Conn. Gen. Stat. § 45a-341 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-341
Sec. 45a-341. (Formerly Sec. 45-202). Inventory to be filed. Property included in inventory. Appraisal. Time limits. Sale of personal property. Hearing.
Status: in_force

(2) When any personal property of a deceased person or insolvent debtor is outside of this state the court may receive an inventory of such property, accompanied by such evidence of its value as it deems sufficient and signed under penalty of false statement by the fiduciary.

(3) The inventory and appraisal of the estate of any deceased nonresident shall include only such interest as the decedent had at the time of his or her death in the real property and tangible personal property situated in this state and intangible personal property, provided intangible personal property shall not be included if the proceeding in this state with regard to such estate is ancillary to a proceeding in another jurisdiction.

(4) The fiduciary shall appraise or cause to be appraised such inventoried property at its fair market value.

(b) (1) The fiduciary shall file the inventory in the court of probate having jurisdiction of the estate of the deceased person or insolvent debtor within two months after the acceptance of the bond or other qualification of the fiduciary.

(2) The court may, for cause shown, extend the time for the filing of such inventory to not more than four months from the qualification of the fiduciary.

(c) If the court grants administration of a decedent's estate to a person other than (1) the person designated in the will as executor or successor to such executor, (2) the surviving spouse, (3) any child of the decedent or any guardian of such child as the court shall determine, (4) any grandchild of the decedent or any guardian of such grandchild as the court shall determine, (5) the decedent's parents, (6) any brother or sister of the decedent, or (7) the next of kin entitled to share in the estate, the fiduciary appointed by the court shall file an inventory as required by this section prior to the sale, either under a power in the will or under the laws of this state, of any property other than real estate; except that if the fiduciary appointed is a state bank and trust company or national banking association authorized to do business in this state, such fiduciary shall not be required to file such an inventory of intangible personal property prior to sale. The fiduciary shall send a copy of such inventory to each person interested in the estate and shall notify each such person by regular mail, that a sale of certain items in the inventory is contemplated. Such notice shall inform the recipient that he or she may object to such sale by filing a notice of objection in writing with the court of probate having jurisdiction of the estate of the decedent within five days after receipt of such notice of sale. Upon receipt of such notice of objection, the court shall set a time and place for a hearing, with notice to all persons interested in the estate.

(d) Notwithstanding the provisions of subsection (c) of this section, upon application by the fiduciary, the court may order a sale of personal property without a hearing prior to the filing of an inventory and notice of sale, provided the court finds that an expeditious sale is necessary for the protection of the estate and a delay would cause irreparable harm to the estate.

(e) The fiduciary shall file an inventory containing a legal description of any real estate of the decedent prior to a sale pursuant to sections 45a-162 to 45a-169 , inclusive, and sections 45a-427 and 45a-428 .

Annotations to former section 45-202:

Inventory not to be rejected because it contains property, title to which is disputed. K. 103. Suit may be maintained on bond for fraudulent inventory. 1 D. 15. Inventory necessary on which to base order of sale. Id., 312. Duty of administrator to inventory estate fraudulently conveyed by decedent. 3 C. 294; 11 C. 287; 52 C. 439; 60 C. 480. Condition of bond broken by failure to return inventory within time stipulated. 5 C. 383. Omission to file inventory evidence that estate is sufficient to pay all legacies. 7 C. 138. Administrator not liable for failure to inventory fraudulently assigned estate when he has no knowledge of fraud. 8 C. 108. Court of Probate may correct errors in inventories and receive new ones. 9 C. 197. How assignment in trust to creditor inventoried. Id., 473. Real estate as well as personal to be inventoried. 12 C. 35. Foreign judgment need not be inventoried here. 19 C. 248. General practice not to inventory open and unsettled accounts. 21 C. 243. Omission of trustee of assigned estate to inventory assets of debtor is not conclusive that assignment is fraudulent. 26 C. 426. Full value of property withheld from inventory, correct rule of damages. 32 C. 330. Additional inventory should be made on finding more property. Id., 558. Cited. 66 C. 508. Nature and purpose of inventory. 67 C. 455; 77 C. 655. Application to nonresident decedents. 76 C. 617. Application to property of resident decedent located outside the state; right of court to require additional inventory. 77 C. 644; Id., 657. Law formerly did not require choses in action to be inventoried; effect of collecting them. 80 C. 620. Burden of proof and evidence on application for correction of inventory to include omitted property. 84 C. 659. Duty to inventory property fraudulently conveyed or where deed is not recorded. 85 C. 698. Rule of valuation. 91 C. 532. Cited. 110 C. 46. History of section. 126 C. 139. Valuation should be made as of date of death. Id., 144. The liability of a debtor could be in no way affected by the inventorying of or the failure to inventory a chose in action. 138 C. 376. Cited. 169 C. 218.

Cited. 20 CS 262.

Annotation to present section:

Cited. 239 C. 553.
Conn. Gen. Stat. § 45a-100 — Connecticut Code / Title 45a / Chapter 801a / Section 45a-100
Sec. 45a-100. Power to grant relief from federal firearms disability.
Status: in_force

(b) The petitioner shall submit to the Probate Court, together with the petition and the releases required by subsection (d) of this section, information in support of the petition, including, but not limited to:

(1) Certified copies of medical records detailing the petitioner's psychiatric history where applicable, including records pertaining to the specific adjudication or commitment that is the subject of the petition;

(2) Certified copies of medical records from all of the petitioner's current treatment providers, if the petitioner is receiving treatment;

(3) A certified copy of all criminal history information maintained on file by the State Police Bureau of Identification and the Federal Bureau of Investigation pertaining to the petitioner or a copy of the response from said bureaus indicating that there is no criminal history information on file;

(4) Evidence of the petitioner's reputation, which may include notarized letters of reference from current and past employers, family members or personal friends, affidavits from the petitioner or other character evidence; and

(5) Any further information or documents specifically requested by the court, which documents shall be certified copies of original documents.

(c) The petitioner shall cause a copy of the petition and all supporting documents submitted to the Probate Court pursuant to subsection (b) of this section to be delivered to the Commissioner of Emergency Services and Public Protection and shall certify to the Probate Court that such delivery has been made.

(d) The petitioner shall provide for the release of all of the petitioner's records that may relate to the petition, including, but not limited to, health, mental health, military, immigration, juvenile court, civil court and criminal records, on forms prescribed by the Probate Court Administrator. The releases shall authorize the Commissioner of Emergency Services and Public Protection to obtain any of such records for use at the Probate Court hearing or in any appeal from the decision of the Probate Court.

(e) The petitioner shall ensure that all required information accompanies the petition at the time it is submitted to the court. Unless specifically requested by the court, information provided after receipt of the petition by the court shall not be considered. Information specifically requested by the court must be received by the court no later than fifteen days after the date of the request in order for the information to be considered. The court may extend such time period for good cause shown. Failure to provide the requested information within such time period may result in a denial of the petition.

