Conn. Gen. Stat. § 45a-667m — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667m
Sec. 45a-667m. Declination of jurisdiction due to unjustifiable conduct of a party. Assessment against party.
Status: in_force

(1) Decline to exercise jurisdiction and dismiss the case if the court has not entered an order in the case; or

(2) Rescind any order issued in the case and dismiss the case, except that, prior to dismissing the case, the court may exercise limited jurisdiction for not more than ninety days for the limited purpose of fashioning an appropriate remedy to avoid immediate and irreparable harm to the mental or physical health or financial or legal affairs of the person for whom a conservator of the person was appointed or who was subject to the conservator of the estate order to prevent a repetition of the unjustifiable conduct.

(b) A court of probate that determines it has acquired or maintained jurisdiction because a party seeking or having sought to invoke its jurisdiction engaged in unjustifiable conduct may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, medical examination expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than sections 45a-667 to 45a-667v , inclusive.
Conn. Gen. Stat. § 45a-500i — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500i
Sec. 45a-500i. Duty and liability of directed trustee.
Status: in_force

(b) A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivision (1) of subsection (b) of section 45a-500f to the extent that by complying the trustee would engage in wilful misconduct.

(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if: (1) The breach involved the trustee's or other director's wilful misconduct; (2) the release was induced by improper conduct of the trustee or other director in procuring the release; or (3) at the time of the release, the director did not know the material facts relating to the breach.

(d) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions and the court shall have jurisdiction to provide such instructions.

(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
Conn. Gen. Stat. § 45a-486 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-486
Sec. 45a-486. Termination of inter vivos trust when settlor or spouse is an applicant for or recipient of medical assistance.
Status: in_force

(b) Upon the application of the Department of Social Services, the Superior Court shall terminate an inter vivos trust established by a person or the person's spouse when the person or the person's spouse becomes an applicant for or recipient of public assistance or Medicaid. The Superior Court shall order that the principal and any undistributed income shall be distributed to the settlor of the trust. This section shall not apply if the settlor, the settlor's spouse, a conservator or other legal representative of the settlor or the settlor's spouse, or any other person having a beneficial interest in the trust, establishes by clear and convincing evidence that not one of the principal purposes of the trust was the current or future qualification of the settlor or the settlor's spouse for benefits under Title XIX of the Social Security Act (42 USC 1396 et seq.).

(c) On or after October 1, 1992, the provisions of this section shall not apply to charitable remainder trusts, as defined in Section 664(d) of the Internal Revenue Code of 1986, or any corresponding internal revenue code of the United States, as from time to time amended, nor to transfers which are deductible pursuant to Section 170(f)(2)(B), 2055(e)(2) or 2522(c)(2) of said code, nor to any trust in which the settlor or the settlor's spouse has not retained any interest, other than reversionary interest of five per cent or less.
Conn. Gen. Stat. § 45a-178 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-178
Sec. 45a-178. (Formerly Sec. 45-269). Allowance of interim accounts. Notice and hearing.
Status: in_force

Annotations to former section 45-269:

Effect of section. 69 C. 262. Cited. 70 C. 375; 147 C. 482; 148 C. 361.

Annotation to present section:

Cited. 42 CS 548.
Conn. Gen. Stat. § 45a-79a — Connecticut Code / Title 45a / Chapter 801 / Section 45a-79a
Sec. 45a-79a. Probate Court Administrator's powers re deficiencies in court conduct or facilities. Hearings. Regulations. Appeals.
Status: in_force

(b) (1) Not later than ten business days after receiving written notice as provided in subsection (a) of this section, a judge of probate who is the subject of an action of the Probate Court Administrator under this section may file with the Probate Court Administrator a request for a hearing before a review panel. The review panel shall consist of (A) a judge of probate selected by the Probate Court Administrator, (B) a judge of probate selected by the judge who is the subject of the action, and (C) a judge of probate jointly selected by the judges who have been selected under subparagraphs (A) and (B) of this subdivision, except that if such judges are unable to make a joint selection, the judge of probate required under this subparagraph shall be selected by the Chief Justice of the Supreme Court.

(2) Not later than fifteen business days after the filing of a request for a hearing under subdivision (1) of this subsection, the review panel shall hold a hearing on the Probate Court Administrator's determination and proposed disposition of the matter. The Probate Court Administrator and the judge who is the subject of the action shall have a right to be heard and present evidence at the hearing. The Probate Court Administrator shall have the burden of proving that such judge received written notice as required by subsection (a) of this section. After the hearing, a majority of the members of the review panel may affirm, dismiss or modify the Probate Court Administrator's determination and proposed disposition of the matter under subsection (a) of this section. Either the Probate Court Administrator or such judge may request that the matter be heard on the record under sections 51-72 and 51-73 .

(c) (1) Except as provided in subdivision (2) of this subsection, if a timely request for a hearing is not filed under subdivision (1) of subsection (b) of this section by the judge who is the subject of the action, the Probate Court Administrator's proposed disposition of the matter under subsection (a) of this section shall take effect immediately upon the expiration of the ten-business-day period set forth in subdivision (1) of subsection (b) of this section.

(2) If the Probate Court Administrator, in consultation with the Chief Court Administrator, determines that, with respect to a pending case, an emergency exists due to the fact that a probate matter has not been conducted with expeditious dispatch within the proper time frames prescribed by law, rules of the courts of probate or regulations issued pursuant to subsection (b) of section 45a-77 , the Probate Court Administrator's proposed disposition of the matter under subsection (a) of this section shall take effect when the judge who is the subject of the action receives notice as provided in subsection (a) of this section. Such proposed disposition shall be subject to such judge's right to a hearing and the decision of the review panel under subsection (b) of this section, provided the validity of any order or decree made, proceeding held or other action taken by a special assignment probate judge or another judge of probate pursuant to such proposed disposition when an emergency exists due to the fact that a matter has not been conducted with expeditious dispatch, as provided in this subdivision, shall not be affected by any subsequent decision of the review panel under subsection (b) of this section.

(d) The Probate Court Administrator shall issue regulations pursuant to subsection (b) of section 45a-77 concerning rules of procedure for the conduct of any hearing before a review panel under this section. Such rules of procedure shall address: (1) The notice of the Probate Court Administrator's determination and reasons therefor under subsection (a) of this section; (2) the content of a request for a hearing and any notice of hearing; (3) hearing procedures; (4) evidence; (5) subpoenas; (6) the production of documents; (7) continuances; (8) intervenors; (9) the hearing record; and (10) the right to cross-examine, present arguments and inspect and copy relevant materials.

(e) Any judge of probate who is aggrieved by any decision under this section may appeal such decision to the superior court for the judicial district in which the probate district of such judge is located. An appeal under this subsection shall be taken within thirty days of such decision. Appeals from any such decision rendered in any case after a record is made under sections 51-72 and 51-73 shall be on the record and shall not be a trial de novo. In any such appeal, the court may grant such relief as the court determines to be appropriate.
Conn. Gen. Stat. § 45a-676 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-676
Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or limited guardian.
Status: in_force

(b) If the court finds by clear and convincing evidence that the respondent is able to do some, but not all, of the tasks necessary to meet essential requirements for the respondent's physical health or safety or that the respondent is able to make some, but not all, informed decisions about matters related to the respondent's care, the court shall appoint a limited guardian or limited coguardians.

(c) For the purposes of sections 45a-669 to 45a-683 , inclusive, any alleged inability of the respondent must be evidenced by recent behavior that would cause harm or create a risk of harm, by clear and convincing proof.

(d) The court shall take from any such plenary guardian or limited guardian a written acceptance of such guardianship and, if the court deems it necessary for the protection of the respondent, a probate bond.

(e) The court shall make written findings of fact that support each grant of authority to the plenary guardian or limited guardian. If the court in reaching its conclusion is relying on incidents of behavior that occurred more than six months prior to the date of hearing, the court findings shall include its reasoning for relying upon such incidents.

(f) In selecting a plenary guardian or limited guardian, the court shall be guided by the best interests of the respondent, including, but not limited to, the preference of the respondent as to who should be appointed as plenary guardian or limited guardian.

(g) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person residing in a state-operated residential facility for persons with intellectual disability located in the Department of Developmental Services region in which such person is employed; and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found. Any appointment of an employee of the Department of Developmental Services as a plenary guardian or limited guardian shall be made for a limited purpose and duration. During the term of appointment of any such employee, the Commissioner of Developmental Services shall search for a suitable person who is not an employee of the department to replace such employee as plenary guardian or limited guardian.

(h) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by a private facility funded or licensed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person residing in a residential facility in which such employee is employed, and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found.

(i) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is licensed by the Department of Developmental Services to operate a community companion home, except that (1) no such licensee, nor any of such licensee's relatives or household members, may be appointed as a plenary guardian or limited guardian of a person residing in a community companion home operated by such licensee, and (2) no such licensee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found.

Annotation to former section 45-328:

Cited. 215 C. 277.

Annotation to present section:

Cited. 230 C. 828.
Conn. Gen. Stat. § 45a-520 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-520
Sec. 45a-520. (Formerly Sec. 45-79b). Termination of charitable trusts.
Status: in_force

(b) In any case where the current market value of the assets of a testamentary or inter vivos charitable trust is less than one hundred fifty thousand dollars, any trustee thereof, any charitable beneficiary specifically designated in the governing instrument or the Attorney General may petition a Probate Court specified in section 45a-499p for an order terminating the trust. Upon receipt of such a petition, the court shall order a hearing and cause notice thereof to be given to the Attorney General, the trustees, the grantor of the trust, if living, and any charitable beneficiary of the trust specifically designated in the governing instrument. If at such a hearing the court determines that continuation of the trust is uneconomic when the costs of operating the trust, probable income and other relevant factors are considered or not in the best interest of the beneficiaries, the court may order termination of the trust and distribution of the trust assets to any charitable beneficiary specifically designated in the governing instrument or, if no such beneficiary exists, to such other charitable trusts or charitable entities, including any community trust or foundation, as the court may determine will fulfill the charitable purposes of the trust being so terminated.

(c) The provisions of this section shall not apply to termination of trusts or funds as provided in chapter 368j.
Conn. Gen. Stat. § 45a-295 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-295
Sec. 45a-295. (Formerly Sec. 45-186). Court may revoke, annul or set aside order or decree passed under revoked will. Subsequent settlement procedure.
Status: in_force

(b) The court may thereafter proceed with the settlement of the estate under a subsequent will if there is one or, if there is no subsequent will, may grant administration on the estate of such deceased person and proceed with the settlement of the estate as an intestate estate upon such notice to all parties in interest as the court orders.

Annotations to former section 45-186:

Word “revoked” is not to be construed as limited to a complete revocation of former will. 152 C. 206.

Where plaintiffs made motion to dismiss defendant's application for probate and appealed to Superior Court from Probate Court's dismissal of motion, held appeal must be erased for lack of jurisdiction. 23 CS 101.
Conn. Gen. Stat. § 45a-244 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-244
Sec. 45a-244. (Formerly Sec. 45-265). Enforcement of delivery of estate to successor.
Status: in_force

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

Annotations to former section 45-265:

Cited. 70 C. 375; 73 C. 436; 77 C. 70; 80 C. 466. Failure to obey order to deliver assets to successor is breach of bond. 120 C. 181. Cited. 147 C. 482.

Cited. 6 CA 530.
Conn. Gen. Stat. § 45a-499j — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499j
Sec. 45a-499j. Others treated as qualified beneficiaries.
Status: in_force

(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive, if the charitable organization, on the date the charitable organization's qualification is being determined: (1) Is a distributee or permissible distributee of trust income or principal; (2) would be a distributee or permissible distributee of trust income or principal upon termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on such date.

(c) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust if (1) the trust's principal place of administration is in this state; or (2) either the primary charitable beneficiary or the intended charitable benefit is located in this state.

(d) A person appointed to enforce a trust created for (1) the care of an animal under section 45a-489a , or (2) another noncharitable purpose as provided in section 45a-499cc , has the rights of a qualified beneficiary under sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive.

(e) A charitable organization shall be granted the rights of a qualified beneficiary under this section only if its interest in a charitable trust is not otherwise subject to any power of appointment, removal or any other power of termination on the date that its qualification is otherwise determined under this section.
Conn. Gen. Stat. § 45a-448 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-448
Sec. 45a-448. (Formerly Sec. 45-280). Distribution of damages for causing death.
Status: in_force

(b) All damages recovered for injuries resulting in death, which death occurred on or after October 1, 1961, after payment of the costs and expenses of suit, all expenses of last illness and all funeral bills, the expenses of administration and claims against the estate and such amount for the support of the surviving spouse or family of the deceased during the settlement of the estate as the Court of Probate may allow, shall be distributed as personal estate in accordance with the last will and testament of the deceased if there is one or, if not, in accordance with the law concerning the distribution of intestate personal estate. Such damages shall not be subject to taxation under the provisions of chapter 216.

Annotations to former section 45-280:

In absence of averments to contrary, always presumed, if there is no widow or husband, or lineal descendants, that there are heirs to whom distribution can be made. 64 C. 487. Complaint not insufficient if there is no allegation that deceased left heirs. 69 C. 284. When death instantaneous, personal representatives not limited to recovery of nominal damages. 72 C. 623; 73 C. 616. Contributory negligence of persons entitled to receive damages will not bar recovery. 78 C. 284. What elements of damage recoverable. 103 C. 529; 108 C. 647; 132 C. 467. Fact that heirs taking under statute were defendants who caused death is immaterial. 108 C. 647. Reimbursement of employer for workmen's compensation paid to decedent's dependents. 116 C. 95. Former statute cited. 122 C. 90. Cited. 135 C. 252. Administrator holds fund as a trust to meet charges to which statute explicitly subjects it; creditors other than those expressly mentioned in statute are precluded from asserting claims against fund. 137 C. 604. Cited. 144 C. 659. Such damages do not become general assets of the estate but can only be used to meet the charges to which section subjects them. 147 C. 233. Cited. 153 C. 362; 187 C. 53; 203 C. 187; 211 C. 121.

Cited. 1 CS 136.
Conn. Gen. Stat. § 45a-375 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-375
Sec. 45a-375. (Formerly Sec. 45-230x). Statutes of limitation; suspension. Maximum periods applicable to claims. After-accruing claims.
Status: in_force

(a) If any person against whom a claim exists dies within thirty days prior to the date the applicable statute of limitations on such claim would otherwise expire, a period of thirty days from the date of the appointment of his fiduciary shall be allowed within which to present such claim.

(b) The running of any limitation period applicable to the claim of any person, shall, provided such claim was presented to the fiduciary prior to expiration of the applicable period of limitations, be suspended from the time of presentation of such claim until such claim has been rejected, in whole or in part, as provided in section 45a-360 , provided upon such rejection, such person may commence suit or file an application as provided in section 45a-363 .

(c) Except as provided in subsections (b) and (d) of this section, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of such estate but within (1) two years from the date of the decedent's death or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357 , would otherwise have expired, whichever shall first occur.

(d) With respect to any claim arising after the death of a decedent, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of the estate but within (1) two years from the date the claim arose or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357 , would otherwise have expired, whichever shall first occur.
Conn. Gen. Stat. § 45a-650 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-650
Sec. 45a-650. (Formerly Sec. 45-70d). Hearing on petition for involuntary representation. Evidence. Appointment of conservator. Limitation re powers and duties. Probate bond.
Status: in_force

(b) The rules of evidence applicable to civil matters in the Superior Court shall apply to all hearings pursuant to this section. All testimony at a hearing held pursuant to this section shall be given under oath or affirmation.

(c) (1) After making the findings required under subsection (a) of this section, the court shall receive evidence regarding the respondent's condition, the capacity of the respondent to care for himself or herself or to manage his or her affairs, and the ability of the respondent to meet his or her needs without the appointment of a conservator. Unless waived by the court pursuant to subdivision (2) of this subsection, medical evidence shall be introduced from one or more physicians licensed to practice medicine in this state who have examined the respondent not more than forty-five days prior to the hearing, except that for a person with intellectual disability, as defined in section 1-1g , psychological evidence may be introduced in lieu of such medical evidence from a psychologist licensed pursuant to chapter 383 who has examined the respondent not more than forty-five days prior to the hearing. The evidence shall contain specific information regarding the respondent's condition and the effect of the respondent's condition on the respondent's ability to care for himself or herself or to manage his or her affairs. The court may also consider such other evidence as may be available and relevant, including, but not limited to, a summary of the physical and social functioning level or ability of the respondent, and the availability of support services from the family, neighbors, community or any other appropriate source. Such evidence may include, if available, reports from the social work service of a general hospital, municipal social worker, director of social service, public health nurse, public health agency, psychologist, coordinating assessment and monitoring agencies, or such other persons as the court considers qualified to provide such evidence.

