sec. 45a-499s. Representation by fiduciaries, parents and persons having substantially identical interests.
Status: in_force

(b) Unless otherwise represented, a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person being represented.
Conn. Gen. Stat. § 45a-487q — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487q
Sec. 45a-487q. Persons not subject to qualified dispositions.
Status: in_force

(1) A person to whom the transferor is indebted on or before the date of a qualified disposition on account of an agreement or order of court for payment of support or alimony in favor of the transferor's spouse, former spouse or children, or for a division or distribution of property in favor of the transferor's spouse or former spouse, but only to the extent of the debt; or

(2) To any person who suffers death, personal injury or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury or property damage is at any time determined to have been caused, in whole or in part, by the tortious act or omission of the transferor or by another person for whom the transferor is or was vicariously liable, but only to the extent of the claim against the transferor or other person for whom the transferor is or was vicariously liable.
Conn. Gen. Stat. § 45a-27 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-27
Sec. 45a-27. Training program required for judges. Curriculum established by Probate Court Administrator.
Status: in_force

(b) The Probate Court Administrator shall establish, supervise and fund a program of training for newly-elected probate judges that shall include: (1) A course to be taken between the date of election and the date of assuming office concerning the rules of judicial conduct for a judge of probate, the ethical considerations arising in that office, the operation of a probate court, and the availability of assistance for a judge in the operation of a probate court; and (2) courses to be taken within six months after the date of assuming office that provide fundamental training in (A) civil procedure, including constitutional issues, due process, and evidentiary considerations, (B) property law, including conveyancing and title considerations, (C) the law of wills and trusts, and (D) family law in the context of the probate courts.

(c) The curriculum for the courses required by subsection (b) of this section shall be established by the Probate Court Administrator and shall be designed to establish a minimum level of proficiency by judges of probate. The courses shall be given by qualified instructors approved by the Probate Court Administrator. The Probate Court Administrator may waive completion of a course required by subdivision (2) of subsection (b) on demonstration by a probate judge of proficiency in the subject matter. The Probate Court Administrator may, for good cause, allow a probate judge to satisfy a requirement of subsection (b) of this section by auditing, at the Office of the Probate Court Administrator or at such other place as the Probate Court Administrator may designate, instructional tapes approved by the Probate Court Administrator. The Probate Court Administrator shall adopt appropriate time requirements for training of a probate judge elected in a special election and may modify other requirements of this section as circumstances may require.
Conn. Gen. Stat. § 45a-79c — Connecticut Code / Title 45a / Chapter 801 / Section 45a-79c
Sec. 45a-79c. Court of probate business hours.
Status: in_force

(b) The Probate Court Administrator may, for good cause shown, modify the requirements of this section.
Conn. Gen. Stat. § 45a-92 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-92
Sec. 45a-92. (Formerly Sec. 45-26). Payments to State Treasurer.
Status: in_force

(b) Payments on behalf of deceased judge of probate. The personal representative of each person who holds the office of judge of probate, at any time during any calendar year, and dies while in office, or within twenty-four months after ceasing to hold office, shall file with the Probate Court Administrator, on or before March first next following such death, a statement signed under penalty of false statement showing the actual gross receipts and itemized costs of the decedent's office for the preceding calendar year and the decedent's net income from that office for such calendar year. The personal representative shall file with the Probate Court Administrator on or before March first of the second year following said death a statement signed under penalty of false statement showing the net income to the decedent's estate from such office for the preceding calendar year. The requirement to file a statement under this subsection shall not apply with respect to any calendar year beginning on or after January 1, 2011.

(c) Amounts to be paid to State Treasurer. Each judge of probate or personal representative, except a judge of probate who is the Probate Court Administrator, shall at the time of filing such returns pay to the State Treasurer to be credited to the fund established by section 45a-82 , a percentage of the annual net income from such office based on the following table in which the percentage appearing in the left column shall first be multiplied by the minimum annual compensation of a high volume court as provided in subsection (k) of this section, as in effect on the first day of July of the calendar year for which an assessment is due pursuant to this section, the product of which shall then be multiplied by the applicable percentage appearing in the right column:
Conn. Gen. Stat. § 45a-667s — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667s
Sec. 45a-667s. Registration of conservator of the estate order from another state.
Status: in_force

(b) Each court of probate shall maintain a registry, accessible by the public, of conservator of the estate orders registered under subsection (a) of this section.
Conn. Gen. Stat. § 45a-163 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-163
Sec. 45a-163. (Formerly Sec. 45-237). Sale of personal property by other than fiduciary.
Status: in_force

(b) The person selling the personal property shall pay to the fiduciary the sum for which such personal property was sold.

(c) The Court of Probate shall direct whether the sale shall be public or private, and, if public, the notice thereof which shall be given, and, if private, may authorize the sale at a price and upon terms, including such mortgage or mortgages, as it considers reasonable or advisable.
Conn. Gen. Stat. § 45a-468h — Connecticut Code / Title 45a / Chapter 802b / Section 45a-468h
Sec. 45a-468h. Protection of registering entity.
Status: in_force

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in sections 45a-468 to 45a-468m , inclusive, and section 45a-369 .

(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 45a-468g and does so in good faith reliance (1) on the registration, (2) on sections 45a-468 to 45a-468m , inclusive, and section 45a-369 , and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of sections 45a-468 to 45a-468m , inclusive, and section 45a-369 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under said sections.

(d) The protection provided by sections 45a-468 to 45a-468m , inclusive, and section 45a-369 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Conn. Gen. Stat. § 45a-202 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-202
Sec. 45a-202. (Formerly Sec. 45-21). When payments by fiduciaries protected.
Status: in_force

(b) This section shall not prevent a recovery of such money or property by the person entitled to it from any person receiving it or in possession of it.

Annotations to former section 45-21:

Trustee paying fund under order of court protected. 82 C. 558. Conclusion as to good faith is a conclusion of fact. 90 C. 566. Payment of balance for distribution stated in account accepted by court, where no return of distribution was made, held not a payment “under or pursuant” to an order of Probate Court. 120 C. 183. Cited. 138 C. 17.

Executrix overpaid herself as legatee and contended that allowance of those accounts by Probate Court after hearing with notice rendered res judicata her right to the payments; held that she could not, consistently with her fiduciary obligations as executrix, invoke res judicata to produce so inequitable a result. 150 C. 106.
Conn. Gen. Stat. § 45a-667t — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667t
Sec. 45a-667t. Effect of registration of conservatorship order from another state.
Status: in_force

(b) A court of probate or, to the extent it lacks jurisdiction, the Superior Court may grant any relief available under sections 45a-644 , 45a-648 , 45a-649 and 45a-667 to 45a-667v , inclusive, and other law of this state to enforce a registered order.