(f) Upon the filing of the petition, the Probate Court shall set a date, time and place for a hearing and shall give notice of such hearing to (1) the petitioner, (2) the Commissioner of Emergency Services and Public Protection, (3) the court that rendered the adjudication or commitment, (4) the conservator appointed for the petitioner, if any, and (5) any other person determined by the court to have an interest in the matter.

(g) The court shall cause a recording of the testimony given at such hearing to be made. Such recording shall be transcribed only in the event of an appeal from the decision rendered by the Probate Court under this section. A copy of such transcript shall be furnished without charge to any appellant whom the Probate Court finds is unable to pay for such copy. The cost of such transcript shall be paid from funds appropriated to the Judicial Department.

(h) The petitioner shall have the burden of establishing by clear and convincing evidence that (1) the petitioner is not likely to act in a manner that is dangerous to public safety, and (2) granting relief from the federal firearms disability is not contrary to the public interest. The Commissioner of Emergency Services and Public Protection and any other person determined by the court to have an interest in the matter may present any and all relevant information at the Probate Court hearing and in any appeal to the Superior Court.

(i) In determining whether to grant relief under this section, the court shall consider the following:

(1) The circumstances regarding the firearms disability imposed by 18 USC 922(d)(4) and 18 USC 922(g)(4);

(2) The petitioner's record, which shall include, at a minimum, the petitioner's mental health records and criminal history records, if any;

(3) The petitioner's reputation, which the petitioner must demonstrate through character witness statements, testimony or other character evidence; and

(4) Any other relevant information provided by the petitioner, the Commissioner of Emergency Services and Public Protection or any other person determined by the court to have an interest in the matter.

(j) The court shall grant relief under this section if it finds by clear and convincing evidence that: (1) The petitioner will not be likely to act in a manner dangerous to public safety, and (2) granting the relief will not be contrary to the public interest. The court shall include in its decision the specific findings of fact on which it bases its decision.

(k) Notwithstanding the provisions of subsection (j) of this section, the court shall not grant relief under this section if it finds that the petitioner is otherwise prohibited from possessing a firearm pursuant to section 53a-217 .

(l) The petitioner or the Commissioner of Emergency Services and Public Protection may appeal the final decision of the Probate Court to the Superior Court in accordance with the provisions of section 45a-186 . Notwithstanding any other provision of the general statutes, any review of the decision of the Probate Court by the Superior Court shall be de novo.

(m) Enforcement of any decision of the Probate Court granting relief pursuant to the petition shall be stayed until the period in which to take an appeal under section 45a-186 has expired or, if an appeal is taken, until the final decision of the court. If the court grants the relief and no appeal is taken or an appeal is taken and the decision is upheld, the court granting relief shall notify the Commissioner of Emergency Services and Public Protection of that decision.

(n) As soon as practicable after receiving notice of the decision of the court granting relief, the Commissioner of Emergency Services and Public Protection shall (1) coordinate the removal or cancellation of the record in the National Instant Criminal Background Check System (NICS), and (2) notify the Attorney General of the United States that the basis of the record no longer applies.

(o) All proceedings in the Probate Court under the provisions of this section shall be closed to the public and all records of the proceedings shall be confidential and not subject to disclosure except to the petitioner or his or her counsel and the Commissioner of Emergency Services and Public Protection, unless the Probate Court, after notice to the parties and a hearing, determines that such records should be disclosed for good cause shown.
Conn. Gen. Stat. § 45a-682 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-682
Sec. 45a-682. (Formerly Sec. 45-334). Petition for temporary limited guardian. Notice and hearing. Appointment.
Status: in_force

(b) Immediately upon receipt of the petition, the court shall order such notice of the petition and the date and time of hearing as it may direct to the respondent, the respondent's parents or spouse, if any, the Department of Developmental Services and the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system. A hearing shall be held promptly, taking into consideration the condition of the respondent. If, after hearing, the court finds that the respondent by reason of the severity of the respondent's intellectual disability is incapable of giving informed consent to such procedure, and that the respondent will suffer deterioration of the respondent's physical or mental health or serious discomfort if such procedure or treatment, or both, is not ordered, the court may appoint a temporary limited guardian for the purpose of consenting to such procedure or treatment, or both. In making such appointment, the court shall give preference to the parent, next of kin or other person whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner's designee, to serve in such capacity if it is unable to find a suitable guardian. The appointment shall not be valid for more than sixty days. A temporary limited guardian shall be subject to all limitations set forth in section 45a-677 .
Conn. Gen. Stat. § 45a-545h — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545h
Sec. 45a-545h. Representation.
Status: in_force

(b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or the Connecticut Uniform Trust Code is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.

(c) A person with authority to represent and bind another person under a first-trust instrument or the Connecticut Uniform Trust Code may file a petition under section 45a-545i on behalf of the person represented.

(d) A settlor may not represent or bind a beneficiary under sections 45a-545a to 45a-545cc , inclusive.
Conn. Gen. Stat. § 45a-499zzz — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499zzz
Sec. 45a-499zzz. Certification of trust.
Status: in_force

(b) A certification of trust may be signed or otherwise authenticated by any trustee.

(c) A certification of trust shall state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(d) A certification of trust need not contain the dispositive terms of a trust.

(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.

(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including legal fees and costs, if the court determines that the person did not act in good faith in demanding the trust instrument.

(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust and does not limit the right of the Attorney General to notice under subsection (d) of section 45a-499rrr .
Conn. Gen. Stat. § 45a-75 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-75
Sec. 45a-75. (Formerly Sec. 45-29u). Probate Court Administrator, salary and benefits.
Status: in_force

(b) The Probate Court Administrator shall receive: (1) Retirement benefits provided in sections 51-49 to 51-50b , inclusive, and section 51-51 ; (2) life insurance benefits provided in section 5-257 ; (3) medical insurance benefits as provided in section 5-259 ; and (4) any other benefits which may be established for Superior Court judges by the General Assembly or by the Judicial Department.

(c) The Judicial Department shall be reimbursed for such salary and benefits by transfer from the fund established in section 45a-82 . Any Probate Court Administrator, who upon his retirement is not eligible to participate in the retirement benefits provided in sections 51-50 and 51-50a , may elect to participate in the benefits of sections 45a-34 to 45a-53 , inclusive. Any contributions paid to the General Fund in accordance with section 51-50b shall be transferred to the fund established under section 45a-82 . Any Probate Court Administrator who has elected retirement under the provisions of section 51-50 shall not be eligible for retirement benefits under sections 45a-34 to 45a-53 , inclusive. All sums which have been paid into the retirement fund for judges of probate by a probate judge who becomes Probate Court Administrator shall be transferred to the General Fund as specified in section 51-50b . For the purposes of fulfilling the time requirements for retirement set forth in sections 51-49 to 51-50b , inclusive, service by the Probate Court Administrator as a judge of probate before his appointment as administrator shall be included.