(2) The court may waive the requirement that medical evidence be presented if it is shown that the evidence is impossible to obtain because of the absence of the respondent or the respondent's refusal to be examined by a physician or that the alleged incapacity is not medical in nature. If such requirement is waived, the court shall make a specific finding in any decree issued on the petition stating why medical evidence was not required.

(3) Any hospital, psychiatric, psychological or medical record or report filed with the court pursuant to this subsection shall be confidential.

(d) Upon the filing of an application for involuntary representation pursuant to section 45a-648 , the court shall issue an order for the disclosure of the medical information required pursuant to this section and any psychological information submitted with respect to a person with intellectual disability pursuant to subsection (c) of this section to the respondent's attorney and, upon request, to the respondent. The court may issue an order for the disclosure of such information to any other person as the court determines necessary.

(e) Notwithstanding the provisions of section 45a-7 , the court may hold the hearing on the petition at a place other than its usual courtroom if it would facilitate attendance by the respondent.

(f) (1) If the court finds by clear and convincing evidence that the respondent is incapable of managing the respondent's affairs, that the respondent's affairs cannot be managed adequately without the appointment of a conservator and that the appointment of a conservator is the least restrictive means of intervention available to assist the respondent in managing the respondent's affairs, the court may appoint a conservator of his or her estate after considering the factors set forth in subsection (g) of this section.

(2) If the court finds by clear and convincing evidence that the respondent is incapable of caring for himself or herself, that the respondent cannot be cared for adequately without the appointment of a conservator and that the appointment of a conservator is the least restrictive means of intervention available to assist the respondent in caring for himself or herself, the court may appoint a conservator of his or her person after considering the factors set forth in subsection (g) of this section.

(3) No conservator may be appointed if the respondent's personal needs and property management are being met adequately by an agency or individual appointed pursuant to the provisions of sections 1-350g and 1-352 , or section 19a-575a , 19a-577 , 19a-580e or 19a-580g .

(g) When determining whether a conservator should be appointed the court shall consider the following factors: (1) The abilities of the respondent; (2) the respondent's capacity to understand and articulate an informed preference regarding the care of his or her person or the management of his or her affairs; (3) any relevant and material information obtained from the respondent; (4) evidence of the respondent's past preferences and life style choices; (5) the respondent's cultural background; (6) the desirability of maintaining continuity in the respondent's life and environment; (7) whether the respondent had previously made adequate alternative arrangements for the care of his or her person or for the management of his or her affairs, including, but not limited to, the execution of a durable power of attorney, springing power of attorney, the appointment of a health care representative or health care agent, the execution of a living will or trust or the execution of any other similar document; (8) any relevant and material evidence from the respondent's family and any other person regarding the respondent's past practices and preferences; and (9) any supportive services, technologies or other means that are available to assist the respondent in meeting his or her needs.

(h) The respondent or conserved person may appoint, designate or nominate a conservator or successor conservator pursuant to section 19a-575a , 19a-580e , 19a-580g or 45a-645 , or may, orally or in writing, nominate a conservator or successor conservator who shall be appointed unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person. If there is no such appointment, designation or nomination or if the court does not appoint the person appointed, designated or nominated by the respondent or conserved person, the court may appoint any qualified person, authorized public official or corporation in accordance with subsections (a) and (b) of section 45a-644 . In considering whom to appoint as conservator or successor conservator, the court shall consider (1) the extent to which a proposed conservator has knowledge of the respondent's or conserved person's preferences regarding the care of his or her person or the management of his or her affairs, (2) the ability of the proposed conservator to carry out the duties, responsibilities and powers of a conservator, (3) the cost of the proposed conservatorship to the estate of the respondent or conserved person, (4) the proposed conservator's commitment to promoting the respondent's or conserved person's welfare and independence, and (5) any existing or potential conflicts of interest of the proposed conservator.

(i) If the court appoints a conservator of the estate of the respondent, the court shall require a probate bond. The court may, if it considers it necessary for the protection of the respondent, require a bond of any conservator of the person appointed under this section.

(j) Absent the court's order to the contrary and except as otherwise provided in subsection (b) of section 19a-580e , a conservator appointed pursuant to this section shall be bound by all health care decisions properly made by the conserved person's health care representative.

(k) In assigning the duties of a conservator under this section the court may, in accordance with section 1-350g , limit, suspend or terminate the authority of an agent designated by the conserved person to act under a power of attorney; and the court shall enter a specific order as to whether the authority of the agent is limited, suspended or terminated.

(l) Except as provided in subsection (k) of this section, a conserved person and his agent under a power of attorney shall retain all rights and authority not expressly assigned to the conservator.

(m) The court shall assign to a conservator appointed under this section only the duties and authority that are the least restrictive means of intervention necessary to meet the needs of the conserved person. The court shall find by clear and convincing evidence that such duties and authority restrict the decision-making authority of the conserved person only to the extent necessary to provide for the personal needs or property management of the conserved person. Such personal needs and property management shall be provided in a manner appropriate to the conserved person. The court shall make a finding of the clear and convincing evidence that supports the need for each duty and authority assigned to the conservator.

(n) Nothing in this chapter shall impair, limit or diminish a conserved person's right to retain an attorney to represent such person or to seek redress of grievances in any court or administrative agency, including proceedings in the nature of habeas corpus arising out of any limitations imposed on the conserved person by court action taken under this chapter, chapter 319i, chapter 319j or section 45a-242 . In any other proceeding in which the conservator has retained counsel for the conserved person, the conserved person may request the court to direct the conservator to substitute an attorney chosen by the conserved person.

See Sec. 45a-656 re duties and authority assigned by the court.

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

Cited. 230 C. 828; 233 C. 44. Under 2005 revision, Probate Court does not have statutory authority to issue injunctive orders to third parties to carry out its decisions on behalf of a conserved person; probate bond requirement for conservators evinces a legislative policy that conservators are not entitled to quasi-judicial immunity for acts that are not authorized or approved by the Probate Court. 304 C. 234. Statutory factors in Subsec. (h) wholly supplant any consideration of the “best interests” of a respondent in conservatorship proceedings; respondent's best interests are neither a factor nor an overarching guide in selecting a conservator. 320 C. 178.

Cited. 37 CA 137; 42 CA 70. A conservator may bring a civil action for dissolution of marriage on behalf of a conserved person. 128 CA 259. Probate Court is required to hear evidence on the record concerning a person's suitability and qualifications to be appointed a neutral third party conservator; such requirement is consistent with legislature's goal to establish transparency and accountability in probate proceedings. 130 CA 243. Evidence in adjudication to appoint conservator need not be limited to the specific factual inquiries set forth in Subsec. (h). 151 CA 403; judgment affirmed, see 320 C. 178.

Cited. 44 CS 53.
Conn. Gen. Stat. § 45a-491 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-491
Sec. 45a-491. Statutory rule against perpetuities.
Status: in_force

(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless: (1) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than twenty-one years after the death of an individual then alive; or (2) the condition precedent either is satisfied or becomes impossible to satisfy within ninety years after its creation.

(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: (1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one years after the death of an individual then alive; or (2) the power is irrevocably exercised or otherwise terminates within ninety years after its creation.

(d) In determining whether a nonvested property interest or a power of appointment is valid under subdivision (1) of subsection (a), (b) or (c) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded.

(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust beyond, (2) seeks to postpone the vesting or termination of any interest or trust until, or (3) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding twenty-one years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed twenty-one years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds twenty-one years after the death of the survivor described in subparagraph (A) of this subsection. Nothing in this subsection shall affect the validity of the other provisions of the trust or other property arrangement or of the governing instrument.

(f) With respect to any trust created on or after January 1, 2020, this section and sections 45a-492 to 45a-495 , inclusive, shall apply to a nonvested property interest or power of appointment contained in a trust by substituting “eight hundred years” in place of “ninety years” in each place such term appears in this section and sections 45a-492 to 45a-495 , inclusive, unless the terms of the trust expressly require that all beneficial interests in the trust vest or terminate within a lesser period.
Conn. Gen. Stat. § 45a-128 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-128
Sec. 45a-128. (Formerly Sec. 45-20). Reconsideration, modification or revocation of order or decree.
Status: in_force

(b) Except as provided in subsections (a) and (e) of this section, any order or decree other than a decree authorizing the sale of real estate made by a court of probate may, in the discretion of the court, be reconsidered and modified or revoked by the court, on the court's own motion or on the written application of any interested person. Such application shall be made or filed within one hundred twenty days after the date of such order or decree and before any appeal is allowed or after withdrawal of all appeals. The court may reconsider and modify or revoke any such order or decree for any of the following reasons: (1) For any reason, if all parties in interest consent to reconsideration, modification or revocation, or (2) for failure to provide legal notice to a party entitled to notice under law, or (3) to correct a scrivener's or clerical error, or (4) upon discovery or identification of parties in interest unknown to the court at the time of the order or decree.

(c) Upon any modification or revocation there shall be the same right of and time for appeal as in the case of any other order or decree.

(d) A hearing may be held in the discretion of the court on any motion or application for reconsideration, modification or revocation, and notice of the time and place of such hearing shall be given, in such manner as the court shall order, to all persons to whom notice of the order or decree to be reconsidered or notice of the hearings concerning such order or decree, was given, and to all persons by whom any such notice was waived, and to such other persons as the court may determine.

(e) Except as provided in section 45a-295 , a decree or order made in reference to any estate may not be modified or revoked by a court of probate as to assets lawfully transferred or distributed prior to the date of issuance of notice of hearing on a motion or application for reconsideration of such decree or order, or, if the court determines not to hold any such hearing, prior to the date of the court's order of revocation or modification.

Annotations to former section 45-20:

Power to annul or modify orders made without notice or hearing may be necessarily implied. 31 C. 382. Verbal orders of distribution perfected by formal order unappealed from conclusive. 38 C. 271. Whether order appointing administrator can be revoked without notice, quaere. 39 C. 258. Court cannot admit new will after it has admitted one and estate is fully settled. 76 C. 418. Grants discretionary power to administrator discussed. 81 C. 681. Decree entered after notice given in compliance with the statutes and upon hearing is not ex parte, even as regards a party who had no actual notice. Id., 688; 129 C. 312. Power does not extend to final decree rendered after notice and hearing. 90 C. 530. Court of Probate has no power to revoke order of distribution made after notice to parties, after appeal therefrom has been taken. 92 C. 25. Nor to set aside decrees ordering and accepting distribution although obtained by fraudulent concealment of husband's statutory interest. 107 C. 284. Cited. 150 C. 109; 152 C. 205; Id., 530.

Cited. 9 CS 10; 23 CS 102.

Annotations to present section:

Legislature expressly addressed appellate procedure in this section and did not provide that a motion for revocation made pursuant to this section is an action that tolls the appeals period set forth in Sec. 45a-186c. 210 CA 278.
Conn. Gen. Stat. § 45a-499vv — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499vv
Sec. 45a-499vv. Resignation of trustee.
Status: in_force

(b) A trustee of a testamentary trust may resign with the approval of the court.

(c) In approving a resignation pursuant to subsection (b) of this section, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property, the beneficiaries and the other trustees, and may issue such other orders as law and equity may require.

(d) Any liability of a trustee, former trustee or of any sureties on such trustee's bond for acts or omissions of such trustee is not discharged or affected by such trustee's resignation.
Conn. Gen. Stat. § 45a-487l — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487l
Sec. 45a-487l. Appointment of trust director by transferor.
Status: in_force

(1) Trust directors who have authority under the terms of the trust instrument to remove and appoint qualified trustees or trust directors; and

(2) Trust directors who have authority under the terms of the trust instrument to direct, consent to or disapprove distributions from the trust.

(b) A transferor may serve as trust director, but the power of a trust director, who is the transferor shall be limited to the retention of the veto right permitted by subdivision (1) of section 45a-487n .

(c) For purposes of this section, “trust director” includes a trust director, as defined in section 45a-499c , a trust protector, a trust advisor or any other person who, in addition to a qualified trustee, holds one or more trust powers.
Conn. Gen. Stat. § 45a-294 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-294
Sec. 45a-294. (Formerly Sec. 45-185). Expenses of executor or administrator in will contest.
Status: in_force

(b) If there is an appeal from the order or decree of such court, admitting or refusing to admit to probate the will of such person, the court of probate shall allow to the executor or administrator his just and reasonable expenses in supporting and maintaining or defending against such will, on such appeal.

(c) Such expenses shall be charged by such court pro rata against the respective rights or shares of the devisees and legatees under such will and the distributees of such estate.

Annotation to former section 45-185:

Right of appeal expressly recognized in section. 9 CS 223.

Annotation to present section:

No absurdity results from a court order, issued pursuant to section, granting reimbursement of expenses in defending will in admissions process to nominated executor, and Subsec. (a) expressly provides for reimbursement of expenses whether or not will is admitted to probate. 197 CA 240.
Conn. Gen. Stat. § 45a-778 — Connecticut Code / Title 45a / Chapter 803a / Section 45a-778
Sec. 45a-778. (Formerly Sec. 45-69m). Words of inheritance to apply to child conceived through A.I.D.
Status: in_force

(b) The provisions of this section shall apply to wills and trust instruments whether or not executed before, on or after October 1, 1975, unless the instrument indicates an intent to the contrary.

See Sec. 45a-262 re application of words of inheritance to child conceived through A.I.D. or child of decedent conceived and born after death of decedent.
Conn. Gen. Stat. § 45a-186b — Connecticut Code / Title 45a / Chapter 801b / Section 45a-186b
Sec. 45a-186b. Appeal from probate court after a hearing on the record: Standard of review.
Status: in_force

Because the record is bereft of any evidence regarding defendant or his qualifications to be conservator and because the interested parties did not have the opportunity to weigh in on his selection, the appointment of defendant was therefore arbitrary and constituted an abuse of discretion. 130 CA 243.
Conn. Gen. Stat. § 45a-450 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-450
Sec. 45a-450. (Formerly Sec. 45-286). Descent or distribution of real property to be recorded.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, a court of probate may, upon request of the fiduciary responsible for filing the account and after such notice and hearing as the court may order, issue a certificate as provided in said subsection prior to the acceptance of a final administration account if it finds that issuing such certificate is in the best interests of the parties in interest.

(c) If any fiduciary fails to perform the duties imposed upon him by the provisions of this section, he shall be fined not more than twenty-five dollars.

See Sec. 12-363 re duty of surviving joint tenant to obtain and record in land records a certificate concerning death of co-owner and payment of succession tax.

Annotation to former section 45-286:

Cited. 13 CA 45.
Conn. Gen. Stat. § 45a-208 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-208
Sec. 45a-208. (Formerly Sec. 45-100q). Authorization to deposit securities in clearing corporation.
Status: in_force

(b) This section shall apply to any fiduciary holding securities in its fiduciary capacity and to any state bank, trust company or national bank holding securities as a custodian, managing agent or custodian for a fiduciary, acting on October 1, 1972, or who thereafter may act regardless of the date of the agreement, instrument or court order by which it is appointed and regardless of whether or not such fiduciary, custodian, managing agent or custodian for a fiduciary owns capital stock of such clearing corporation.

See Sec. 45a-199 for definition of “fiduciary”.
Conn. Gen. Stat. § 45a-369 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-369
Sec. 45a-369. (Formerly Sec. 45-230r). Order of liability; preferences.
Status: in_force

(b) For the purposes of subsection (a) of this section: (1) A beneficiary of a demonstrative disposition shall be treated as a beneficiary of a general disposition to the extent the property or fund charged with a demonstrative disposition has adeemed. (2) A beneficiary of a demonstrative disposition shall be treated as a beneficiary of a specific disposition if the property or fund charged with a demonstrative disposition has not adeemed, to the extent of the value of such property or fund.

(c) A beneficiary who receives assets, which assets are security for the payment of a debt of the decedent, shall be liable for such debt prior to any other beneficiary, in an amount not to exceed the difference between the fair market value of such assets received by him and the amount which such secured creditor shall have realized on the disposition of such security.

(d) The order of liability provided in subsection (a) of this section shall not apply to the liability for an estate, succession or other death tax under the law of this state or of any other jurisdiction, with respect to any property required to be included in the gross tax estate of a decedent under the provisions of any such law. The apportionment of the United States estate taxes and the estate and succession taxes in this state, and the liability under section 45a-368 of beneficiaries consequent to such apportionment, are governed by the provisions of sections 12-401 and 12-376 , respectively, and the apportionment of such taxes assessed by another jurisdiction, and the liability of the beneficiaries under section 45a-368 therefor, shall be governed by the apportionment statutes of such other jurisdiction.

(e) The express or implied intention of the testator to prefer certain beneficiaries shall be effective to vary the order of liability prescribed by subsection (a) of this section.