(d) If a Probate Court Administrator ceases to be Probate Court Administrator for any reason other than retirement, he may participate in the benefits established in sections 45a-34 to 45a-53 , inclusive, and any contributions paid to the General Fund in accordance with section 51-50b shall be transferred to the fund established under section 45a-82 . For the purposes of fulfilling the time requirements of section 45a-38 , 45a-39 or 45a-40 , service as Probate Court Administrator shall be credited as service as a judge of probate.

Annotations to former section 45-29u:

Cited. 213 C. 54; 214 C. 552.
Conn. Gen. Stat. § 45a-535d — Connecticut Code / Title 45a / Chapter 802c / Section 45a-535d
Sec. 45a-535d. Delegation of management and investment of institutional fund.
Status: in_force

(1) Selecting an agent;

(2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

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

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

(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.

(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

(e) An institution may delegate management and investment functions to its committees, officers or employees as authorized by law other than sections 45a-535 to 45a-535i , inclusive.
Conn. Gen. Stat. § 45a-502 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-502
Sec. 45a-502. (Formerly Sec. 45-96a). “Majority” defined for trusts executed prior to October 1, 1972.
Status: in_force

Annotation to former section 45-96a:

Cited. 168 C. 144.
Conn. Gen. Stat. § 45a-499ii — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ii
Sec. 45a-499ii. Modification or termination of uneconomic trust.
Status: in_force

(b) The court may modify or terminate a noncharitable testamentary or inter vivos trust or remove the trustee of the trust and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration relative to the material purposes of the trust. Notwithstanding the provisions of this subsection, the court may not terminate a testamentary or inter vivos trust established pursuant to 42 USC 1396p(d)(4)(A) or (C), as amended from time to time. The court may only modify a trust established pursuant to 42 USC 1396p(d)(4)(A) or (C), as amended from time to time to ensure compliance with the requirements of federal law or to modify any individual's contingent beneficial interest that is available only after repayment to this state or another state for (1) medical assistance provided; and (2) all claims for which this state would have claims against the estate of the deceased beneficiary that have not previously been paid or reimbursed. The provisions of this subsection providing for repayment of medical assistance to the state for trusts established under 42 USC 1396p(d)(4)(A) or (C), as amended from time to time, are presumed to be a material purpose of the trust.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property: (1) In a manner consistent with the purposes of the trust; or (2) if the termination is approved by the court, as directed by the court after considering the material purposes of the trust.

(d) The provisions of this section do not apply to an easement for conservation or preservation.
Conn. Gen. Stat. § 45a-25 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-25
Sec. 45a-25. (Formerly Sec. 45-11b). Probate judge not to appear as attorney in contested matter in probate court.
Status: in_force

(b) For the purposes of subsection (a) of this section, a matter before a court of probate is a contested matter when any party to such matter informs the court, orally or in writing, of any objection or opposition in such matter, without regard to the apparent merit or lack of merit of such objection or opposition.
Conn. Gen. Stat. § 45a-725 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-725
Sec. 45a-725. (Formerly Sec. 45-61j). When child free for adoption.
Status: in_force

Annotations to former section 45-61j:

Cited. 168 C. 421.

Cited. 41 CS 23.

Annotations to present section:

Cited. 46 CA 69.

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-343 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-343
Sec. 45a-343. (Formerly Sec. 45-203a). Objections to inventory or appraisal. Notice and hearing.
Status: in_force

(b) Upon the filing of the objections, the court shall order a hearing on the acceptance of the inventory and appraisal to be had within sixty days and not less than fifteen days after the filing of the objections. The court shall cause notice of the time and place of the hearing to be forthwith given to the fiduciary of the estate and to each party in interest.

(c) The court, upon such hearing, shall hear the objections and may order the fiduciary to amend the inventory or appraisal in any way that it finds proper, and may accept the same as amended.
Conn. Gen. Stat. § 45a-558c — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558c
Sec. 45a-558c. Other transfer by fiduciary.
Status: in_force

(b) Subject to subsection (c) of this section, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 45a-558f .

(c) A transfer under subsection (a) or (b) of this section may be made only if (1) the personal representative, trustee or guardian considers the transfer to be in the best interest of the minor, (2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument, and (3) the transfer is authorized by the court if it exceeds five thousand dollars in value.

(d) For purposes of this section, a series of transfers shall be aggregated so that the five-thousand-dollar threshold for court approval cannot be circumvented.
Conn. Gen. Stat. § 45a-656 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-656
Sec. 45a-656. (Formerly Sec. 45-75a). Duties of conservator of the person. Determinations re breach of fiduciary duty.
Status: in_force

(b) In carrying out the duties and authority assigned by the court, the conservator of the person shall be guided by the standards of practice adopted under subsection (h) of section 45a-77 and shall exercise such duties and authority in a manner that is the least restrictive means of intervention. The conservator shall (1) assist the conserved person in removing obstacles to independence, (2) assist the conserved person in achieving self-reliance, (3) ascertain the conserved person's views, (4) make decisions in conformance with the conserved person's reasonable and informed expressed preferences, (5) make all reasonable efforts to ascertain the health care instructions and other wishes of the conserved person, and (6) make decisions in conformance with (A) the conserved person's expressed health care preferences, including health care instructions and other wishes, if any, described in section 19a-580e , or validly executed health care instructions described in section 19a-580g , or (B) a health care decision of a health care representative described in subsection (b) of section 19a-580e , except under a circumstance set forth in subsection (b) of section 19a-580e . The conservator shall afford the conserved person the opportunity to participate meaningfully in decision-making in accordance with the conserved person's abilities and shall delegate to the conserved person reasonable responsibility for decisions affecting such conserved person's well-being.

(c) The conservator shall report at least annually to the Probate Court that appointed the conservator regarding the condition of the conserved person, the efforts made to encourage the independence of the conserved person and the conservator's statement on whether the appointment of the conservator is the least restrictive means of intervention for managing the conserved person's needs. The duties, responsibilities and authority assigned pursuant to section 45a-650 or set forth in this section shall be carried out within the resources available to the conserved person, either through the conserved person's own estate or through private or public assistance.

(d) The conservator of the person shall not have the power or authority to cause the respondent to be committed to any institution for the treatment of the mentally ill except under the provisions of sections 17a-75 to 17a-83 , inclusive, 17a-456 to 17a-483 , inclusive, 17a-495 to 17a-528 , inclusive, 17a-540 to 17a-550 , inclusive, 17a-560 to 17a-575 , inclusive, 17a-615 to 17a-618 , inclusive, and 17a-621 to 17a-664 , inclusive, and chapter 359.

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

See Sec. 45a-656b re duties of conservator.

A conservator of the person lacks standing to bring an action on behalf of conserved person to collect debts owed the estate or otherwise protect the ward's estate, but a conservator of the estate would be the proper party to request adjudication of such issues. 132 CA 644.

Subsec. (a):

Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under Sec. 45a-144 against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under Sec. 45a-655(a) and this Subsec., as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff; Sec. 45a-144(a) provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint stated legally sufficient cause of action. 257 C. 531. 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. 304 C. 234.

Complaint re timely spend down of assets was insufficient to support cause of action when plaintiff did not allege a breach of duty under section. 58 CA 1.
Conn. Gen. Stat. § 45a-428 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-428
Sec. 45a-428. (Formerly Sec. 45-271d). Sale or mortgage of real property specifically devised. Procedures for solvent and insolvent estates.
Status: in_force

(b) Except as provided in this section, real property of a decedent whose estate is solvent and either specifically devised by will or forbidden by will to be sold or to be mortgaged shall not be so ordered to be sold or mortgaged without the written consent of the specific devisees or other parties interested as distributees of such real property or of the guardians ad litem or guardians or conservators of the estates of those not legally competent so to consent.

Annotation to former section 45-239:

Where widow had life use of husband's estate consisting only of real estate, Probate Court could authorize executor to mortgage estate without her consent, even though estate was probated as a solvent estate. 17 CS 500.

Annotations to present section:

Subsec. (a):

Where estate had insufficient assets other than specifically devised real property, and although title to the property passed to decedent's devisees at her death, such title was not absolute and Probate Court possessed authority to order sale of the subject property. 79 CA 309. Where court determined it was necessary for executor of estate to have possession and control of real property so as to market it for sale in compliance with order of Probate Court, any interest or title in such property that would have otherwise passed under decedent's will was terminated upon the issuance of Probate Court's order to market property for sale and in fact never came into being, and legal title to such property belonged to estate. 118 CA 577.
Conn. Gen. Stat. § 45a-80 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-80
Sec. 45a-80. (Formerly Sec. 45-4a). Office space.
Status: in_force

(b) The Probate Court Administrator shall purchase furniture, stationery, office supplies, typewriters, filing cabinets and such other equipment, apparatus and supplies, contractual services and other services as the Probate Court Administrator deems necessary or advisable for the expeditious conduct of the duties of the office and shall pay for them from the fund established under section 45a-82 , subject to the provisions of section 45a-83 .
Conn. Gen. Stat. § 45a-433 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-433
Sec. 45a-433. (Formerly Sec. 45-273). Distribution of intestate estates.
Status: in_force

(b) If all the persons interested in the estate legally capable of acting and all fiduciaries for any other persons interested in the estate make and file in the court a division of the estate, made, executed and acknowledged like deeds of land, such division, being recorded in the records of the court, shall be a valid distribution of the estate. Any such fiduciary may petition the court of probate which appointed him for permission to enter into such a division, and such permission may be granted or, for cause shown, denied by the court, after a hearing on such petition held on such notice as the court may order.

(c) If any intestate estate consists wholly of real property, the Court of Probate shall issue a certificate of descent to the heirs at law, as provided by section 45a-450 , without formal distribution or without a mutual distribution as provided for in this section, unless there is filed in the Court of Probate, within one month after the acceptance of the administration account, the ascertainment of the distributees and the order of distribution, a mutual distribution executed by all of such heirs at law or a return of distribution as provided by this section.

Annotations to former section 45-273:

Claims not barred by distribution. K. 429; 6 C. 267; 22 C. 279. Heirs cannot sue for conversion of personal property before distribution. 1 D. 152. Distribution cannot be made by distributors appointed by heirs. 3 D. 264. Heirs are tenants in common until distribution. 5 D. 218. Heirs have no title to or right to possession of personal property until distribution. 4 C. 349. Reversionary interest in dower land may be distributed during life of widow; on appeal, it may be shown that distribution is unjust. 9 C. 230. Statute de distribution does not deprive heirs of power to divide their estate by deed. 14 C. 123. No distributors necessary when estate consists wholly of cash. 16 C. 317. Decree accepting return of distributors conclusive except on appeal. 17 C. 392; 24 C. 246; 38 C. 271. Where will provides rule for distribution it must be followed. 19 C. 317. Law of domicile governs distribution of personal estate. 21 C. 582. Widow's share in personal estate vests in her administrator when she dies before distribution. 26 C. 352. Distribution is not affected by prior conveyances by an heir of his interest in estate. 29 C. 419; 53 C. 37. Distributions to be liberally construed. 31 C. 588. Evidence of distributors as to what they intended by certain language in distribution inadmissible. 42 C. 270. If necessary distributors should make reappraisal. Id., 346. Intent governs in construction of distribution. 43 C. 545. Mutual distribution not executed in accordance with requirements of statute does not preclude an order of distribution. 54 C. 228. Distribution must recognize, but cannot impose, conditions on estate. 64 C. 40. Rights of heirs before distribution. 67 C. 1; 69 C. 616; 75 C. 601; 83 C. 351; 84 C. 212; 84 C. 569; 87 C. 85. Cited. 69 C. 78. History and nature of distribution. Id., 611; 72 C. 153; 75 C. 33. Estate must be before court in orderly way; if administrator is dead a successor must be appointed. 70 C. 377. Acceptance of mutual distribution does not oust court of jurisdiction to adjudicate on administration account. 72 C. 559. Informal distribution of personalty; rights of creditors. 75 C. 33. Parties may make any distribution they can mutually agree upon. Id.; 86 C. 471; 89 C. 427; 104 C. 104. Distribution relates back to death. 75 C. 598; 81 C. 442. Long acquiescence in division may cause it to be upheld. 75 C. 598; 88 C. 686; 91 C. 12, but see 80 C. 363. Distribution not source of title. 78 C. 485; 89 C. 427; 91 C. 12, but see 75 C. 40. Distribution will not be construed to impute irregularities to court and distributors. 80 C. 371. Stock may be distributed in fractional parts. 81 C. 95. Heir not included who goes into possession; he may claim adversely. 90 C. 562. All parties interested must join in a mutual distribution. 104 C. 104. Cited. 111 C. 591; 137 C. 610.

Cited. 13 CA 45.

Cited. 40 CS 484.
Conn. Gen. Stat. § 45a-667r — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667r
Sec. 45a-667r. Registration of conservator of the person order from another state.
Status: in_force

(b) Each court of probate shall maintain a registry, accessible by the public, of conservator of the person orders registered under subsection (a) of this section.
Conn. Gen. Stat. § 45a-245a — Connecticut Code / Title 45a / Chapter 802 / Section 45a-245a
Sec. 45a-245a. Successor fiduciary substituted for corporate fiduciary.
Status: in_force

(b) A successor fiduciary shall be substituted as a fiduciary for its predecessor corporate fiduciary following (1) the adoption of corporate resolutions by the successor fiduciary and the predecessor corporate fiduciary providing for the substitution and the effective date of the substitution and (2) the expiration of the notice period provided in subsection (c) of this section. A successor fiduciary shall have all of the rights, powers, duties and obligations of the predecessor corporate fiduciary and shall be deemed to be named, nominated or appointed as fiduciary in any will, trust, court order or similar written document or instrument that names, nominates or appoints the predecessor corporate fiduciary as fiduciary, whether executed before or after the successor fiduciary is substituted; provided, the successor fiduciary shall have no obligations or liabilities under this subsection for any acts, actions, inactions or events occurring prior to the effective date of the substitution.