(f) If in an action under section 45a-368 , it is established to the satisfaction of the court that: (1) The defendant is liable for the payment of two or more of the obligations described in subsection (a) of said section, preference in the payment of such obligations must be given in the order prescribed by law for payment of the obligations of the decedent and his estate. (2) An unsatisfied obligation described in subsection (a) of said section exists which is legally preferred to that of the plaintiff, the existence of such unsatisfied obligation is a defense to the action if the aggregate value of the assets passing to the defendant does not exceed the defendant's pro rata share, as provided in section 45a-370 , of such unsatisfied obligation. If the aggregate value of the assets passing to the defendant exceeds such pro rata share of such unsatisfied obligation, the plaintiff, subject to the provisions of section 45a-370 , may recover such excess from the defendant.

(g) (1) If at any time payment with respect to an obligation described in subsection (a) of section 45a-368 is made by a beneficiary having a lower order of liability than another beneficiary or beneficiaries, or out of assets due such beneficiary having a lower order of liability, then the beneficiary having a lower order of liability shall be entitled to recover the amount so paid from any beneficiary prior in liability to him under subsection (a) of this section who remains liable under sections 45a-266 , 45a-353 to 45a-384 , inclusive, and 45a-436 without regard to the limitations of sections 45a-370 and 45a-373 . (2) If by application of subdivision (1) of subsection (g) of this section any beneficiary has paid more than his ratable obligation, as defined in section 45a-370 , such beneficiary shall be entitled to contribution from any beneficiary within the same order of liability without regard to the limitations of sections 45a-370 and 45a-373 .
Conn. Gen. Stat. § 45a-18 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-18
Sec. 45a-18. (Formerly Sec. 45-5). Election of judges. Term of office. Clerks. Judges first elected or with break in service on or after January 5, 2011, to be members of state bar.
Status: in_force

(b) Each judge of probate shall hold office for four years beginning on the Wednesday after the first Monday in January next following his or her election.

(c) Each judge of probate, before entering upon his or her duties as a judge of probate, shall be sworn and shall record his or her certificate of election upon the records of his or her court of probate.

(d) Each judge of probate shall appoint a clerk and may appoint one or more assistant clerks, each of whom shall be sworn to a faithful performance of such clerk's duties and shall, when required, give whatever bond the judge deems necessary. Each such clerk shall continue in office until such clerk resigns, is removed or is superseded.

(e) Each judge of probate elected for a term that begins on or after January 5, 2011, shall be a member of the bar of the state of Connecticut, except that the requirements of this subsection shall not apply to any judge of probate who was in office on January 4, 2011, for the period such judge of probate continues to serve as a judge of probate on and after January 5, 2011, without a break in service.

Annotations to former section 45-5:

In the earliest period of our government, powers of a judge of probate were vested in the “particular court”; in May, 1666, they were transferred to the several county courts, and in October, 1698, to the respective judge with two justices of the quorum; in May, 1716, courts of probate were required to be holden by one judge, with a clerk in each county; the first probate districts less than a county were formed in October, 1719; clerk retains his office until he resigns, is removed, or superseded. 26 C. 425. Disbarment of judge as attorney does not disqualify him. 88 C. 447.
Conn. Gen. Stat. § 45a-10 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-10
Sec. 45a-10. (Formerly Sec. 45-14). Fire-resistant safe or vault. Office space to be provided for records. Duties of Public Records Administrator and State Librarian re compliance.
Status: in_force

(b) If the proper authorities in any probate district fail to provide such safe or vault or office space, the Public Records Administrator may order the proper authorities in the probate district to provide such safe or vault or office space. If such provision is not made within a reasonable time thereafter, the Public Records Administrator shall so advise the State Librarian, who may seek enforcement of compliance with the order. The State Librarian shall send a copy of such order to the chief administrative officers of the town or towns comprising the district, the Probate Court Administrator and the judge of the probate district. The order shall specify the time within which the order shall be complied with. In setting such time for compliance, the State Librarian shall take into consideration the availability of facilities or equipment or the need for the construction or purchase thereof. The State Librarian may cause the enforcement of any such order by application to the Superior Court, or to any judge thereof if said court is not then sitting, to issue an appropriate decree or process, which application shall be brought and the proceedings thereon conducted by the Attorney General.

(c) All fire-resistant rooms or vaults and all safes for the safekeeping of any such public records shall conform to regulations adopted by the Public Records Administrator, in accordance with chapter 54, and shall be furnished with fittings of a noncombustible nature.
Conn. Gen. Stat. § 45a-617 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-617
Sec. 45a-617. (Formerly Sec. 45-45b). Appointment of guardian, coguardians or permanent guardian of the person of a minor.
Status: in_force

(b) 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 .

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

Annotation to former section 45-45b:

Cited. 193 C. 393.

Annotations to present section:

Cited. 237 C. 233.

Cited. 44 CS 169.
Conn. Gen. Stat. § 45a-499oo — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499oo
Sec. 45a-499oo. Revocation or amendment of revocable trust.
Status: in_force

(b) If a revocable trust is created or funded by more than one settlor: (1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; and (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the part of the trust property attributable to the settlor's contribution.

(c) With respect to a revocable trust:

(1) The settlor may revoke or amend the trust by substantial compliance with a method provided in the terms of the trust.

(2) If the terms of the trust do not provide a method to revoke or amend the trust, or the method provided in the terms is not expressly made exclusive, the settlor may revoke or amend the trust by (A) executing a later will or codicil that has been admitted to probate and that expressly refers to the trust or expressly devises specifically identified items of real or personal property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent, provided (i) a written revocable trust may be amended only by a later written instrument; and (ii) a written revocable trust may be revoked only by a later written instrument or by the burning, cancellation, tearing or obliteration of the revocable trust by the settlor or by some person in the settlor's presence and at the settlor's direction.

(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

(e) A settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power of attorney.

(f) Unless expressly prohibited by the terms of the trust, a conservator of the settlor may exercise a settlor's powers with respect to revocation, amendment or distribution of trust property with approval of the trustee and the court supervising the conservatorship.

(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

(h) A trust created pursuant to 42 USC 1396p(d)(4), as amended from time to time, is irrevocable if the terms of the trust prohibit the settlor from revoking it, even if the settlor's estate or the settlor's heirs at law are named as the remainder beneficiary of the trust upon the settlor's death.
Conn. Gen. Stat. § 45a-615 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-615
Sec. 45a-615. (Formerly Sec. 45-43b). False or malicious application for removal of guardian. Penalty.
Status: in_force

Annotation to former section 45-43b:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-674 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-674
Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian. Evidence. Report by assessment team. Cross-examination of witnesses. Payment of fees for assessment team. Exception to report or testimony requirement.
Status: in_force

(b) The written report or testimony by the assessment team shall not be required for a hearing on the appointment of a plenary guardian or limited guardian if the individual has been determined ineligible for services of the Department of Developmental Services by the commissioner or his or her designee, provided such denial of eligibility is based on the determination that the individual does not have intellectual disability as defined in section 1-1g . A copy of the eligibility determination letter indicating that the basis of ineligibility is the absence of intellectual disability, as defined in section 1-1g , shall be provided to the Probate Court in lieu of a report by the assessment team and no further assessment by the team shall be required.
Conn. Gen. Stat. § 45a-123 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-123
Sec. 45a-123. (Formerly Sec. 45-22). Referral to probate magistrate or attorney probate referee. Report. Hearing. Court decree.
Status: in_force

(2) The probate magistrate or attorney probate referee to whom the matter is referred shall hear the matter and file a report with the court on his or her findings of fact and conclusions drawn therefrom not later than sixty days after the conclusion of such hearing. The probate magistrate or attorney probate referee may file an amendment to the report with the court prior to the date the court accepts, modifies or rejects the report pursuant to subdivision (4) of this subsection. Upon the filing of any report or amendment to a report under this subdivision, the probate clerk shall provide a copy of the report or amendment to the report to the parties and their attorneys.

(3) Any party aggrieved by a finding of fact or a conclusion drawn therefrom in a report or amendment to a report may file an objection with the court not later than twenty-one days after the date the report was filed pursuant to subdivision (2) of this subsection.

(4) At least twenty-one days after a report is filed pursuant to subdivision (2) of this subsection, the court shall hold a hearing on the report and any amendment to the report or objection filed pursuant to this subsection. Not later than thirty days after the conclusion of a hearing under this subdivision, the court shall determine whether to accept, modify or reject the report or any amendment to the report. If the court finds that the probate magistrate or attorney probate referee has materially erred in his or her findings or conclusions in such report or amendment or that there are other sufficient reasons why the report or amendment should not be accepted, the court shall, in the court's discretion, modify or reject the report or amendment. If the court rejects the report and any amendment to the report, the court may hear and determine the matter or refer the matter to a different probate magistrate or attorney probate referee assigned by the Probate Court Administrator pursuant to section 45a-123a to hear the matter and report his or her findings of fact and conclusions drawn therefrom in accordance with subdivision (2) of this subsection, provided the parties or their attorneys consent to such referral. If the court accepts or modifies the report or amendment, the court shall issue a decree.

(5) The court shall give notice to the parties and their attorneys of the time and place of any hearing under this subsection.

(b) A probate magistrate or attorney probate referee assigned by the Probate Court Administrator pursuant to section 45a-123a may hear any matter referred to such probate magistrate or attorney probate referee by the truancy clinic established in section 45a-8c .

(c) Each probate magistrate and attorney probate referee shall be sworn to faithfully perform the duties of a probate magistrate or attorney probate referee, as the case may be, and shall have all the powers conferred by law upon judges of probate for procuring the attendance of witnesses and for punishing for contempt.

Annotation to former section 45-22:

Report of committee will not be rejected when unbalanced where lack of balance resulted from item which parties had agreed to and defendant made payments, chargeable to decedent, that exceeded discrepancy. 150 C. 637.
Conn. Gen. Stat. § 45a-329 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-329
Sec. 45a-329. (Formerly Sec. 45-257c). Settlement of estate on presumption of death.
Status: in_force

(b) If such person left a will, it shall be presented for probate, and, if he left no will, administration on his estate shall be granted by the court of probate having jurisdiction, as provided in section 45a-303 , and his estate may be settled and distributed in the same manner as if he were known to be dead.

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

See Sec. 45a-446 re distribution of estate when heir is presumed dead.

Annotations to former section 45-199:

Section valid; notice necessary. 88 C. 425. Scope of statute; application limited to question of administration of estates; common law presumption unchanged in other cases. 108 C. 276.

Presumption of death is one of death only and not of time of death. 7 CS 106.
Conn. Gen. Stat. § 45a-579 — Connecticut Code / Title 45a / Chapter 802g / Section 45a-579
Sec. 45a-579. (Formerly Sec. 45-300). Disclaimer of property in decedent's estate. Time limitation. Effect of disclaimer.
Status: in_force

(b) (1) A guardian or conservator of the estate of a minor or incapable person, an executor, administrator or other personal representative of the estate of a decedent, if such fiduciary is not authorized by will to disclaim, or a trustee under a will or nontestamentary trust instrument which does not authorize such trustee to disclaim, may with approval of any probate court having jurisdiction under subdivision (3) of this subsection, disclaim on behalf of such minor, incapable person, decedent, decedent's estate, or trust, within the same time and in the same manner as could a capable person.

(2) If the will under which an executor, administrator or other personal representative of the estate of a decedent or the will or trust instrument under which a trustee of a testamentary or nontestamentary trust is acting authorizes such fiduciary to disclaim and does not expressly require Probate Court approval of a disclaimer, such fiduciary may disclaim on behalf of such decedent, estate or trust within the same time and in the same manner as could a capable person and need not seek approval of the Probate Court for such disclaimer, provided such fiduciary may petition any probate court having jurisdiction under subdivision (3) of this subsection for authority to disclaim.

(3) A guardian or conservator of the estate of a minor or incapable person, an executor, administrator or other personal representative of the estate of a decedent, or a trustee under a will or a nontestamentary trust instrument may file a petition requesting authority to disclaim an interest under a will or passing by intestacy in the probate court having jurisdiction over such disclaiming fiduciary, and if there is no such court in this state, in the probate court for any district (A) having jurisdiction over the estate or trust from which the interest to be disclaimed is derived, (B) where such disclaiming fiduciary, if not a natural person, has a place of business, (C) where the testator or intestate person from whom the interest to be disclaimed derives resided at the time of death, (D) where the settlor of the disclaiming trust resided at the time of its creation, resided at the time of such settlor's death or resides at the time of such petition or, (E) where the disclaiming fiduciary or any beneficiary of the disclaiming estate or trust resides. The Probate Court shall have jurisdiction over proceedings for authority to disclaim as provided for in this subdivision. A petition requesting authority to disclaim by a fiduciary of an estate or trust not otherwise subject to the jurisdiction of the Probate Court shall not subject such estate or trust or its fiduciary to the continuing jurisdiction of the Probate Court.

(c) The disclaimer shall (1) describe the interest disclaimed, (2) be executed by the disclaimant in the manner provided for the execution of deeds of real property either by the laws of this state or by the laws of the place of execution, and (3) declare the disclaimer and the extent thereof.

(d) A disclaimer under this section shall be effective if made in the following manner: (1) A disclaimer of a present interest shall be delivered not later than the date which is nine months after the later of: (A) The death of the decedent or the donee of the power or, (B) if the disclaimer is made by or on behalf of a natural person, the day on which such person attains the age of eighteen years, or, if such person does not survive to the age of eighteen years, the day on which such person dies; (2) a disclaimer of a future interest shall be delivered not later than the date which is nine months after the later of: (A) The event that determines that the taker of the interest is finally ascertained and such interest is indefeasibly vested or, (B) if the disclaimer is made by or on behalf of a natural person, the day on which such person attains the age of eighteen years, or, if such person does not survive to the age of eighteen years, the day on which such person dies; (3) the disclaimer shall be delivered to the legal representative of the estate of the decedent or deceased donee of the power or the holder of the legal title to the property to which the interest relates; and (4) if an interest in real property is disclaimed, a copy of such disclaimer shall also be recorded in the office of the town clerk of the town in which the real property is situated within such nine-month period, and, if a copy of such disclaimer is not so recorded, it shall be ineffective against any person other than the disclaimant, or the person on whose behalf such disclaimer is made, but only as to such real property interest. Although not a condition to disclaimer, if within such nine-month period, a copy of such disclaimer and a receipt therefor, executed by such legal representative or such holder of legal title in the same manner as provided for the disclaimer, are filed in the probate court having jurisdiction over the estate of the decedent or deceased donee, such action shall constitute conclusive evidence of timely disclaimer.

(e) If a disclaimer is made pursuant to this section, the interest disclaimed shall devolve as follows:

(1) If the deceased owner or donee of a power of appointment has provided for another disposition in the event of a disclaimer, the interest disclaimed shall devolve as provided in the will in the event of a disclaimer.

(2) If the deceased owner or donee of a power of appointment has not provided for another disposition in the event of a disclaimer, the interest disclaimed shall devolve as follows:

(A) If the disclaimant is a natural person acting for himself or herself, the interest disclaimed shall devolve as if the disclaimant had predeceased the deceased owner or the donee of the power of appointment, as the case may be.

(B) If the disclaimant is acting on behalf of a natural person, as attorney-in-fact, guardian, conservator or other personal representative, the interest disclaimed shall devolve as if the person on whose behalf the disclaimer is made had predeceased the deceased owner or the donee of the power of appointment, as the case may be.

(C) If the disclaimant is an executor, administrator or other personal representative acting on behalf of a deceased person, the interest disclaimed shall devolve as if the deceased person on whose behalf the disclaimer is made had predeceased the deceased owner or the donee of the power of appointment, as the case may be.

(D) If the disclaimant is an executor, administrator or other personal representative acting on behalf of an estate, the disclaimed interest, other than an interest that is a fiduciary power, shall devolve as if the disposition to the estate were ineffective.

(E) If the disclaimant is the trustee of a trust or is a corporation, partnership, limited liability company, foundation, or other entity, the disclaimed interest, other than an interest that is a fiduciary power, shall devolve as if the disposition to the trust or entity were ineffective.

(F) If the disclaimant is an executor, administrator, trustee, or other personal representative and the interest disclaimed is a fiduciary power, the effect of such disclaimer shall be as follows: (i) If the disclaimer is made by all of the acting fiduciaries for themselves and on behalf of all successor fiduciaries, then the disclaimed fiduciary power shall be treated, for all current acting fiduciaries and for all successor fiduciaries, as if such fiduciary power never existed; (ii) if the disclaimer is made by a fiduciary for such fiduciary alone but not on behalf of other or successor fiduciaries, then the disclaimed fiduciary power shall be treated, as to such disclaiming fiduciary, as if such fiduciary power never existed; however, such fiduciary power shall continue to be exercisable by any fiduciary who has not disclaimed such power and by all successor fiduciaries.

(3) If a disclaimer is addressed to an interest disposed of by a particular provision of a will, then the interest disclaimed shall devolve pursuant to subdivisions (1) and (2) of subsection (e) of this section, but only for purposes of such provision, and such interest may devolve to or for the benefit of the disclaimant, or the person, estate, trust, corporation, partnership, limited liability company, foundation, or other entity on whose behalf the disclaimer is made, under other provisions of such will, by intestacy or otherwise.

(4) Any future interest that takes effect in possession or enjoyment at or after the termination, whether by death or otherwise, of the interest disclaimed shall, unless otherwise provided in the will, take effect, (A) in the case of a disclaimer by or on behalf of a natural person, as if the disclaimant or the person on whose behalf the disclaimer is made had predeceased the deceased owner or the donee of the power, as the case may be, or (B) in the case of a disclaimer on behalf of a trust, estate, corporation, partnership, limited liability company, foundation, or other entity, as if the disposition to such entity were ineffective.

(5) A disclaimer shall relate back for all purposes to the date of death of the deceased owner or of the donee of the power of appointment.

(f) In a case in which the estate of a decedent receives a settlement in a wrongful death action and a beneficiary of the estate dies intestate within seven months of the prior decedent, and such beneficiary's estate receives some part of such settlement, subsection (d) of this section shall be waived, and the interest of the beneficiary may be disclaimed without being subject to a nine-month disclaimer period, provided such disclaimer is made on or before December 1, 1997.

Annotation to former section 45-300:

Cited. 211 C. 323.
Conn. Gen. Stat. § 45a-325 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-325
Sec. 45a-325. (Formerly Sec. 45-257). Execution of contract of decedent for sale of real property.
Status: in_force

Annotations to former section 45-257:

Bond for deed containing personal covenant only is binding on estate. 38 C. 86. Under statute, court cannot determine disputed title to land. 84 C. 561. Estate of owner of real property under contract of sale becomes under equitable conversion an estate in personalty; administrator's deed valid to convey land under contract made by deceased, without bond by administrator. 109 C. 315. Probate Court may authorize conveyance if there is not a substantial dispute as to the rights of the parties. 126 C. 435. Option to purchase land comes within purview of statute. 156 C. 175.
Conn. Gen. Stat. § 45a-282 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-282
Sec. 45a-282. (Formerly Sec. 45-164). Custodian of will to deliver it after testator's death. Penalty.
Status: in_force

(b) On the neglect of such person to do so within the period of thirty days after he has knowledge of the death of the testator, he shall be fined not more than one thousand dollars or imprisoned not more than one year or both.

Annotations to former section 45-164:

Cited. 67 C. 320. Suppression of last will and substitution of revoked earlier one constitute violation of statute, and agreement to do so is void. 124 C. 96. Cited. 194 C. 635.

Cited. 5 CS 297. Must be read with Secs. 45-163 and 45-165. 14 CS 370.
Conn. Gen. Stat. § 45a-753 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-753
Sec. 45a-753. (Formerly Sec. 45-68l). Obtaining consent of person whose identity is requested. Petition to court.
Status: in_force

(b) If the child-placing agency or department is out-of-state and unwilling to expend time for such purpose, the Probate Court or Superior Court that finalized the adoption or terminated parental rights shall upon petition appoint a licensed or approved child-placing agency or the department to complete the requirements of this section.

(c) If the relative whose identity is requested cannot be located or appears to be incompetent but has not been legally so declared, the Probate Court or the Superior Court shall appoint a guardian ad litem under the provisions of section 45a-132 , at the expense of the person making the request. The guardian ad litem shall decide whether to give consent on behalf of the relative whose identity is being requested.

(d) If the relative whose identity has been requested has been declared legally incapable or incompetent by a court of competent jurisdiction, then the legal representative of such person may consent to the release of such information.

(e) Such guardian ad litem or legal representative shall give such consent unless after investigation he or she concludes that it would not be in the best interest of the adult person to be identified for such consent to be given. Except as provided in section 45a-751c , if release of the information requires the consent of such guardian ad litem or legal representative, or if the person whose identity is sought is deceased, only the following information may be released: (1) All names by which the person whose identity is being sought has been known, and all known addresses; (2) the date and place of such person's birth; (3) all places where such person was employed; (4) such person's Social Security number; (5) the names of educational institutions such person attended; and (6) any other information that may assist in the search of a person who cannot be located.
Conn. Gen. Stat. § 45a-709 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-709
Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior to statutory changes.
Status: in_force

(b) Applications for termination of parental rights, appointment of statutory parents or for adoptions or any actions taken in accordance with the applications which were received by the Court of Probate prior to May 10, 1974, shall be valid if they conform to the provisions of sections 17a-112 , 17a-148 , 45a-606 , 45a-706 to 45a-708 , inclusive, 45a-715 to 45a-718 , inclusive, 45a-724 , 45a-727 , 45a-731 to 45a-734 , inclusive, and 52-231a in effect on May 9, 1974.
Conn. Gen. Stat. § 45a-542t — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542t
Sec. 45a-542t. Timber.
Status: in_force

(1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

(2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

(3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in subdivisions (1) and (2) of this subsection; or

(4) To principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to subdivision (1), (2) or (3) of this subsection.

(b) In determining net receipts to be allocated pursuant to subsection (a) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

(c) Sections 45a-542 to 45a-542ff , inclusive, apply whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.

(d) If a trust owns an interest in timberland on January 1, 2000, the trustee may allocate net receipts from the sale of timber and related products as provided in sections 45a-542 to 45a-542ff , inclusive, or in the manner used by the trustee before January 1, 2000. If the trust acquires an interest in timberland after January 1, 2000, the trustee shall allocate net receipts from the sale of timber and related products as provided in sections 45a-542 to 45a-542ff , inclusive.
Conn. Gen. Stat. § 45a-610 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-610
Sec. 45a-610. (Formerly Sec. 45-44c). Removal of parent as guardian.
Status: in_force

Annotations to former section 45-44c:

Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.

Annotations to present section:

Cited. 237 C. 233.

Cited. 34 CA 129; judgment reversed, see 234 C. 51. Trial court record supports clear and convincing evidence standard; parent-child relationship not an exceptional circumstance allowing constitutional claim to be raised for the first time on appeal. 47 CA 105. Evidence of arrests not resulting in convictions admissible where parent alleged to have denied care as a result of habits or misconduct. 50 CA 818.

Cited. 44 CS 169.
Conn. Gen. Stat. § 45a-660 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-660
Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review of conservatorship by court.
Status: in_force

(b) (1) In any case under subsection (a) of this section the conservator shall file in the court the conservator's final account, and the court shall audit the account and allow the account if it is found to be correct. If the conserved person is living, the conserved person and the conserved person's attorney, if any, shall be entitled to notice by first class mail of any hearing held on the final account. (2) The court of probate having jurisdiction shall send written notice annually to the conserved person and the conserved person's attorney that the conserved person has a right to a hearing under this section. Upon receipt of request for such hearing the court shall set a time and date for the hearing, which date shall not be more than thirty days from the receipt of the request unless continued for cause shown.

(c) The court shall review each conservatorship not later than one year after the conservatorship was ordered, and not less than every three years after such initial one-year review. After each such review, the court shall continue, modify or terminate the order for conservatorship. The court shall receive and review written evidence as to the condition of the conserved person. The conservator and a physician licensed to practice medicine in this state shall each submit a written report to the court not more than forty-five days after the court's request for such report, except that for a person with intellectual disability, as defined in section 1-1g , a psychologist licensed pursuant to chapter 383 may submit such written report in lieu of a physician. On receipt of a written report from the conservator or a physician or psychologist, as the case may be, the court shall provide a copy of the report to the conserved person and the attorney for the conserved person. If the conserved person is unable to request or obtain an attorney, the court shall appoint an attorney. If the conserved person is unable to pay for the services of the attorney, the reasonable rates of compensation of such attorney shall be established by, and the attorney 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 rates of compensation shall be established by the Probate Court Administrator and the attorney shall be paid from the Probate Court Administration Fund. The physician or psychologist, as the case may be, shall examine the conserved person not more than forty-five days prior to the date of submission of the physician's or psychologist's report. Any physician's or psychologist's report filed with the court pursuant to this subsection shall be confidential. The court may issue an order for the disclosure of medical information or psychological information received pursuant to this subsection, except that the court shall issue an order for the disclosure of such information to the conserved person's attorney. Not later than thirty days after receipt of the conservator's report and the physician's or psychologist's report, as the case may be, the attorney for the conserved person shall notify the court that the attorney has met with the conserved person and shall inform the court as to whether a hearing is being requested. Nothing in this section shall prevent the conserved person or the conserved person's attorney from requesting a hearing at any other time as permitted by law.

(d) If the court finds, after receipt of the reports from the attorney for the conserved person, the physician or psychologist, as the case may be, and the conservator, by clear and convincing evidence, that the conserved person continues to be incapable of managing his or her affairs or continues to be incapable of caring for himself or herself, as the case may be, and that there are no less restrictive means available to assist the conserved person in managing his or her affairs or caring for himself or herself, as the case may be, the court shall continue or modify the conservatorship under the terms and conditions of the appointment of the conservator under section 45a-650 . If the court does not make such a finding of continued incapacity by clear and convincing evidence, the court shall terminate the conservatorship. A hearing on the condition of the conserved person shall not be required under this subsection, except that the court may hold a hearing in its discretion and shall hold a hearing if the conserved person, conserved person's attorney or conservator requests a hearing, in which case the court shall hold a hearing within thirty days of such request.

Annotations to former section 45-77:

Failure of court to appoint successor to conservator who resigned and return of possession of property to ward held to terminate conservatorship. 113 C. 606. Cited. 192 C. 479; 209 C. 260.

Cited. 2 CA 251.
Conn. Gen. Stat. § 45a-519 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-519
Sec. 45a-519. (Formerly Sec. 45-79a). Superior Court or Probate Court jurisdiction to reform instruments to federal tax requirements.
Status: in_force

(b) The Superior Court or the Probate Court are empowered to reform any such will, trust agreement or other governing instrument only to the extent necessary in order to ensure the allowance of any deduction described in subsection (a) of this section, and 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 provisions of the governing instrument as provided in section 45a-514 .

(d) 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.

(e) This section shall be applicable to any action commenced on or after July 18, 1984.

See Sec. 45a-485 re reformation of instrument to ensure allowance of marital deduction.

Annotations to former section 45-79a:

Cited. 9 CA 825.

Cited. 39 CS 80.
Conn. Gen. Stat. § 45a-437 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-437
Sec. 45a-437. Intestate succession. Distribution to spouse.
Status: in_force

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely;

(2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely;

(3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely;

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.

(b) For the purposes of this section:

(1) Issue includes children who qualify for inheritance under the provisions of section 45a-438 and the legal representatives of such children;

(2) A person shall be considered a parent if the person qualifies for inheritance from or through the child under the provisions of section 45a-438b .

See Sec. 45a-436(g) re intestate share of surviving spouse who, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.

Cited. 226 C. 51; 238 C. 839. Subsec. (a): A September 11th Victim Compensation Fund award is payment made directly to plaintiff in express contemplation of the absence of probate court supervision over plaintiff's receipt and use of the award and was not the property of the decedent or the decedent's estate, thus the Probate Court lacked jurisdiction over the award as part of its supervision of the administration of intestate estates under Subsec. 331 C. 385.

Cited. 34 CA 579.
Conn. Gen. Stat. § 45a-664 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-664
Sec. 45a-664. Definitions. Petition to remove financial hold or hold by broker-dealer or investment advisor. Hearing.
Status: in_force

(1) “Eligible adult” has the same meaning as provided in subsection (f) of section 36b-14 ;

(2) “Financial institution” means any (A) Connecticut bank or Connecticut credit union, as those terms are defined in section 36a-2 , (B) institution that engages in the business of banking or a credit union that is chartered out of state, as that term is defined in section 36a-2 , (C) subsidiary or affiliate of any such bank, credit union or institution described in subparagraphs (A) and (B) of this subdivision, and (D) national banking association, federal savings bank, federal savings and loan association, or institution chartered or organized as a federal credit union under the laws of the United States;

(3) “Financial hold” means the refusal of a financial institution to (A) complete any transaction, including, but not limited to, a transaction as defined in section 36a-253 , or (B) disburse the proceeds of any transaction upon a deposit account, funds, safe deposit box, securities or other property in the custody of the financial institution; and

(4) “Hold by a broker-dealer or investment advisor” means the temporary hold on a disbursement of funds or securities or a transaction in securities from the account of an eligible adult, including, but not limited to, an account of which an eligible adult is a beneficiary, as provided in subsection (f) of section 36b-14 , by a broker-dealer or investment advisor.

(b) An eligible adult, or the authorized legal representative of the eligible adult, may petition the Probate Court to remove a financial hold imposed by a financial institution under section 36a-253 or a hold by a broker-dealer or investment advisor. The petition shall be filed in the Probate Court for the probate district in which the eligible adult resides, is domiciled or is located at the time such petition is filed, or where the financial institution has an office, except that, if the eligible adult is under conservatorship, the petition shall be filed in the Probate Court for the probate district in which such conservatorship is pending. The petition shall state: (1) The name, date of birth and address of the eligible adult; (2) the name and address of the eligible adult's spouse, if any; (3) the name and address of the eligible adult's conservator, if any; (4) the name and address of the petitioner, if the petitioner is not the eligible adult; (5) the name and address of the financial institution, broker-dealer or investment advisor imposing the financial hold or the hold by a broker-dealer or investment advisor; (6) whether the Department of Social Services is known to be investigating the welfare of the eligible adult; (7) whether a petition to appoint a conservator is pending in any Probate Court, and if such a petition is pending, a description of the Probate Court in which such petition is pending; (8) a description of the transaction that is the subject of the financial hold or the hold by a broker-dealer or investment advisor; and (9) a statement as to why the transaction will not result in financial exploitation of the eligible adult.

(c) The Probate Court shall set a time and place for a hearing on such petition to be held not later than ten days after the date on which the petition is filed, unless continued by the Probate Court for cause shown, and shall give such notice of the hearing as it may direct to each person and institution identified in subdivisions (1) to (5), inclusive, of subsection (b) of this section and to the Commissioner of Social Services.

(d) If the Probate Court determines that there is no reasonable cause to conclude that the transaction or disbursement that is the subject of the hold may involve, facilitate, result in or contribute to the financial exploitation of the eligible adult, or finds that the eligible adult is not a resident of the state, the Probate Court shall order the release of the financial hold or the hold by a broker-dealer or investment advisor. If the Probate Court determines that there is such reasonable cause, the Probate Court may order that the financial hold be modified or continued for a period not to exceed thirty days from the date of the order or until the appointment of a conservator for the eligible adult, whichever occurs first.

(e) Upon disposition of a petition under this section, the Probate Court may order that the petitioner be reimbursed for the fee to file the petition set forth in subsection (b) of section 45a-106a , as the Probate Court deems equitable, except that no financial agent shall be responsible for such reimbursement and a financial institution shall be liable for such reimbursement only if the Probate Court finds that the financial institution did not have reasonable cause to believe that a transaction or disbursement involving an account of an eligible adult may have involved, facilitated, resulted in or contributed to the financial exploitation of such eligible adult.

(f) Nothing in this section shall be construed to limit any immunities, causes of action or remedies provided under the Connecticut Uniform Power of Attorney Act, sections 1-350 to 1-353b , inclusive.
Conn. Gen. Stat. § 45a-260 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-260
Sec. 45a-260. (Formerly Sec. 45-173a). Uniform Testamentary Additions to Trusts Act.
Status: in_force

(b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) of this section is not held under a testamentary trust of the testator but becomes a part of the trust to which it is devised or bequeathed, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.

(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death shall cause the devise or bequest to lapse.

(d) This section shall be effective as to (1) any devise or bequest made by a will executed on or after October 1, 1994, and (2) any devise or bequest made by a will executed prior to October 1, 1994, provided the testator was living on said date.

(e) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

(f) This section may be cited as the “Uniform Testamentary Additions to Trusts Act”.
Conn. Gen. Stat. § 45a-233 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-233
Sec. 45a-233. (Formerly Sec. 45-100d). Construction of statutes in this part.
Status: in_force

(b) Use of terminology. In all cases, the singular includes the plural of said terms and vice versa. Reference to any person by use of the neuter term “it” includes masculine and feminine and vice versa.