(c) When a successor fiduciary is substituted under this section, the predecessor corporate fiduciary shall publish notice once each week for three successive weeks in the form of a legal advertisement in a newspaper having a substantial circulation in the area in which the principal place of business of the predecessor corporate fiduciary is located. The notice shall include (1) the name of the predecessor corporate fiduciary, (2) the name of the successor fiduciary, and (3) the effective date of substitution of the successor fiduciary, which date may not be earlier than thirty days following the initial publication date. A copy of such notice shall be mailed by the predecessor corporate fiduciary to each person to whom the predecessor corporate fiduciary provides periodic reports of fiduciary activity.
Conn. Gen. Stat. § 45a-204 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-204
Sec. 45a-204. (Formerly Sec. 45-89). Investments may be maintained as received.
Status: in_force

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

Annotations to former section 45-89:

Cited. 67 C. 195; 122 C. 386. Reasonable prudence to prevent loss is required. 76 C. 564; 115 C. 26. Statute does not apply where will directs replacement of investments. 79 C. 559. Borrowing to close out testator's margin accounts and protect securities pledged by him, sustained. 117 C. 582. Reorganization involving exchange of stock for shares of new corporation held not such a change as to prevent trustees from holding the new shares. 118 C. 509. Cited. 149 C. 349.

Cited. 22 CS 162.
Conn. Gen. Stat. § 45a-107 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-107
Sec. 45a-107. Fees and expenses for settlement of decedent's estate. Interest on unpaid fees. Exception.
Status: in_force

(b) In the case of a decedent who dies on or after July 1, 2016, fees shall be computed as follows:

(1) The basis for fees shall be (A) the greatest of (i) the gross estate for succession tax purposes, as provided in section 12-349 , (ii) the inventory, including all supplements thereto, (iii) the Connecticut taxable estate, as defined in section 12-391 , or (iv) the gross estate for estate tax purposes, as provided in chapters 217 and 218, except as provided in subdivisions (5) and (6) of this subsection, plus (B) all damages recovered for injuries resulting in death, minus any hospital and medical expenses for treatment of such injuries resulting in death, minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance, and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for fees that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivisions (3) and (4) of this subsection, in no case shall the minimum fee be less than twenty-five dollars.

(2) Except as provided in subdivisions (3) and (4) of this subsection, fees shall be assessed in accordance with the following table:
Conn. Gen. Stat. § 45a-11 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-11
Sec. 45a-11. (Formerly Sec. 45-15). Certification of records and files.
Status: in_force

Annotations to former section 45-15:

Formerly clerk alone could certify. 26 C. 425. Judge certifying copies acts as his own clerk 52 C. 218.
Conn. Gen. Stat. § 45a-334n — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334n
Sec. 45a-334n. Disclosure of other digital assets held.
Status: in_force

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

(2) A certified copy of the trust instrument;

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

(4) If requested by the custodian:

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

(B) Evidence linking the account to the trust.
Conn. Gen. Stat. § 45a-43 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-43
Sec. 45a-43. (Formerly Sec. 45-29j). Husband and wife retirement income option.
Status: in_force

(b) Except as provided in subsection (c) of this section, if any member who has not exercised his option under subsection (a) of this section dies after January 1, 1968, and before having elected retirement or before his retirement income payments begin, but after satisfying the requirements of sections 45a-36 to 45a-39 , inclusive, that would permit him to retire on his own application, and such member is survived by a spouse, a retirement income shall be paid monthly to his spouse, commencing at his death and ending upon the death of the spouse. The amount payable shall be the average of (1) fifty per cent of the retirement allowance payable to the member for his lifetime if no payments were to continue after the member's death, and (2) fifty per cent of the reduced retirement allowance that such member would have received if he had retired on the date of his death with the provision that after his death his spouse would receive one-half of the amount payable to the member.

(c) The surviving spouse of (1) a judge or employee whose separation from service occurred before July 1, 1979, but after December 31, 1966, and (2) whose years of credited service at separation totalled, in the case of a judge, ten or more but less than twelve years, and in the case of an employee, ten or more but less than twenty years, (3) who has not elected or who did not have in effect at his death the option provided for in subsection (a) of this section, and (4) who died after January 1, 1968, and on or before July 1, 1979, and before his retirement income payments began, shall receive a retirement income, retroactive to the date of his death or January 1, 1979, whichever is later. Such payments shall be paid monthly in accordance with the regulations of the State Retirement Commission to such spouse, as if such judge or employee had exercised an option under subsection (a) to provide an amount equal to one-third of the retirement allowance that such judge or employee would have received if he had retired on the date of his death. Such payment shall continue until such spouse remarries or dies.

(d) Each married member shall be presumed to have made the election provided for in subsection (a) of this section for continuation to his surviving spouse of an amount equal to fifty per cent of his reduced retirement allowance provided (1) each such member may elect at any time prior to retirement to waive the retirement income option provided by subsection (a) of this section or may revoke any such election at any time prior to retirement, and (2) the election meets the requirements of subsection (e) of this section.

(e) The election under subsection (d) of this section to waive the retirement income option provided by subsection (a) of this section shall not take effect unless (1) the spouse of the member consents, in writing, to such election, and the spouse's consent acknowledges the effect of such election and is witnessed by a plan representative or a notary public, or (2) it is established to the satisfaction of the Retirement Commission that the consent required under subdivision (1) of this subsection may not be obtained because there is no spouse, because the spouse cannot be located, or because of such other circumstances as the commission may by regulations prescribe. Any consent by a spouse, or establishment that the consent of a spouse may not be obtained under this subdivision, shall be effective only with respect to such spouse.

Annotation to former section 45-29j:

Primary standards relating to duties of Retirement Commission are adequate. 157 C. 150.
Conn. Gen. Stat. § 45a-487p — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487p
Sec. 45a-487p. Avoidance of qualified dispositions.
Status: in_force

(b) Notwithstanding the provisions of section 52-552j , a creditor may not bring an action under subsection (a) of this section if:

(1) The creditor's claim against the transferor arose before the qualified disposition was made, unless the action is brought within four years after the qualified disposition is made or, if later, within one year after the qualified disposition was or could reasonably have been discovered by the creditor; or

(2) The creditor's claim against the transferor arose subsequent to the qualified disposition, unless the action is brought within four years after the qualified disposition is made.