(c) Incorporation of certain powers by reference in will or trust instrument. By an expressed intention of the testator or settlor so to do contained in a will or in an instrument in writing whereby a trust estate is created inter vivos, any one or more or all of the powers or any portion thereof enumerated in section 45a-234 , as they exist at the time of the signing of a will by the testator or at the time of the signing by the first settlor who signs a trust instrument, may be, by appropriate reference made thereto, incorporated in such will or other instrument, with the same effect as though such language were set forth verbatim in such will or other instrument. If a codicil or amendment to a trust instrument has been executed, the incorporated powers contained in such will or other instrument shall remain unchanged unless modified or otherwise altered by such codicil or amendment. Incorporation of one or more or all of the powers contained in said section by reference to said section shall be in addition to and not in limitation of other powers in the will or other instrument and of the common law powers or other statutory powers of the fiduciary. Any one or more or all of the additional powers or any portions thereof enumerated in section 45a-235 also may be incorporated by reference as therein provided but only to the extent they are individually referred to in such will or other instrument. In the event of a conflict between one or more of the powers contained in sections 45a-234 and 45a-235 and the express terms of the will or other instrument, the terms of such will or other instrument shall govern. In the event of a conflict between one or more of the powers contained in sections 45a-234 and 45a-235 , and any other provision of the general statutes, the power or powers contained in sections 45a-234 and 45a-235 shall govern.

(d) Limitation of power. No discretionary power or authority conferred upon a fiduciary as provided in sections 45a-233 to 45a-236 , inclusive, may be exercised by such fiduciary in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital and orphans deductions and the deduction for transfers for public, charitable and religious uses, except as otherwise prescribed by the testator or settlor, or operate to attract or impose a tax upon a settlor or estate of a testator or upon any other person as owner of any portion of the trust or estate involved. Notwithstanding any provisions contained in or incorporated by reference into a will or trust instrument, no person shall have a power to make any equitable adjustments affecting any qualified terminable interest property or a QTIP trust. For the purposes of this subsection, “equitable adjustments” means adjustments to trust corpus or income or both which involve a reallocation of assets from the account of one beneficiary to that of another to compensate for disproportionate sharing of a tax burden resulting from a tax election. The exercise of a power in violation of the restriction contained in this subsection shall render the action by the fiduciary or any other person with regard to that violation void. “Tax” means a federal, state, whether that of Connecticut, another state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico, local, municipal or foreign, whether national, provincial, state, local or municipal, income, gift, estate, generation-skipping, inheritance, succession, accessions or other death tax, duty or excise imposed on the transfer of property at death or by gift. “Marital deduction” and “deduction for transfers for public, charitable and religious uses” have the same meanings and applications as exist under the federal Internal Revenue Code in effect at the death of the testator or at the time a trust becomes irrevocable, as the case may be. The definition of tax in this subsection shall be deemed to be the definition as it existed in this subsection on and after January 1, 1970, and in subsection (b) of section 45-100a insofar as said section 45-100a applies to any instrument in which it was incorporated from January 1, 1967, to December 31, 1969, inclusive.

(e) Construction of other types of instruments. Nothing herein shall be construed to prevent the incorporation of the powers enumerated in section 45a-234 or 45a-235 in any other kind of instrument or agreement.

Annotations to former section 45-100d:

Former statute cited. 157 C. 278. Cited. 166 C. 21; 178 C. 42; 202 C. 57.

Annotation to present section:

Subsec. (c) acknowledges right of a testator to give an executor the power to sell property without the supervision or permission of a court, and such authority is not conditioned on approval of decedent's beneficiaries. 292 C. 696.
Conn. Gen. Stat. § 45a-45 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-45
Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges.
Status: in_force

(b) (1) Any judge who leaves office before becoming eligible for a retirement allowance may, on request to the Retirement Commission, withdraw the total of all contributions made by the judge, without interest, provided, if the judge makes no such request within ten years after leaving office, the judge's contributions shall revert to the fund.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, if such judge's departure from office or withdrawal of contributions is on or after October 1, 1986, the withdrawal of contributions shall include interest credited from the later of (A) January 1, 1986, or (B) the first day of the calendar year following the date of actual contribution, to the first day of the calendar year coincident with or preceding the date the judge leaves office. Such interest shall be credited at the rate of five per cent per year. In addition, for the partial calendar year during which the judge leaves office or withdraws contributions, provided such date is after January 1, 1986, interest shall be credited at the rate of five-twelfths of one per cent multiplied by the full number of months completed during such calendar year, such interest rate to be applied to the value of contributions, including any prior interest credits, as of the first day of such calendar year.

(3) Any judge who withdraws the judge's contributions from the fund and is subsequently reinstated shall not receive credited service for such prior time in office in the computation of any benefit under the retirement plan unless the withdrawn contributions have been repaid with interest at a rate to be determined by the commission. Any judge who was ineligible for retirement benefits at the time he or she became a judge and who has not made contributions under this section, who becomes eligible, or whose spouse becomes eligible, for any benefit under the retirement plan, shall receive credited service for any time in office, provided such judge makes such contributions with interest at a rate to be determined by the commission.
Conn. Gen. Stat. § 45a-658 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-658
Sec. 45a-658. (Formerly Sec. 45-74). Appointment or removal of conservator to be recorded on land records.
Status: in_force

(b) The conservator shall record the notice pursuant to the order and, upon failure to do so within two months after the appointment, resignation or removal, shall be fined not more than fifty dollars.

(c) The record in the court of the appointment, resignation or removal of the conservator shall not be constructive notice of the incapacity or capacity of the owner of the real property or of an interest in real property or of a mortgage or lien on such property to make valid contracts relative to such property, until the certificate is recorded as provided in subsection (a) of this section.
Conn. Gen. Stat. § 45a-631 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-631
Sec. 45a-631. (Formerly Sec. 45-49). Limitation on receipt or use of minor's property by parent, guardian or spouse. Release.
Status: in_force

(b) A release given by both parents or by the parent who has legal custody of a minor or by the guardian or spouse shall, if the amount does not exceed ten thousand dollars in value, be valid and binding upon the minor.

Annotations to former section 45-49:

Delivery of money to mother is not payment to child. 99 C. 179. Subject to guardianship of estate, a minor child is entitled to immediate possession of full amount recovered as damages for personal injuries. 100 C. 55. Award in divorce action for support of minor child is not child's property within statute. 121 C. 504. No guardian necessary where separation agreement provided for trust to pay income for support of minor. 130 C. 56. Cited. 139 C. 220; 165 C. 490.

Annotations to present section:

Subsec. (a): A September 11th Victim Compensation Fund award paid directly to a representative payee for the benefit of her minor child is not property to which the minor child is entitled or property belonging to the minor child within the meaning of Subsec. 331 C. 385.
Conn. Gen. Stat. § 45a-545c — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545c
Sec. 45a-545c. Scope.
Status: in_force

(b) Sections 45a-545a to 45a-545cc , inclusive, do not apply to a trust held solely for charitable purposes.

(c) Sections 45a-545a to 45a-545cc , inclusive, do not apply to statutory trusts created pursuant to chapter 615.

(d) Subject to the provisions of section 45a-545o , a trust instrument may restrict or prohibit exercise of the decanting power.

(e) No provision of sections 45a-545a to 45a-545cc , inclusive, as such provision may be applied to a trust established pursuant to and in compliance with 42 USC 1396p(d)(4), as amended from time to time, shall be interpreted in a manner that is inconsistent with, or that contravenes, the provisions of federal law, nor shall any court having jurisdiction over any such trust issue an order, judgment, decree or ruling, that is inconsistent with, or that contravenes, the provisions of federal law.

(f) Sections 45a-545a to 45a-545cc , inclusive, do not limit the power of a trustee, powerholder or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than sections 45a-545a to 45a-545cc , inclusive, common law, a court order or a nonjudicial settlement agreement under section 45a-499k .

(g) Sections 45a-545a to 45a-545cc , inclusive, do not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
Conn. Gen. Stat. § 45a-8c — Connecticut Code / Title 45a / Chapter 801 / Section 45a-8c
Sec. 45a-8c. Truancy clinic. Administration. Policies and procedures. Report.
Status: in_force

(b) If the Probate Court Administrator establishes truancy clinics pursuant to subsection (a) of this section, the principal of any elementary or middle school located in a town designated as an alliance district, or the principal's designee, may refer to a truancy clinic a parent or guardian with a child enrolled in such school who is a truant, as defined in section 10-198a , or at risk of becoming a truant. Upon receiving such referral, the truancy clinic shall prepare a citation and summons for the parent or guardian of the child to appear at the clinic. An attendance officer authorized pursuant to section 10-199 , or a police officer authorized pursuant to section 10-200 , shall deliver the citation and summons and a copy of the referral to the parent or guardian.

(c) The administrative judge of the Regional Children's Probate Court that serves a town designated as an alliance district or the probate judge that serves a town designated as an alliance district, as the case may be, may refer any matter referred to a truancy clinic to a probate magistrate or attorney probate referee assigned by the Probate Court Administrator pursuant to section 45a-123a to hear the matter.

(d) The truancy clinics shall operate for the purpose of identifying and resolving the cause of a child's truancy using nonpunitive procedures. After the initial appearance made pursuant to the summons described in subsection (b) of this section, the participation of a parent or guardian in the truancy clinic shall be voluntary. The truancy clinics shall establish protocols for clinic participation and shall establish programs and relationships with schools, individuals, public and private agencies, and other organizations to provide services and support for parents, guardians and children participating in the clinics.

(e) The Probate Court Administrator shall establish policies and procedures to implement the truancy clinics and measure the effectiveness of the truancy clinics.

(f) Not later than September 1, 2015, and annually thereafter, each administrative judge of a Regional Children's Probate Court that serves a town designated as an alliance district in which a truancy clinic has been established and each probate judge that serves a town designated as an alliance district in which a truancy clinic has been established shall file a report with the Probate Court Administrator assessing the effectiveness of each truancy clinic in such administrative judge's or such probate judge's respective court.

(g) Not later than January 1, 2016, the Probate Court Administrator shall submit, in accordance with section 11-4a , a report assessing the effectiveness of the truancy clinics to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and education.
Conn. Gen. Stat. § 45a-667l — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667l
Sec. 45a-667l. Declination of jurisdiction if court of another state is more appropriate forum.
Status: in_force

(b) If a court of probate declines to exercise its jurisdiction under subsection (a) of this section, the court of probate shall either dismiss the proceeding or stay the proceeding for not more than ninety days to allow for a petition to be filed in a more appropriate forum that has jurisdiction to appoint a conservator of the person or issue a conservator of the estate order.

(c) In determining whether it is an appropriate forum, the court of probate shall consider all relevant factors, including:

(1) Any expressed preference of the respondent;

(2) Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;

(3) The length of time the respondent was physically present in or was a legal resident of this or another state;

(4) The distance of the respondent from the court in each state;

(5) The financial circumstances of the respondent's estate;

(6) The nature and location of the evidence;

(7) The ability of the court in each state to decide the issue in accordance with due process of law and without undue delay;

(8) The procedures necessary to present evidence;

(9) The familiarity of the court of each state with the facts and issues in the proceeding; and

(10) If an appointment were made, the court's ability to monitor the conduct of the conservator of the person or conservator of the estate within this state and outside of this state, if applicable.

(d) The court shall make specific written findings as to the basis for its determination of appropriate forum.
Conn. Gen. Stat. § 45a-545s — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545s
Sec. 45a-545s. Tax-related limitations.
Status: in_force

(1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under Sections 671 to 677, inclusive, and Section 679 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.

(2) “Nongrantor trust” means a trust that is not a grantor trust.

(3) “Qualified benefits property” means property subject to the minimum distribution requirements of Section 401(a)(9) 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, or to any similar requirements that refer to said Section 401(a)(9) or such regulations.

(b) An exercise of the decanting power is subject to the following limitations:

(1) If a first trust contains property that qualified, or would have qualified but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section, for a marital deduction for purposes of the gift or estate tax under 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 or a state gift, estate or inheritance tax, the second-trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of said internal revenue code or state law under which the transfer qualified.

(2) If the first trust contains property that qualified, or would have qualified but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section, for a charitable deduction for purposes of the income, gift or estate tax under 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 or a state income, gift, estate or inheritance tax, the second-trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of said internal revenue code or state law under which the transfer qualified.

(3) If the first trust contains property that qualified, or would have qualified but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section, for the exclusion from the gift tax described in Section 2503(b) 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, the second-trust instrument shall not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under Section 2503(b) 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. If the first trust contains property that qualified, or would have qualified but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section, for the exclusion from the gift tax described in Section 2503(b) 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 by application of Section 2503(c) 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, the second-trust instrument shall not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under said Section 2503(c).

(4) If the property of the first trust includes shares of stock in an S corporation, as defined in Section 1361 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 and the first trust is, or but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section would be, a permitted shareholder under any provision of said Section 1361, an authorized fiduciary may exercise the power with respect to part or all of the S corporation stock only if any second trust receiving the stock is a permitted shareholder under Section 1361(c)(2) 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. If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section would be, a qualified subchapter-S trust within the meaning of Section 1361(d) 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, the second-trust instrument shall not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust.

(5) If the first trust contains property that qualified, or would have qualified but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under Section 2642(c) 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, the second-trust instrument shall not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under said Section 2642(c).

(6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument may not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under Section 401(a)(9) 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 and any applicable regulations, or any similar requirements that refer to said Section 401(a)(9) or the regulations thereunder. If an attempted exercise of the decanting power violates the provisions of this subdivision, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and section 45a-545v applies to the separate share.

(7) If the first trust qualifies as a grantor trust because of the application of Section 672(f)(2)(A) 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, the second trust may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under said Section 672(f)(2)(A).

(8) As used in this subdivision, “tax benefit” means a federal or state tax deduction, exemption, exclusion or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to subdivision (9) of this subsection, a second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if: (A) The first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument clearly is designed to enable the first trust to qualify for the benefit; and (B) the transfer of property held by the first trust or the first trust qualified or, but for the provisions of sections 45a-545a to 45a-545cc , inclusive, other than this section, would have qualified for the tax benefit.

(9) Subject to subdivision (4) of this subsection: (A) Except as provided in subdivision (7) of this subsection, the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and (B) except as provided in subdivision (10) of this subsection, the second trust may be a grantor trust, even if the first trust is a nongrantor trust.

(10) An authorized fiduciary may not exercise the decanting power if a settlor objects in a signed record delivered to the fiduciary within the notice period and: (A) The first trust and a second trust are both grantor trusts, in whole or in part, the first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust, and the second trust does not grant an equivalent power to the settlor or other person; or (B) the first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless: (i) The settlor has the power at all times to cause the second trust to cease to be a grantor trust; or (ii) the first-trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust and the second-trust instrument contains the same provision.
Conn. Gen. Stat. § 45a-187 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-187
Sec. 45a-187. (Formerly Sec. 45-289). Time of taking appeals.
Status: in_force

(b) An order, denial or decree of a Probate Court shall not be invalid because of the disqualification of the judge unless an appeal therefrom is taken within the time provided in this section and sections 45a-186 and 45a-188 .

See Sec. 51-53 re court clerks' duty to give notice of court decrees.

Annotations to former section 45-289:

Appeal must be taken within the time from each particular decree. 2 R. 74; 107 C. 356. That appeal is not taken in time must be pleaded in abatement. 2 D. 21. That appellant had notice and was present need not appear from record of Probate Court, but may be proved by parol. 29 C. 563. Party not estopped from appealing when he had no statutory notice of probate of will, although the time limitation for appeal commences to run date decree is entered and, after full hearing trustee attended, there is no requirement that he be present when court makes its decision and renders its order. 155 C. 413. Cited. 162 C. 477; 163 C. 439. When written waiver of notice is filed, notice requirement of section is satisfied. 169 C. 382. Statute is subject to implied requirement that court give notice of its decree before appeal period becomes operative. 178 C. 189. Cited. 185 C. 25; Id., 495; 204 C. 760; 208 C. 606.

Cited. 20 CA 58.

What constitutes legal notice. 8 CS 254. Publication in newspaper held to be legal notice. Id., 261. Cited. 18 CS 481. “No notice to be present” means legal, not active notice. 19 CS 104. The term “no notice to be present” does not mean actual but legal notice to be present; legal notice to nonresidents is notice given upon order of the court. 22 CS 232. Where appellant had filed motion for appeal within time limited but Probate Court allowed it 6 days later without allotted time, plea in abatement to jurisdiction was overruled as fault was not appellant's. 28 CS 49. Cannot be circumvented by a motion to become party to another's timely made appeal. Id., 392.

Annotations to present section:

Cited. 37 CA 137. Aggrieved party who files proper motion for appeal within statutory time period is not deprived of right to appeal because probate judge does not perform ministerial act of granting allowance of appeal until after the time period has passed. 82 CA 468.
Conn. Gen. Stat. § 45a-787 — Connecticut Code / Title 45a / Chapter 803a / Section 45a-787
Sec. 45a-787. Liability of beneficiary.
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; and (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.
Conn. Gen. Stat. § 45a-356 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-356
Sec. 45a-356. (Formerly Sec. 45-230e). Effect of failure to present claim; exoneration of fiduciary.
Status: in_force

(b) No fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed at any time pursuant to a widow's allowance or family allowance ordered by the Court of Probate.
Conn. Gen. Stat. § 45a-108a — Connecticut Code / Title 45a / Chapter 801b / Section 45a-108a
Sec. 45a-108a. Fees for accounting in matters other than decedent's estate.
Status: in_force

(1) The product of the number of one year periods or part thereof covered by the account times 0.05 per cent of the greatest of: (A) The fiduciary acquisition value of assets on hand at the beginning of the accounting period; (B) the fiduciary acquisition value of assets on hand at the end of the accounting period; (C) the fair market value of assets on hand at the beginning of the accounting period; or (D) the fair market value of assets on hand at the end of the accounting period;

(2) 0.05 per cent of the total of all receipts during the accounting period; or

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, the minimum fee under this subsection shall be fifty dollars regardless of the period of time covered by the account and the maximum fee shall not exceed five hundred dollars per year or part thereof covered by the account.