(c) For the purposes of sections 45a-487j to 45a-487s , inclusive, a qualified disposition that is made by means of a disposition by a transferor who is a trustee shall be deemed to have been made as of the time the property that is the subject of the qualified disposition was originally transferred to the transferor, or any predecessor trustee, making the qualified disposition in a form that conforms with the requirements set forth in subdivision (10) of section 45a-487k . If a trustee of an existing trust proposes to make a qualified disposition pursuant to this subsection, but the trust would not conform to the requirements of subdivision (10) of section 45a-487k as a result of the original transferor's nonconforming powers of appointment, upon the trustee's delivery to the qualified trustee of an irrevocable written election to have this subsection apply to the trust, the nonconforming powers of appointment shall be deemed modified to the extent necessary to conform with the requirements of subdivision (10) of section 45a-487k . For purposes of sections 45a-487j to 45a-487s , inclusive, an irrevocable written election includes a description of the original transferor's powers of appointment as modified together with the original transferor's written consent to the election but no such consent of the original transferor shall be considered a disposition within the meaning of subdivision (4) of section 45a-487k .

(d) Notwithstanding any provision of the general statutes, a creditor, including a creditor whose claim arose before or after a qualified disposition, or any other person shall have only such rights with respect to a qualified disposition as are provided in this section and sections 45a-487q and 45a-487r , and no such creditor nor any other person shall have any claim or cause of action against the trustee, or trust director, as described in section 45a-487 l , of a trust that is the subject of a qualified disposition, or against any person involved in the counseling, drafting, preparation, execution or funding of a trust that is the subject of a qualified disposition.

(e) Notwithstanding any other provision of the general statutes, no action of any kind, including, without limitation, an action to enforce a judgment by a court or other body having adjudicative authority, shall be brought at law or in equity against the trustee, or trust director, as described in section 45a-487 l , of a trust that is the subject of the qualified disposition, or against any person involved in the counseling, drafting, preparation, execution or funding of a trust that is the subject of a qualified disposition, if, as of the date the action is brought, an action by a creditor with respect to the qualified disposition would be barred under this section.

(f) If more than one qualified disposition is made by means of the same trust instrument:

(1) The making of a subsequent qualified disposition shall be disregarded in determining whether a creditor's claim with respect to a prior qualified disposition is extinguished as provided in subsection (b) of this section; and

(2) Any distribution to a beneficiary shall be deemed to have been made from the latest such qualified disposition.

(g) If, in any action brought against a trustee of a trust that is funded, in whole or in part, by a qualified disposition, a court takes any action whereby the court declines to apply the law of this state in determining the validity, construction or administration of the trust, or the effect of a spendthrift provision of the trust, the trustee shall immediately, upon the court's action and without the further order of any court, cease in all respects to be a trustee of the trust and (1) a successor trustee shall thereupon succeed as trustee in accordance with the terms of the trust instrument; or (2) if the trust instrument does not provide for a successor trustee and the trust would otherwise be without a trustee, the court having jurisdiction pursuant to sections 45a-499o and 45a-499p , upon the application of any beneficiary of the trust, shall appoint a successor trustee upon such terms and conditions as it determines to be consistent with the purposes of the trust and the provisions of this section. The court shall have no continuing jurisdiction over the trust or trustee merely by reason of appointing the trustee. Upon the trustee's ceasing to be trustee, the trustee shall have no power or authority other than to convey the trust property to the successor trustee named in the trust instrument or appointed by the court having jurisdiction in accordance with the provisions of this section.
Conn. Gen. Stat. § 45a-472 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-472
Sec. 45a-472. Trustee to receive proceeds of pension, retirement, death benefit and profit-sharing plans.
Status: in_force

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

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

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

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

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

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

(g) The provisions of this section shall be applicable to decedents dying on or after October 1, 1987.
Conn. Gen. Stat. § 45a-98 — Connecticut Code / Title 45a / Chapter 801a / Section 45a-98
Sec. 45a-98. (Formerly Sec. 45-4). General powers.
Status: in_force

(b) The jurisdiction of Probate Courts to determine title or rights or to construe instruments or to apply the doctrine of cy pres or approximation pursuant to subsection (a) of this section is concurrent with the jurisdiction of the Superior Court and does not affect the power of the Superior Court as a court of general jurisdiction.

Annotations to former section 45-4:

Decrees upon matters within their jurisdiction conclusive until regularly set aside. 1 D. 172; 3 D. 326; 5 D. 217; 7 C. 23; 17 C. 392; 23 C. 8; 31 C. 422; 35 C. 359; Id., 523; 38 C. 271; 48 C. 173; 50 C. 330; 64 C. 493; 76 C. 416. Appointment of guardian; 75 C. 308; determining distributees; 69 C. 64; 71 C. 122; 89 C. 421; authorizing settlement of disputed claim; 86 C. 470; approving will; 67 C. 90; 76 C. 416; limiting time for settlement of estate; 69 C. 696; removal of executor; 86 C. 281; appointing executor; 92 C. 654; requiring trustee to file an account. Id., 291. Court may, for certain causes, revoke its orders and correct mistakes; 13 C. 226; 35 C. 123; 36 C. 193, see 31 C. 382; but not ordinarily; 81 C. 688; as where will is admitted to probate and estate settled and then later will is offered; 76 C. 416; but its decree may be attacked for fraud, and it binds only parties and privies; 66 C. 140; and necessity of notice. 77 C. 77. Distinction between want of and erroneous exercise of jurisdiction. 67 C. 185. Effect of order making allowances to widow. 69 C. 694. Effect of decree accepting account. 77 C. 70; 79 C. 555; 82 C. 33; 85 C. 279. Effect of parties uniting in request for order. 75 C. 603. Not usual to make order unless parties request it. 15 C. 122. Courts have special and limited jurisdiction. 26 C. 273; 31 C. 383; 34 C. 446; 92 C. 26; Id., 657; 93 C. 405; 120 C. 409. A will cannot confer jurisdiction. 69 C. 708. It cannot give jurisdiction over estate of nonresident; at least a prima facie showing of property here is necessary. 76 C. 118; 83 C. 240. Mutual distribution does not end power of court. 72 C. 555. Entire settlement of estates appertains to Courts of Probate. 7 C. 307; Id., 315; 8 C. 281; 24 C. 246; 31 C. 279; 33 C. 512; 36 C. 294; 43 C. 75; 49 C. 580. Has chancery powers on matters within its jurisdiction. 8 C. 281; 9 C. 182; 10 C. 121; 27 C. 250; 37 C. 197; 41 C. 559. Court cannot determine equities between distributees and strangers arising after distribution. 69 C. 701; 82 C. 308. It cannot pass on contract between persons entitled to estate. 44 C. 327. Cannot allow claims against estate of insolvent. 10 C. 238. Cannot try question of title. 35 C. 114; 53 C. 37; 84 C. 560, but see 71 C. 129. Incidental power to construe will. 70 C. 364; 71 C. 122. If there is doubt as to validity of trust, court should appoint trustee. 74 C. 601; 77 C. 705. Power to pass on fulfillment of condition of bequest. 67 C. 385. Power to pass on antenuptial agreement claimed to bar dower. 66 C. 133. Effect of decrees determining rights not ordinarily within jurisdiction. 71 C. 129. Cannot decree forfeiture under conditions of will. 35 C. 210. Can make order terminating trust and directing payment of money. 82 C. 558, but see 93 C. 406. Jurisdiction not presumed; must appear of record. 86 C. 351. Power of legislature to set aside decree and order new hearing. 3 Dal. 386. Location of estate is not material upon issue of jurisdiction of court to grant administration of estates of persons who died domiciled in district. 115 C. 301. In ascertaining distributees, Probate Court has jurisdiction to answer the question of whether the doctrine of approximation is applicable. 139 C. 435. Cited. 143 C. 662. Probate Court has only such jurisdiction as is expressly or by necessary implication conferred by statute. 148 C. 642; 153 C. 603, 614. Cited. 150 C. 565; 152 C. 528. Superior Court, on an appeal from probate, sits as, and has no greater power than, a Court of Probate. 153 C. 603, 614. Cited. 155 C. 417; 158 C. 294; 204 C. 303.