(b) The fees under this section apply to each account that covers a unique accounting period. No additional fee shall be charged for filing an amended or substitute account covering the same period as the original filing.

(c) For the purposes of this section, “fiduciary acquisition value” has the meaning set forth in the rules of procedure approved by the Supreme Court under section 45a-78 .

(d) The fee under subsection (a) of this section shall be due when the fiduciary files an account. The court shall issue an invoice for the fee and any expenses under section 45a-109 on receipt of the account and as necessary thereafter. The balance of any such fee that is not paid within thirty days of the date of an invoice from the court shall bear interest at the rate of one-half of one per cent per month or portion thereof until paid. The court may extend the time for payment of any fee under this subsection if it appears to the court that requiring payment by the due date would cause undue hardship. No additional interest shall accrue during the period of such extension. The court may not waive interest outside of any extension period.

(e) No fee shall be charged under this section if exempted or waived under section 45a-111 or any other provision of the general statutes.
Conn. Gen. Stat. § 45a-257 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-257
Sec. 45a-257. (Formerly Sec. 45-162). Revocation of will.
Status: in_force

Annotations to former section 45-162:

Quaere, whether a will devising real estate attested by three witnesses is revoked by later will having two witnesses only. 4 D. 66. Will may be revoked by writing on back of it. 2 C. 68. If expressly revoked in later will, it is not revived by destruction of latter; 3 C. 578; quaere under present statute. 50 C. 566. Prior to 1821, a will could be revoked by parol. 5 C. 167. Bequest once made will not be revoked by codicil unless such revocation clearly appears. 32 C. 446. Divorce does not revoke bequest to wife. 48 C. 503. Revocation of second will, not expressly revoking former one, revives former. 50 C. 567. Statute does not operate retrospectively. 55 C. 181. Prior to 1885, marriage alone did not operate as revocation. Id., 179. Effect of revoking legacy by codicil where will has residuary clause. 65 C. 159. Cancellation must be with intent to revoke; if done with mistaken belief as to valid execution of another will, no revocation. Id., 156; 70 C. 294; 79 C. 125. Republication as bringing will into provisions of law existing then. 67 C. 379; 88 C. 286; Id., 404. “Cancellation” must be done by testator or some person in his presence by his direction. 68 C. 242. If cancellation of portion works alteration in another portion of will, attempted revocation is invalid. Id., 245. Codicil as revoking will. 70 C. 288; 73 C. 122; 76 C. 263; 83 C. 654. Burden of proof on issue of revocation. 77 C. 640; 87 C. 579. Ademption of gift as in effect a revocation. 79 C. 364. Effect of execution of later will without revoking clause. 87 C. 579. “Provision” for after born issue means “prevision”. 95 C. 197; 106 C. 79. Execution of will with revoking clause is inoperative until death; if destroyed before death gives it effect, former will is left operative. 98 C. 26. Subsequent birth of child revokes will in toto. 106 C. 79. Adoption held to revoke will providing small annuity for the child as “member of my household”, but not mentioning the contingency of adoption. 126 C. 369. A paper signed by testator and two witnesses purporting to revoke any wills or codicils, heretofore made, was neither a “cancelling” of the will nor a revocation of it. 139 C. 549. Doctrine of “dependent relative revocation” not applicable when contrary intent of testator appears; mistaken belief of testator is basis for doctrine of “dependent relative revocation”. 150 C. 569. Cited. 152 C. 199; Id., 398; 177 C. 410.

An actual gift to the after-born child is not required in order to save a will. 15 CS 111. Instrument revoking will signed by testator and by two witnesses a valid revocation; essential element of revocation is intent. 18 CS 34. Reference in a will to the possibility of marriage to any person at any time, held sufficient compliance with section so that the will is not impliedly revoked by a subsequent marriage. 21 CS 92. Substitution of one name, as a beneficiary, for another held an ineffectual alteration of a will but since there was no intent to revoke the whole will and the original provision was established, the will with the original provision must be given effect; cutting out of certain provisions in a will held to be a valid revocation of those provisions. Id., 126. Cited. 30 CS 171.
Conn. Gen. Stat. § 45a-499vvv — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499vvv
Sec. 45a-499vvv. Beneficiary's consent, release or ratification.
Status: in_force

(b) The liability of a trustee of a testamentary trust is not governed by the provisions of this section.
Conn. Gen. Stat. § 45a-436 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-436
Sec. 45a-436. (Formerly Sec. 45-273a). Succession upon death of spouse. Statutory share.
Status: in_force

(b) If the deceased spouse has by will devised or bequeathed a portion of his or her property to his or her surviving spouse, such provision shall be taken to be in lieu of the statutory share unless the contrary is expressly stated in the will or clearly appears therein; but, in any such case, the surviving spouse may elect to take the statutory share in lieu of the provision of the will.

(c) The surviving spouse, or the conservator or guardian of the estate of the surviving spouse, with the approval, after notice and hearing, of the Probate Court by which such conservator or guardian was appointed, shall, not later than one hundred fifty days after the mailing of the decree admitting the will to probate, file a notice, in writing, of his or her intention to take the statutory share with the Probate Court before which the estate is in settlement, and if such notice is not so filed, the surviving spouse shall be barred of such statutory share.

(d) If the Probate Court has allowed a support allowance under section 45a-320 from the deceased spouse's estate for support of the surviving spouse and for the support of his or her family, the surviving spouse shall not take his or her statutory share until the expiration of the time for which the support allowance is made.

(e) The statutory share shall be set out by the fiduciary charged with the administration of the estate or, in the discretion of the Probate Court on its own motion or on application by any interested person, by distributors appointed by the Probate Court. The statutory share may consist of personal property or real property, or both, according to the judgment of the fiduciary or distributors.

(f) The provisions of this section with regard to the statutory share of the surviving spouse in the property of the deceased spouse shall not apply to any case in which, by written contract made before or after marriage, either party has received from the other what was intended as a provision in lieu of the statutory share.

(g) A surviving spouse shall not be entitled to a statutory share, as provided in subsection (a) of this section, or an intestate share, as provided in section 45a-437 , in the property of the other if such surviving spouse, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.

(h) The provisions of this section shall apply to estates of all persons dying on or after July 1, 1985.

Annotations to former section 46-12:

Rights of wife in general; in stock which husband has agreed to bequeath to his son; in estate tail of husband dying without issue. 66 C. 401; 68 C. 92. Section does not prevent husband or wife during life from disposing of or encumbering property. Id., 101; 71 C. 237. History of provision. 72 C. 153. Widow may be put to election between claiming gift in will and statutory right. 74 C. 131; 79 C. 621; 80 C. 47. Widow's right not entitled to peculiar favor. 78 C. 484. What constitutes abandonment. 90 C. 210; 107 C. 106; 123 C. 424. Court cannot make allowance for husband's support from estate of wife. 91 C. 76. Wife as sole heir; “heir” is construed under law existing at death of relative. 98 C. 826; 103 C. 129; 106 C. 196. Widow's renunciation of provisions in will and election to take under statute may affect other gifts in will; statutory share is not lost by remarriage after death of husband; insurance policy made payable to wife as sole beneficiary not included in computing her share of estate. 100 C. 371. “Heir” in will may include husband or wife. 106 C. 184. The interest of the surviving spouse includes only property inventoried and distributable in this jurisdiction; husband entitled to income from date of death. 110 C. 36. Status of child adopted in another state. 115 C. 163. Cited. Id., 273; 122 C. 62; 126 C. 657; 127 C. 723. When statutory share is set out, general legacies should be first taken. 120 C. 91. Having elected statutory share, husband not entitled to interstate portion. 121 C. 594. Contract whereby each spouse releases statutory share valid even though no physical consideration transferred. 132 C. 140. Construction of “amount to which my wife may be entitled under the laws and statutory enactments” of Connecticut. 133 C. 701. Cited. 135 C. 252; 139 C. 494; 140 C. 147, 153. Wife elected statutory share in lieu of will, but this not a bar to obtaining larger share if will found invalid and total intestacy results. 146 C. 188. Cited. 149 C. 129. Not fraud upon wife for husband to dispose of his property before death to reduce his estate. 151 C. 367. Cited. 159 C. 486; 165 C. 376. Provision in husband's will that wife's legacy was in lieu of statutory allowance for support pending settlement of estate is contrary to public policy and void. 168 C. 101.

Cited. 10 CA 183.

Where voidable marriage not judicially pronounced invalid during lifetime, death of one of the parties ends all opportunity to do so. 3 CS 1. Cited. 4 CS 385; 5 CS 142. Section not applicable where claim of surviving husband is to property which never belonged to wife. 6 CS 141. Cited. 11 CS 135; Id., 171. Using the word “accept” in place of “receive” gives the meaning that was intended. 12 CS 139. Cited. 20 CS 88; 21 CS 92; 26 CS 259; 31 CS 271.

Annotations to former section 45-273a:

Discussion of ante nuptial agreements. 181 C. 482. Cited. 183 C. 35; 192 C. 138; 211 C. 121.

Cited. 10 CA 183; 17 CA 431.

Statutory approval of contracts entered into in contemplation of marriage in which each prospective spouse releases any claim to property owned by the other at time of marriage or thereafter, agreeing that on death of either, survivor should have no claim to his or her property. 33 CS 44.

Annotations to present section:

Cited. 226 C. 51; 238 C. 839. Surviving spouse's statutory share must be calculated prior to the deduction of estate taxes and based on the value of the estate as of the time of distribution; the rate of income on surviving spouse's statutory share from the date of death to the actual setting out of the third will be the average yield of the estate for this period. 317 C. 185.
Conn. Gen. Stat. § 45a-266 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-266
Sec. 45a-266. (Formerly Sec. 45-175a). Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate.
Status: in_force

(b) Any such encumbrance is chargeable against the property of the decedent or the proceeds of a policy of insurance on the life of the decedent, subject thereto. Nothing in this section imposes upon a testamentary beneficiary, distributee, joint tenant or named insurance beneficiary any personal liability for the payment of the debt secured by such encumbrance.

(c) Where any lien, security interest or other charge encumbers: (1) Property passing to two or more persons, the interest of each such person shall, only as between such persons, bear its proportionate share of the total encumbrance; (2) two or more properties, each such property shall, only as between the recipients thereof, bear its proportionate share of the total encumbrance.
Conn. Gen. Stat. § 45a-64 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-64
Sec. 45a-64. (Formerly Sec. 45-11f). Hearing.
Status: in_force

Annotations to former section 45-11f:

Cited. 193 C. 180; 215 C. 553.

Annotation to present section:

Cited. 224 C 29.
Conn. Gen. Stat. § 45a-649 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-649
Sec. 45a-649. (Formerly Sec. 45-70c). Notice re application for involuntary representation, determination of jurisdiction or transfer of conservatorship to another state. Form of notice. Appointment of counsel.
Status: in_force

(2) (A) The court shall direct that personal service of the citation be made, by a state marshal, constable or an indifferent person, upon the respondent and the respondent's spouse, if any, if the spouse is not the applicant. Notwithstanding the provisions of this subparagraph, in cases where the application is for involuntary representation pursuant to section 17b-456 , and there is no spouse or the whereabouts of the spouse is unknown, the court shall order notice by certified mail to the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives, and if none, the next of kin of such respondent. (B) Except for the respondent, if the address of any other person entitled to personal service 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 the person is out of the state, the judge or the clerk of the court shall order notice 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.

(3) The court shall order such notice as it directs to the following: (A) The applicant; (B) the person in charge of welfare in the town where the respondent is domiciled or resident and, if there is no such person, the first selectman or chief executive officer of the town if the respondent is receiving assistance from the town; (C) the Commissioner of Social Services, if the respondent is in a state-operated institution or receiving aid, care or assistance from the state; (D) the Commissioner of Veterans Affairs if the respondent is receiving veterans' benefits or the Veterans Residential Services facility, or both, if the respondent is receiving aid or care from said facility, or both; (E) the Commissioner of Administrative Services, if the respondent is receiving aid or care from the state; (F) the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives and if none, the next of kin of the respondent; and (G) the person in charge of the hospital, nursing home or some other institution, if the respondent is in a hospital, nursing home or some other institution.

(4) The court, in its discretion, may order such notice as it directs to other persons having an interest in the respondent and to such persons the respondent requests be notified.

(5) If personal service of the notice required in subsection (b) of this section is not made as required in subdivision (2) of this subsection, the court shall be deprived of jurisdiction over the application.

(b) The notice required by subdivision (2) of subsection (a) of this section shall specify (1) the nature of involuntary representation sought and the legal consequences thereof, (2) the facts alleged in the application, (3) the date, time and place of the hearing, and (4) that the respondent has a right to be present at the hearing and has a right to be represented by an attorney of the respondent's choice at the respondent's own expense. The notice shall also include a statement in boldface type of a minimum size of twelve points in substantially the following form:

“POSSIBLE CONSEQUENCES OF THE APPOINTMENT OF A CONSERVATOR FOR YOU

This court has received an application to appoint a conservator for you. A conservator is a court-appointed legal guardian who may be assigned important decision-making authority over your affairs. If the application is granted and a conservator is appointed for you, you will lose some of your rights.

A permanent conservator may only be appointed for you after a court hearing. You have the right to attend the hearing on the application for appointment of a permanent conservator. If you are not able to access the court where the hearing will be held, you may request that the hearing be moved to a convenient location, even to your place of residence.

You should have an attorney represent you at the hearing on the application. If you are unable to obtain an attorney to represent you at the hearing, the court will appoint an attorney for you. If you are unable to pay for representation by an attorney, the court will pay attorney fees as permitted by the court's rules. Even if you qualify for payment of an attorney on your behalf, you may choose an attorney if the attorney will accept the attorney fees permitted by the court's rules.

If, after a hearing on the application, the court decides that you lack the ability to care for yourself, pay your bills or otherwise manage your affairs, the court may review any alternative plans you have to get assistance to handle your own affairs that do not require appointment of a conservator. If the court decides that there are no adequate alternatives to the appointment of a conservator, the court may appoint a conservator and assign the conservator responsibility for some or all of the duties listed below. While the purpose of a conservator is to help you, you should be aware that the appointment of a conservator limits your rights. Among the areas that may be affected are:

- Accessing and budgeting your money

- Deciding where you live

- Making medical decisions for you

- Paying your bills

- Managing your real and personal property

You may participate in the selection of your conservator. If you have already designated a conservator or if you inform the court of your choice for a conservator, the court must honor your request unless the court decides that the person designated by you is not appropriate.

The conservator appointed for you may be a lawyer, a public official or someone whom you did not know before the appointment. The conservator will be required to make regular reports to the court about you. The conservator may charge you a fee, under the supervision of the court, for being your conservator.”

(c) Notice to all other persons required by this section shall only be required to state that involuntary representation is sought, the nature of the involuntary representation sought, the legal consequences of the involuntary representation and the date, time and place of the hearing on the application for involuntary representation.

(d) If the respondent is unable to request or obtain an attorney for any reason, the court shall appoint an attorney to represent the respondent in any proceeding under this title involving the respondent. If the respondent is unable to pay for the services of such attorney, the reasonable compensation for such attorney shall be established by, and paid from funds appropriated to, the Judicial Department, except that if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(e) If the respondent notifies the court in any manner that the respondent wants to attend the hearing on the application but is unable to do so, the court shall schedule the hearing on the application at a place that would facilitate attendance by the respondent.

Under 2005 revision, primary purpose of Subsec. (b) is to ensure that respondents and conserved persons are fully informed of the nature of the proceedings and that their articulated preferences are zealously advocated by a trained attorney both during the proceedings and during the conservatorship; absolute quasi-judicial immunity does not extend to attorneys appointed to represent respondents in conservatorship proceedings or to attorneys appointed to represent conserved persons. 304 C. 234.
Conn. Gen. Stat. § 45a-499kkk — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499kkk
Sec. 45a-499kkk. Trustee's duty to inform and report.
Status: in_force

(b) A trustee: (1) Upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the relevant portions of the trust instrument; (2) within sixty days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number; and (3) within sixty days after the date on which the trustee acquires knowledge of the creation of an irrevocable trust, or the date on which the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in subsection (c) of this section.

(c) A trustee shall send a report to the current beneficiaries, and to other qualified beneficiaries who request it, at least annually and at the termination of the trust. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, the former trustee shall send a report to the current beneficiaries and to other qualified beneficiaries who request it. An executor, administrator or conservator may send the report on behalf of a deceased or incapacitated trustee. The report may be formal or informal, but shall include information relating to the trust property, liabilities, receipts and disbursements, including the amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values.

(d) A beneficiary of a trust may petition the court for an accounting by the trustee. The court may grant the petition of: (1) A qualified beneficiary of testamentary trust, if the court finds that an account is necessary to protect the interests of a beneficiary; (2) any other beneficiary of a testamentary trust, if the court finds that the same standard applicable to an inter vivos trust as set forth in subsection (c) of section 45a-175 is satisfied; and (3) a beneficiary of an inter vivos trust, if the court finds the standard set forth in subsection (c) of section 45a-175 is satisfied.

(e) Nothing in subsection (c) of this section limits the power of the court in an accounting proceeding to determine which beneficiaries are entitled to a copy of the accounting and to receive notice of the proceedings.

(f) Nothing in subsection (c) or (g) of this section limits a trustee's obligations under section 45a-177 .

(g) A beneficiary may waive the right to trustee's reports or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.

(h) The provisions of subsections (b) and (c) of this section do not apply to an irrevocable trust created before January 1, 2020, or to a revocable trust that becomes irrevocable before January 1, 2020.

(i) Judicial approval of a trustee's report forecloses claims as to those given notice of the proceeding as to matters disclosed in the report.

(j) The representation provisions of sections 45a-499q to 45a-499u , inclusive, apply with respect to all rights of any beneficiary under this section. Notice or information provided to a designated representative under section 45a-499u shall satisfy the trustee's duty to provide information or notice required under sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive.
Conn. Gen. Stat. § 45a-499rr — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499rr
Sec. 45a-499rr. Accepting or declining trusteeship.
Status: in_force

(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable period after knowing of the designation is deemed to have rejected the trusteeship.

(c) A person designated as trustee, without accepting the trusteeship, may: (1) Act to preserve the trust property if, within a reasonable period after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and (2) inspect or investigate trust property (A) to determine potential liability under state or federal environmental or other law; or (B) for any other purpose.
Conn. Gen. Stat. § 45a-85 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-85
Sec. 45a-85. Probate Court Budget Committee. Duties. Transfer and use of funds for Probate Court's office budget.
Status: in_force

(b) Not later than June 30, 2010, and annually thereafter, the committee shall establish, in accordance with the criteria established in regulations issued pursuant to subsection (b) of section 45a-77 : (1) A compensation plan, which plan shall include employee benefits, for employees of the Probate Courts, (2) staffing levels for each Probate Court, and (3) an office budget for each Probate Court. Such compensation plan, staffing levels and office budgets shall be established within the expenditures and anticipated available funds in the proposed budget established pursuant to section 45a-84 .

(c) The Probate Court Administrator shall annually transfer to each Probate Court the amount budgeted under subsection (b) of this section for a Probate Court's office budget. The transfer shall be made from the Probate Court Administration Fund established under section 45a-82 . Each Probate Court shall establish and maintain a checking account in the name of the court at a financial institution, as defined in section 36a-330 , to hold and manage the office budget funds. A Probate Court shall deposit all office budget funds into the account and disburse from the account all payments for expenditures permitted under the office budget. A Probate Court shall not commingle office budget funds with funds from any other source. The provisions of sections 4-33 and 4-98 shall not apply to the management of office budget funds under this section.
Conn. Gen. Stat. § 45a-51 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-51
Sec. 45a-51. (Formerly Sec. 45-29r). Liability of courts.
Status: in_force

(b) The liability of a court under this section shall be enforceable by the Retirement Commission through appropriate action in the Superior Court.
Conn. Gen. Stat. § 45a-283 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-283
Sec. 45a-283. (Formerly Sec. 45-163). Executor to apply for probate of will. Penalty.
Status: in_force

(b) Every such person neglecting to do so shall be fined not more than two hundred fifty dollars.

Annotations to former section 45-163:

Appointment of debtor as executor does not release debt. 6 C. 129. Renunciation of executor may be implied. 16 C. 298; 27 C. 520; 49 C. 421. Cited. 34 C. 446. Incapable person may “dwell” within meaning of statute in some other district than that in which he resided when conservator was appointed. 48 C. 165. Cited. 63 C. 306; 67 C. 320. Offer of exemplified copy where original will of resident of this state has been probated in another as basis for ancillary administration. 77 C. 644. Duty of court to make decision as to residence of deceased. 86 C. 351. Public policy of establishment of every legally executed last will. 124 C. 100. Office of executor or administrator does not terminate during his lifetime unless he is removed. 151 C. 598. Cited. 152 C. 528; 156 C. 118; 194 C. 635.

Statute same as 4953 of the 1918 Revision although the alternative extended to the executor there has since been omitted. 14 CS 369. Cited. 20 CS 262.
Conn. Gen. Stat. § 45a-449 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-449
Sec. 45a-449. (Formerly Sec. 45-278). Property due person residing outside United States.
Status: in_force

Annotations to former section 45-278:

Cited. 153 C. 545. In absence of finding or offer of proof of power of attorney appellant claimed was given him by Lithuanian legatee whose funds were held by State Treasurer, order of Probate Court releasing funds to Lithuanian consul at request of legatee was affirmed. 156 C. 547.

Court held beneficiaries in Poland would have full use, benefit and control of inherited funds. 25 CS 187.
Conn. Gen. Stat. § 45a-334k — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334k
Sec. 45a-334k. Disclosure of other digital assets of principal.
Status: in_force

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

(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; 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 principal's account; or

(B) Evidence linking the account to the principal.
Conn. Gen. Stat. § 45a-499rrr — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499rrr
Sec. 45a-499rrr. Limitation of action against trustee.
Status: in_force

(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.

(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust shall be commenced not later than three years after the first to occur of: (1) The removal, resignation or death of the trustee; (2) the termination of the beneficiary's interest in the trust; or (3) the termination of the trust.

(d) In a proceeding involving a charitable trust, any notice that is required to be given to the Attorney General shall include a copy of the trust instrument.

(e) The provisions of this section do not apply to testamentary trusts.
Conn. Gen. Stat. § 45a-468a — Connecticut Code / Title 45a / Chapter 802b / Section 45a-468a
Sec. 45a-468a. Definitions.
Status: in_force

(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(2) “Devisee” means any person designated in a will to receive a disposition of real or personal property.

(3) “Heir” means a person, including the surviving spouse, who is entitled under the statutes of intestate succession to the property of a decedent.

(4) “Person” means an individual, a corporation, an organization, a trustee of an inter vivos trust or other legal entity.

(5) “Personal representative” includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.

(6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(7) “Register”, including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(8) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(9) “Security” means a share, participation, or other interest in property, in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.

(10) “Security account” means (A) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (B) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

(11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
Conn. Gen. Stat. § 45a-504 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-504
Sec. 45a-504. (Formerly Sec. 45-96). Reduction of age contingency to preserve interest.
Status: in_force

Annotation to former section 45-96:

Cited. 29 CS 275.
Conn. Gen. Stat. § 45a-186c — Connecticut Code / Title 45a / Chapter 801b / Section 45a-186c
Sec. 45a-186c. Appeal from probate court: Costs; waiver; tolling of appeal period.
Status: in_force

(b) If the appellant claims that such appellant cannot pay the costs of an appeal taken under section 45a-186 , the appellant shall, within the time permitted for filing the appeal, file with the clerk of the court to which the appeal is to be taken an application for waiver of payment of such costs, including the requirement of bond, if any. The application for waiver of such costs shall conform to the requirements prescribed by rule of the judges of the Superior Court. After such hearing as the court determines is necessary, the court shall render judgment on the application for waiver of such costs, which judgment shall contain a statement of the facts found by the court and the court's conclusions based on the facts found. The filing of the application for the waiver of such costs shall toll the time limits for the filing of an appeal until such time as a judgment on such application is rendered. A fiduciary acting on an order of the court made after expiration of the period of appeal shall not be liable for actions made in good faith unless such fiduciary has actual notice of the tolling of the appeal period.

Legislature expressly addressed appellate procedure in this section and did not provide that a motion for revocation made pursuant to Sec. 45a-128 is an action that tolls the appeals period set forth in this section. 210 CA 278.
Conn. Gen. Stat. § 45a-113a — Connecticut Code / Title 45a / Chapter 801b / Section 45a-113a
Sec. 45a-113a. Refund for overpayment of costs. Exception.
Status: in_force

(b) No person shall be entitled to a refund for any fee paid for the settlement of a decedent's estate pursuant to section 45a-107 in which the basis for the fee was the gross estate for succession tax purposes.
Conn. Gen. Stat. § 45a-557a — Connecticut Code / Title 45a / Chapter 802d / Section 45a-557a
Sec. 45a-557a. Definitions.
Status: in_force

(1) “Adult” means an individual who has attained the age of twenty-one years.

(2) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.

(3) “Court” means Probate Court.

(4) “Custodial property” means (A) any interest in property transferred to a custodian under sections 45a-557 to 45a-560b , inclusive, and (B) the income from and proceeds of that interest in property.

(5) “Custodian” means a person so designated under section 45a-558f or a successor or substitute custodian designated under section 45a-559c .

(6) “Financial institution” means a bank, trust company, a savings institution or credit union, chartered and supervised under state or federal law.

(7) “Guardian” means a person appointed or qualified by a court to act as guardian of a minor's estate or a person legally authorized to perform substantially the same functions.

(8) “Legal representative” means any court appointed fiduciary, including, but not limited to, a guardian, conservator, executor or administrator. A legal representative does not include a guardian ad litem.

(9) “Member of the minor's family” means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of whole or half blood or by adoption.

(10) “Minor” means an individual who has not attained the age of twenty-one years.

(11) “Person” means an individual, corporation, organization or other legal entity.

(12) “Personal representative” means an executor, administrator, successor personal representative or temporary administrator of a decedent's estate or person legally authorized to perform substantially the same functions.

(13) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.

(14) “Transfer” means a transaction that creates custodial property under section 45a-558f .

(15) “Transferor” means a person who makes a transfer under sections 45a-557 to 45a-560b , inclusive.

(16) “Trust company” means a financial institution, corporation or other legal entity authorized to exercise general trust powers.
Conn. Gen. Stat. § 45a-542o — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542o
Sec. 45a-542o. Insurance policies and similar contracts.
Status: in_force

(b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to section 45a-542k , loss of profits from a business.

(c) This section does not apply to a contract to which section 45a-542q applies.
Conn. Gen. Stat. § 45a-334o — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334o
Sec. 45a-334o. Disclosure of digital assets to conservator of a conserved person.
Status: in_force

(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a conserved person and any digital assets, other than the content of electronic communications, in which the conserved person has a right or interest if the conservator gives the custodian:

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

(2) A certified copy of the court order that gives the conservator authority over the digital assets of the conserved person; 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 account of the conserved person; or

(B) Evidence linking the account to the conserved person.

(c) A conservator with general authority to manage the assets of a conserved person may request a custodian of the digital assets of the conserved person to suspend or terminate an account of the conserved person for good cause. A request made under this subsection must be accompanied by a certified copy of the certificate of appointment giving the conservator authority over the conserved person's property.
Conn. Gen. Stat. § 45a-321 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-321
Sec. 45a-321. (Formerly Sec. 45-252). Custody of real property. Products and income of real property. Family may occupy homestead.
Status: in_force

(b) The family of the decedent shall be allowed to remain in the dwelling house occupied by him at the time of his death, and may occupy such land and buildings connected therewith as the court considers necessary for their convenience and comfort until the same is sold, distributed or otherwise disposed of according to law.

Annotations to former section 45-252:

Executor has, under statute, same control of real estate, not specifically devised, during settlement of estate and same title to it that he has of the personal estate. 34 C. 66, 67. All rents and income vest in executor in same manner as personal property for the benefit of parties entitled to it. 44 C. 516, 517. Executor's right not affected by decree limiting time for redemption. 46 C. 453. Provision regarding right of occupancy by family of decedent is to protect right of tenant by the curtesy. 52 C. 423; 67 C. 276. Tenant of administrator cannot set off debt due from intestate against rent. 53 C. 502. Cited. 65 C. 227. Right of administrator to maintain suits as to lands. 75 C. 662; 79 C. 493; Id., 685; 85 C. 698. But heir may enter and protect lands from disseizors. 84 C. 569. Administrator's right ceases when final account settling estate is allowed. 77 C. 376; 78 C. 517. Land specifically devised excepted. 81 C. 224; 85 C. 567. Administrator may hold possession as cotenant. 81 C. 446. Any lease by an administrator or executor is valid only until final settlement of estate. 93 C. 709; 103 C. 234. Who is included in term “family”. Id., 235. Whether administrator or executor should lease or otherwise render real estate in his hands productive depends on all circumstances-test is reasonable prudence. Id., 232. Cited. 127 C. 168. Devisee of absolute estate subject to conditional limitation is entitled to possession on settlement of estate. 129 C. 352. Notice by lessee to administrator of intention to exercise option to renew lease does not bind heirs. 130 C. 304. Cited. Id., 682. Where no allegation was made that realty in question was needed to meet claims against estate, there could be no occasion to permit exercise of plaintiff executors' power under statute. 159 C. 371, 376.

Cited. 7 CA 522.

Cited. 5 CS 231; 11 CS 43. An administrator may not maintain an action to recover real property conveyed by his decedent as a result of fraud unless the property is required for debts or administration of the estate. Id., 72. Rents and profits from real estate regarded as incident to it and to go to the benefit of the persons entitled to the real estate. 12 CS 13.

Cited. 3 Conn. Cir. Ct. 275.
Conn. Gen. Stat. § 45a-732 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-732
Sec. 45a-732. (Formerly Sec. 45-62). Husband and wife to join in adoption.
Status: in_force

Annotations to former section 45-62:

Cited. 152 C. 706.

Where husband did not join in adoption, Probate Court was without jurisdiction to approve adoption agreement. 18 CS 181.
Conn. Gen. Stat. § 45a-611 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-611
Sec. 45a-611. (Formerly Sec. 45-44d). Reinstatement of parent as guardian of the person of minor.
Status: in_force

(b) In the case of a parent who seeks reinstatement, the court shall hold a hearing following notice to the guardian, to the parent or parents and to the minor, if over twelve years of age, by first class mail not less than ten days before the date of the hearing. If the court determines that the factors which resulted in the removal of the parent have been resolved satisfactorily, the court may remove the guardian and reinstate the parent as guardian of the person of the minor, if it determines that it is in the best interests of the minor to do so. At the request of a parent, guardian, counsel or guardian ad litem representing one of the parties, filed within thirty days of the decree, the court shall make findings of fact to support its conclusions.

(c) The provisions of this section shall also apply to the reinstatement of any guardian of the person of a minor other than a parent.

(d) Notwithstanding the provisions of this section, and subject to the provisions of subsection (b) of section 45a-616a , a parent who has been removed as guardian of the person of a minor may not petition for reinstatement as guardian if a court has established a permanent guardianship for the person of the minor pursuant to section 45a-616a .

Annotation to former section 45-44d:

Cited. 193 C. 393.

Annotation to present section:

Under section, once a parent demonstrates that the factors that resulted in the removal of the parent as guardian have been resolved satisfactorily, the parent is entitled to a presumption that reinstatement of guardianship rights is in the best interests of the child and the party opposing reinstatement must rebut this presumption by clear and convincing evidence. 336 C. 272.

A parent who has demonstrated that the reasons that led to the removal of that parent's guardianship rights have been resolved satisfactorily is constitutionally entitled to a presumption that reinstatement is in the best interests of the child, and this presumption applies when the current guardian is a nonparent, but does not apply in a dispute between two parents, and a nonparent must rebut this presumption by clear and convincing evidence. 213 CA 858.

Subsec. (b):

Trial court improperly expanded scope of hearing to address substantive issues without providing prior notice to respondent, in violation of her right to due process. 290 C. 371.
Conn. Gen. Stat. § 45a-164 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-164
Sec. 45a-164. (Formerly Sec. 45-238). Sale or mortgage of real property.
Status: in_force

(b) The court may empower the conservator, guardian, temporary administrator, administrator, executor or trustee to execute a conveyance of such property or to execute a note and a mortgage to secure such property upon giving a probate bond faithfully to administer and account for the proceeds of the sale or mortgage according to law, unless the court finds that there is in force, for such fiduciary, a probate bond in an amount and with security determined in accordance with section 45a-139 or unless the bond is dispensed with in accordance with section 45a-169 . The application shall set forth a description of the property to be sold or mortgaged.