Cited. 6 CA 530.

Where doings of commissioners, appointed to decide claims, were vacated by the taking of an appeal, a decree reopening the commission, when the appeal was discontinued, was a valid exercise of the inherent power of the Probate Court. 18 CS 202. Court is one of limited jurisdiction and may only exercise such powers, including equitable power, as is derived from statutes. 22 CS 80. Probate Court is the only tribunal competent to decide question of due execution of a will. 23 CS 101. Order to ancillary trustee in Connecticut to transfer trust assets here to trustee outside state is within jurisdiction of Probate Court. 28 CS 499, 501. Cited. 39 CS 157, 158.

Annotations to present section:

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 section. 331 C. 385.

Cited. 44 CS 592.

Subsec. (a):

Subdiv. (3): Legislature intended P.A. 93-279 to vest Probate Court with concurrent jurisdiction with Superior Court to try title to real and personal property in which a claim is made that such property is an asset of a trust, a decedent's estate or any estate under the control of a conservator or guardian; Probate Court did not have jurisdiction over plaintiff's action for specific performance of contract for sale of property because claim involved no dispute as to whether title to that property was in fact an asset of decedent's estate as required for jurisdiction under Subdiv. 292 C. 696. Subdiv. (3): Probate Court does not have jurisdiction to adjudicate common-law tort claims or to award compensatory damages against individual defendants as a remedy for tortious conduct. 345 C. 794.

Subsec. (b):

Section is a declaration that Probate Court and Superior Court are to have concurrent jurisdiction over matters involving title and rights to property. 50 CA 132.
Conn. Gen. Stat. § 45a-654 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-654
Sec. 45a-654. (Formerly Sec. 45-72). Appointment of temporary conservator. Duties.
Status: in_force

(b) Unless the court waives the medical evidence requirement pursuant to subsection (e) of this section, an appointment of a temporary conservator shall not be made unless a report is filed with the petition for appointment of a temporary conservator, signed by a physician licensed to practice medicine or surgery in this state, stating: (1) That the physician has examined the respondent and the date of such examination, which shall not be more than three days prior to the date of presentation to the judge; (2) that it is the opinion of the physician that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself; and (3) the reasons for such opinion. Any physician's report filed with the court pursuant to this subsection shall be confidential. The court shall provide for the disclosure of the medical information required pursuant to this subsection to the respondent on the respondent's request, to the respondent's attorney and to any other party considered appropriate by the court.

(c) Upon receipt of a petition for the appointment of a temporary conservator, the court shall issue notice to the respondent, appoint counsel for the respondent and conduct a hearing on the petition in the manner set forth in sections 45a-649 , 45a-649a and 45a-650 , except that (1) notice to the respondent shall be given not less than five days before the hearing, which shall be conducted not later than seven days after the petition is filed, excluding Saturdays, Sundays and holidays, or (2) where a petition has been made ex parte for the appointment of a temporary conservator, notice shall be given to the respondent not more than forty-eight hours after the ex parte appointment of a temporary conservator, with the hearing on such ex parte appointment to be conducted not later than three days after the ex parte appointment, excluding Saturdays, Sundays and holidays. Service on the respondent of the notice of the petition for the appointment of a temporary conservator shall be in hand and shall be made by a state marshal, constable or an indifferent person. Notice shall include (A) a copy of the petition for appointment of a temporary conservator and any physician's report filed with the petition pursuant to subsection (b) of this section, (B) a copy of an ex parte order, if any, appointing a temporary conservator, and (C) the date, time and place of the hearing on the petition for the appointment of a temporary conservator. The court may not appoint a temporary conservator until the court has made the findings required in this section and held a hearing on the petition, except as provided in subsection (d) of this section. If notice is provided to the next of kin with respect to a petition filed under this section, the physician's report shall not be disclosed to the next of kin except by order of the court.

(d) (1) If the court determines that the delay resulting from giving notice and appointing an attorney to represent the respondent as required in subsection (c) of this section would cause immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent, the court may, ex parte and without prior notice to the respondent, appoint a temporary conservator upon receiving evidence and making the findings required in subsection (a) of this section, provided the court makes a specific finding in any decree issued on the petition stating the immediate or irreparable harm that formed the basis for the court's determination and why such hearing and appointment was not required before making an ex parte appointment. If an ex parte order of appointment of a temporary conservator is made, a hearing on the petition for appointment of a temporary conservator shall be commenced not later than three days after the ex parte order was issued, excluding Saturdays, Sundays and holidays. An ex parte order shall expire not later than three days after the order was issued unless a hearing on the order that commenced prior to the expiration of the three-day period has been continued for good cause.

(2) After a hearing held under this subsection, the court may appoint a temporary conservator or may confirm or revoke the ex parte appointment of the temporary conservator or may modify the duties and authority assigned under such appointment.

(e) The court may waive the medical evidence requirement under subsection (b) of this section if the court finds that the evidence is impossible to obtain because of the refusal of the respondent to be examined by a physician. In any such case the court may, in lieu of medical evidence, accept other competent evidence. In any case in which the court waives the medical evidence requirement as provided in this subsection, the court may not appoint a temporary conservator unless the court finds, by clear and convincing evidence, that (1) the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself, and (2) immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent will result if a temporary conservator is not appointed pursuant to this section. In any case in which the court waives the requirement of medical evidence as provided in this subsection, the court shall make a specific finding in any decree issued on the petition stating why medical evidence was not required.

(f) Upon the termination of the temporary conservatorship, the temporary conservator shall file, if applicable, a final accounting as directed by the court, of his or her actions as temporary conservator.