(c) After a hearing, the court may authorize that the property be sold to the fiduciary either directly or under the provisions of section 45a-167 , except that if a public sale is ordered, the fiduciary may be the purchaser only if the sale is made under section 45a-167 . In the case of any proposed sale to a fiduciary, any notice shall indicate that the fiduciary is the proposed purchaser.

(d) If any person having an interest in such real property is not in being or is not ascertained or is under a disability, the court shall appoint a guardian ad litem to represent the interests of such person at the hearing. A guardian ad litem shall not be necessary if such person is represented by a guardian or by a conservator, unless the sale of the property is to such guardian or conservator or such guardian or conservator has a potential conflict as an applicant or otherwise.

(e) The order and the sale or mortgage under the order shall be conclusive upon all persons then or thereafter existing whose interests have been so represented.

Annotations to former section 45-238:

Sale of real estate under former statutes: Sale of insolvent estate cannot be attacked by showing that claims allowed by commissioners were unjust. 2 R. 270. Court cannot appoint person other than administrator to sell real estate. 4 D. 140. Power to sell land does not carry with it power to create easement in other land. 5 D. 92. Return not necessary to validity of sale. Id., 213. When decree invalidating order of sale not a bar to procuring subsequent order. 1 C. 53. Order of sale valid on its face cannot be collaterally attacked. Id., 469. Court cannot order sale of real estate to pay legacy. 4 C. 166. Order of sale only authorizes such instrument as is legally proper for conveyance of estate. 4 C. 512; 6 C. 269. Order to sell must be strictly followed. 6 C. 387. Not necessary to state in deed reasons why sale was ordered. 10 C. 87. Consideration may be less than sum named in the order. 22 C. 276. A new order not necessary where an invalid sale is made under a valid order. 27 C. 239. Order requiring notice to be published in county, but actually published in district, sufficient. 49 C. 428. Whether real estate should be sold is in sound discretion of court. 60 C. 67. Cited. 63 C. 352. Order of sale without notice of hearing invalid. 67 C. 8. Statute to be strictly followed. 68 C. 412. Effect of sale on rights of heirs; 84 C. 212; of devisees; 90 C. 143. Sale subject to dower. 72 C. 256. Failure to distribute surplus breach of bond herein required, not of administration bond. 77 C. 75; 82 C. 308. Administrator can defend against his agreement to sell land, on ground that court refused to order sale, though such refusal based on facts he laid before court. 80 C. 227. In case of fraud by administrator in sale, remedy on bond is cumulative. 81 C. 127. Power of court to order sale for purpose of distribution. 84 C. 212; 87 C. 85. Limitation of time within which order for sale may be effectual against heir in possession. 7 Wheat. 59; 90 C. 562. Sale of real estate before termination of life estate does not change nature of proceeds; they remain real estate under statute. 98 C. 333. Proceeds of sale of real estate cannot be charged with expenses, debts or legacies which would not have been chargeable against the real estate if not sold. 105 C. 238. Public notice of private sale not required since 1921 act. Id., 687. Cited. 109 C. 315; 121 C. 112.

Sale or mortgage by conservator: Conservator can sell real estate only under authority of court. 5 C. 286. Must sell for cash. 21 C. 290, 292. General statement of authority in deed held sufficient. 25 C. 1. Recitation in deed of authority to sell sufficient. 27 C. 529. Acceptance of return of sale held not conclusive. 33 C. 347. Cited. 67 C. 195. Who may recover for fraud by conservator in such sale. 81 C. 131. Conservator has no power to borrow money on credit of ward's estate, except by order of court. 85 C. 279.

Sale or mortgage of trust estates: General reference in deed to authority sufficient. 27 C. 528. Proceeds of sale are covered by trustee's bond. 77 C. 75. Where several are appointed trustees and only one qualifies, though will gives power to sell, order of court should be secured. 80 C. 673. Orders for sale where, in certain contingency, will gives trustee power, merely determine existence of contingency. 81 C. 171. Trustee cannot sell property to facilitate distribution, without order of court. 89 C. 283. Court may order sale under statute although period provided by will in which trustee could sell has elapsed; 105 C. 286; but otherwise if will contains an express prohibition against selling. Id., 278. Power to sell given in will does not include power to mortgage. Id., 286. Proceeds of mortgage may be used for improvement of real estate damaged by fire. 109 C. 199. Mere fact that sale of real estate is not necessary to pay debts does not make order of sale by Probate Court invalid. 135 C. 20. Cited. 140 C. 594; 143 C. 716.

Conservatrix may not bind ward's estate in implied contract with real estate agent for sale of ward's property without Probate Court approval. 155 C. 119. Empowers Probate Court to authorize sale of estate land but does not provide for counsel fees. 160 C. 415. Statute contemplates an open and fair sale in the best interest of the parties in interest and plaintiff who offered to purchase estate asset is entitled to due process in the court approving the sale. 180 C. 511. Cited. 186 C. 63; Id., 67; Id., 360; 208 C. 606; 209 C. 260.

Cited. 4 CA 436; 11 CA 297; 20 CA 58.

Conservator may sell property of ward only on authority of Probate Court. 7 CS 225. Conditions for denial of application to sell. 13 CS 14. Court may order sale or mortgage to satisfy debts and charges subject to the conditions of Sec. 45-271b. 17 CS 501. Cited. 40 CS 484.

Annotations to present section:

Subsec. (a):

Cited. 24 CA 582. Probate Court not required to hold public hearing to give potential bidders an opportunity to comment on bidding procedure. 66 CA 591.

Subsec. (b):

Limits application of a bond to the misappropriation related to a real estate transaction, and not all misappropriations related to the estate, where bond form was marked to indicate the restricted nature of the bond and there was no evidence that a global bond was intended. 269 C. 550.
Conn. Gen. Stat. § 45a-24 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-24
Sec. 45a-24. (Formerly Sec. 45-9). Validity of orders, judgments and decrees.
Status: in_force

Annotations to former section 45-9:

Generally as to collateral attack. 2 C. 388; 26 C. 273; 39 C. 523; 45 C. 196; 48 C. 165; 50 C. 330; 59 C. 361; 62 C. 221; 63 C. 338; 66 C. 140; 67 C. 7; Id., 184; 69 C. 78; 70 C. 378; 75 C. 308; 86 C 470. Order by disqualified judge unappealed from held valid. 39 C. 257. Effect of fraud on provision. 66 C. 140; 91 C. 521. Court cannot ordinarily revoke its own decrees. 76 C. 420; 81 C. 688. Failure to conform to law in preliminary matter may not be ground to set aside decree. Id., 681; 86 C. 281. Foreign judgment of Probate Court entitled to full credit. 81 C. 686. Where an estate is administered as intestate because of mistaken belief that there was no will, equity can enjoin any use of probate decrees to hamper or defeat proceedings to secure probate of will later discovered. 135 C. 489. Action in equity to set aside a decree admitting a will to probate held a direct attack and not within prohibition of section. 146 C. 188. Cited. 152 C. 530, 532; 153 C. 545; Id., 603; 165 C. 478, 487. Fraudulent assertion of death concerned jurisdictional fact, and decree was subject to collateral attack and to being declared null and void, but a void decree may form basis for adverse possession. 171 C. 149.

Cited. 22 CA 490; 23 CA 174.

Where estate was administered and distributed as intestate and will was discovered 4 years later, court permitted proceedings in probate though there was no fraud. 15 CS 316. Where tax commissioner appealed Probate Court decree holding 2 of 3 antemortem transfers by decedent nontaxable, executor who had failed to appeal finding of third transfer as taxable could not raise the issue by affirmative claim in his answer and plea in abatement was granted on grounds of lack of jurisdiction. 28 CS 210.

Annotations to present section:

Counterclaim was essentially an appeal from Probate Court decree and coexecutor's separate application for authorization to sell real property was a pleading filed in furtherance of their claim on appeal; Superior Court was sitting as a Probate Court in a probate appeal; Superior Court's adjudication of application did not violate section. 152 CA 282; judgment reversed in part, see 320 C. 103. Section provides only for collateral attacks and has no provision permitting direct attacks on probate decrees, therefore, in order for Superior Court to possess jurisdiction, a plaintiff would need to institute a separate action collaterally attacking the probate decree admitting the will and invoke the court's equitable jurisdiction by alleging fraud or other equitable grounds. 197 CA 373.
Conn. Gen. Stat. § 45a-558h — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558h
Sec. 45a-558h. Validity and effect of transfer.
Status: in_force

(b) A transfer made pursuant to section 45a-558f is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in sections 45a-557 to 45a-560b , inclusive, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in sections 45a-557 to 45a-560b , inclusive.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of sections 45a-557 to 45a-560b , inclusive, and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in sections 45a-557 to 45a-560b , inclusive.
Conn. Gen. Stat. § 45a-542a — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542a
Sec. 45a-542a. Definitions.
Status: in_force

(1) “Accounting period” means a calendar year unless another twelve-month period is selected by a fiduciary. The term includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends.

(2) “Beneficiary” includes, in the case of a decedent's estate, an heir, legatee and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.

(3) “Fiduciary” means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function.

(4) “Income” means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in sections 45a-542i to 45a-542w , inclusive.

(5) “Income beneficiary” means a person to whom net income of a trust is or may be payable.

(6) “Income interest” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion.

(7) “Mandatory income interest” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

(8) “Net income” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under sections 45a-542 to 45a-542ff , inclusive, to or from income during the period.

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

(10) “Principal” means property held in trust for distribution to a remainder beneficiary when the trust terminates.

(11) “Remainder beneficiary” means a person entitled to receive principal when an income interest ends.

(12) “Terms of a trust” means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.

(13) “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
Conn. Gen. Stat. § 45a-123a — Connecticut Code / Title 45a / Chapter 801b / Section 45a-123a
Sec. 45a-123a. Probate magistrates. Attorney probate referees. Qualifications. Nomination and appointment. Compensation.
Status: in_force

(2) The Probate Court Administrator may nominate former probate judges who meet the requirements of this subsection to serve as probate magistrates. The Probate Court Administrator shall provide a list of such nominated former judges to the Chief Justice of the Supreme Court and update the list as necessary. The Chief Justice shall appoint probate magistrates from the list for a term of three years and inform the Probate Court Administrator of such appointments. The Chief Justice, on the recommendation of the Council on Probate Judicial Conduct or the Probate Court Administrator, may suspend or remove a probate magistrate during his or her term for reasonable cause. The Probate Court Administrator shall assign probate magistrates pursuant to section 45a-123 from among the probate magistrates appointed by the Chief Justice.

(3) Each probate magistrate shall receive, for each day the probate magistrate is engaged as a probate magistrate, in addition to any retirement salary the probate magistrate is entitled to receive, an amount of fifty dollars per hour, not to exceed two hundred fifty dollars per day, for each day of service. Such service includes, but is not limited to, conducting hearings and preparing a report or amendment to a report pursuant to section 45a-123 . Service as a probate magistrate shall not constitute credited service for purposes of health, retirement or other benefits. Amounts paid to a probate magistrate under this subdivision shall be paid from the Probate Court Administration Fund established under section 45a-82 .

(b) (1) In addition to the probate magistrates appointed pursuant to subsection (a) of this section, there shall be attorney probate referees for the purpose of hearing matters referred pursuant to section 45a-123 . Any individual who has been a member of the bar of this state in good standing for at least five years, is an elector of this state and is under seventy years of age shall be eligible for nomination, appointment and assignment as an attorney probate referee.

(2) The Probate Court Administrator may nominate individuals who meet the requirements of this subsection as attorney probate referees. Any probate judge may submit to the Probate Court Administrator, on such form and in such manner as the Probate Court Administrator prescribes, a recommendation that the Probate Court Administrator nominate a specified individual as attorney probate referee, provided the individual meets the requirements of this subsection. The Probate Court Administrator shall consider any such recommendation prior to making a nomination under this subdivision, but shall not be bound by such recommendation. The Probate Court Administrator shall ensure geographic, racial and ethnic diversity among individuals nominated as attorney probate referee.

(3) The Probate Court Administrator shall provide a list of individuals nominated as attorney probate referee to the Chief Justice of the Supreme Court and update the list as necessary. The Chief Justice shall appoint attorney probate referees from the list for a term of three years and inform the Probate Court Administrator of such appointments. The Chief Justice, on the recommendation of the Council on Probate Judicial Conduct or the Probate Court Administrator, may suspend or remove an attorney probate referee during his or her term for reasonable cause. The Probate Court Administrator shall assign attorney probate referees pursuant to section 45a-123 from among the attorney probate referees appointed by the Chief Justice.

(4) No attorney probate referee shall receive compensation for his or her duties as an attorney probate referee.

(c) Each probate magistrate and attorney probate referee shall complete continuing education programs established for such magistrates and referees under regulations issued by the Probate Court Administrator pursuant to section 45a-77 .

(d) No person shall be subject to the requirements of sections 45a-25 and 45a-26 with respect to probate judges solely on the basis of such person's nomination, appointment or assignment as a probate magistrate or an attorney probate referee.
Conn. Gen. Stat. § 45a-578 — Connecticut Code / Title 45a / Chapter 802g / Section 45a-578
Sec. 45a-578. (Formerly Sec. 45-299). Construction of chapter. Definitions.
Status: in_force

(b) As used in said sections, (1) the term “nontestamentary instrument” includes, but is not limited to, a trust other than a trust created under a will, an annuity, a policy of life, health or accident insurance, a bank account or any contract or other document naming another party as beneficiary thereof whether such beneficiary takes by survivorship, payment on death or outright grant, but does not include a will; (2) the term “interest” means any interest in property, real or personal, including any power whether granted by instrument or by law, even if held in a fiduciary capacity; (3) the term “will” includes all codicils thereto; and (4) the terms “joint tenancy”, “joint tenant” and “joint tenants” have the same meaning and effect as provided in sections 47-14a to 47-14k , inclusive.

(c) A disclaimer which complies with the requirements of said sections is irrevocable.

Annotation to former section 45-299:

Cited. 211 C. 323.
Conn. Gen. Stat. § 45a-46 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-46
Sec. 45a-46. (Formerly Sec. 45-29m). Refund of contributions after death.
Status: in_force

(b) If no named beneficiary survives the member, or the survivor of the member and his spouse, payment shall be made to the executors or administrators of the estate of the member or his spouse, as the case may be, except that, if the amount is less than one thousand dollars, the refund may be made in accordance with the terms of section 45a-273 at the option of the Retirement Commission.
Conn. Gen. Stat. § 45a-126 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-126
Sec. 45a-126. (Formerly Sec. 45-32). Giving of public notice.
Status: in_force

(b) Notwithstanding subsection (a) of this section, notice by publication is not required if actual notice is received by all parties interested in a matter or proceeding unless such notice is requested by an interested party or is required by the court.

Annotations to former section 45-32:

Giving of this notice is sufficient although parties did not have actual notice. 96 C. 324; 107 C. 284. Cited. 163 C. 439.
Conn. Gen. Stat. § 45a-440a — Connecticut Code / Title 45a / Chapter 802b / Section 45a-440a
Sec. 45a-440a. (Formerly Sec. 45-287a). When deaths of husband and wife presumed simultaneous.
Status: in_force

Annotation to former section 45-261:

Where husband and wife perish in same disaster and there is no conclusive evidence who died first, method provided for distribution in statute will apply. 16 CS 441.
Conn. Gen. Stat. § 45a-475 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-475
Sec. 45a-475. (Formerly Sec. 45-85). Filling of vacancy in town or county trusteeship. Duties of town's successor trustee.
Status: in_force

(b) (1) When any town treasurer acts as such trustee, he shall include in his annual statement a report in detail of his account as such trustee, including a list of the securities on hand, the price and date of purchase of all securities purchased since his last statement, the amount, date and source of each item of income received and the names of all banks and depositaries where such trust money is deposited with the amount on deposit in each bank or depositary. (2) Such trust funds held by a town treasurer shall be invested only in the manner prescribed by section 45a-203 , unless otherwise directed by vote of a town meeting. (3) All property so held in trust by a town treasurer shall at all times be open to the inspection of the selectmen and to the inspection of the person or persons appointed under the provisions of section 7-392 to audit the accounts of the town.

(c) The provisions of section 45a-474 shall not apply to the trusts specified in this section.
Conn. Gen. Stat. § 45a-541i — Connecticut Code / Title 45a / Chapter 802c / Section 45a-541i
Sec. 45a-541i. Delegation of investment and management functions.
Status: in_force

(b) In performing a delegated function, an agent owes a duty to the trustee and to the trust to exercise reasonable care to comply with the scope and terms of the delegation and to exercise the delegated function with reasonable care, skill and caution. An attempted exoneration of the agent from liability for failure to meet such a duty is contrary to public policy and void.

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

(d) By accepting the delegation of a trust function from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state and can be held liable by the courts of this state for any breach of duty arising out of the delegation agreement or the terms of sections 45a-541 to 45a-541 l , inclusive.