See Sec. 45a-132a re respondent's ability to refuse to undergo examination ordered by the court under said section.
Conn. Gen. Stat. § 45a-499ee — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ee
Sec. 45a-499ee. Modification or termination of noncharitable irrevocable trust by consent.
Status: in_force

(b) A noncharitable irrevocable trust may be (1) terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; and (2) modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

(c) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.

(d) Upon termination of a trust under subsection (a) or (b) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries and approved by the court.

(e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b) of this section, the modification or termination may be approved by the court if the court is satisfied that:

(1) If all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

(2) The interests of a beneficiary who does not consent will be adequately protected.

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

(1) A power of withdrawal held by the beneficiary if the value of the property subject to the power does not exceed the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations thereunder, or Section 2503(b) of said Internal Revenue Code and the regulations thereunder, in each case as in effect on January 1, 2020;

(2) A power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of the beneficiary, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such beneficiary's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations thereunder, as in effect on January 1, 2020;

(3) A power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of a person who the beneficiary has an obligation to support, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such person's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations thereunder, as in effect on January 1, 2020; or

(4) A power of withdrawal that has lapsed or been waived or released over all or any part of the trust property.

(b) A beneficiary holding a power set forth in subsection (a) of this section shall not, during the period the power may be exercised or upon the lapse, release or waiver of the power, be treated as a settlor of the trust.

(c) This section and section 45a-499mm do not apply to statutory trusts created pursuant to chapter 615 to the extent inconsistent with the terms of said chapter.
Conn. Gen. Stat. § 45a-481 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-481
Sec. 45a-481. (Formerly Sec. 45-93). Distribution by testamentary trustee upon completion of trust.
Status: in_force

Annotation to former section 45-93:

Power and duty of Probate Court to determine all issues involved in ascertainment of money or property that trustee is bound to pay or deliver to the person entitled. 121 C. 391.
Conn. Gen. Stat. § 45a-667a — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667a
Sec. 45a-667a. Definitions.
Status: in_force

(1) “Adult” means an individual who is at least eighteen years of age.

(2) “Conservator of the estate” means (A) a conservator of the estate, as defined in section 45a-644 , or (B) a person, except a hospital or nursing home facility, appointed by a court outside of this state to manage the property of an adult.

(3) “Conservator of the person” means (A) a conservator of the person, as defined in section 45a-644 , or (B) a person, except a hospital or nursing home facility, appointed by a court outside of this state to make decisions regarding the person of an adult.

(4) “Conservator of the person order” means (A) an order appointing a conservator of the person pursuant to part IV of this chapter, or (B) an order by a court outside of this state appointing a conservator of the person.

(5) “Conservator of the person proceeding” means (A) a judicial proceeding held pursuant to part IV of this chapter in which an order for the appointment of a conservator of the person is sought or has been issued, or (B) a judicial proceeding held outside of this state in which an order for the appointment of a conservator of the person is sought or has been issued.

(6) “Involuntary representation” means involuntary representation, as defined in section 45a-644 .

(7) “Party” means the respondent, petitioner, conservator of the person or conservator of the estate or any other person allowed by a court to participate in a conservator of the person proceeding or a conservator of the estate proceeding.

(8) “Person”, except as used in the term “conserved person”, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(9) “Conserved person” means a conserved person, as defined in section 45a-644 , or an adult for whom a conservator of the person or conservator of the estate has been appointed in a judicial proceeding outside of this state.

(10) “Conservator of the estate order” means (A) an order appointing a conservator of the estate pursuant to part IV of this chapter, (B) an order by a court outside of this state appointing a conservator of the estate, or (C) any other order by a court related to the management of the property of an adult.

(11) “Conservator of the estate proceeding” means (A) a judicial proceeding held pursuant to part IV of this chapter, or (B) a judicial proceeding held outside of this state in which a conservator of the estate order is sought or has been issued.

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

(13) “Respondent” means a respondent, as defined in section 45a-644 , or an adult for whom the appointment of a conservator of the person or a conservator of the estate order is sought outside of this state.

(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.
Conn. Gen. Stat. § 45a-292 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-292
Sec. 45a-292. (Formerly Sec. 45-190). Executor of an executor.
Status: in_force

Annotation to former section 45-190:

Cited. 70 C. 375.
Conn. Gen. Stat. § 45a-580 — Connecticut Code / Title 45a / Chapter 802g / Section 45a-580
Sec. 45a-580. (Formerly Sec. 45-303). Right to disclaim barred, when. Binding effect of disclaimer or waiver.
Status: in_force

(b) The right to disclaim shall exist notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.

(c) A disclaimer or a written waiver of the right to disclaim, shall be binding upon the disclaimant or person waiving and all parties claiming by, through or under such disclaimant or person.

Annotations to former section 45-303:

Cited. 179 C. 463. Is not exclusive list of bars to disclaimers. 211 C. 323.
Conn. Gen. Stat. § 45a-251 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-251
Sec. 45a-251. (Formerly Sec. 45-161). Making and execution of wills. Wills executed outside the state.
Status: in_force

Annotations to former section 45-161:

Probate judge is competent witness. 1 R. 462; 2 R. 232. Executor is competent witness. 1 R. 494; 8 C. 262. Parol evidence of mistake in drafting will not admissible. 6 C. 270; 8 C. 266. Degree of uncertainty required to render will void. 8 C. 51; 35 C. 111. Inhabitants of a school district legatee are competent witnesses. 1 D. 35. Order in which testator and witnesses subscribe their names immaterial. 25 C. 231. Joint will undertaking to operate only as will of one who dies first, valid. 26 C. 455. Joint wills. Id.; 67 C. 317. Prior to statute of 1856, a will executed in another state according to laws of that state, but not of this, by person here domiciled who afterwards becomes domiciled and dies here held invalid. 33 C. 135. Formerly will might be void as to devises of real estate and good as to legacies of personal property. 34 C. 484. Incorporation of extrinsic papers. 40 C. 272; 77 C. 240; Id., 612; 79 C. 511. Unnecessary that witnesses should subscribe in each other's presence. 43 C. 85. Unnecessary that witness should know it is a will. 47 C. 460. Declarations of testator at time will is made not admissible to alter it. 49 C. 565. Cited. 50 C. 339. Contra, between years 1875 and 1885. 57 C. 182. Execution governed by statute in force when will is made. Id., 187. Cited. 68 C. 245. History of law; section to be strictly followed. 74 C. 302; 79 C. 511. Proof of will where one witness cannot be found. 74 C. 257. Oral or nuncupative will invalid. Id., 304. Execution of will not intelligible to untrained mind on assurance of attorney that it accomplishes purpose. 78 C. 410. Will executed in New York, with only two witnesses, upheld. 80 C. 443. Holographic will executed in France upheld. 86 C. 630. Use of English language by one not understanding it. 88 C. 136. Proof where will more than 30 years old and witnesses cannot be found. 91 C. 265. Requirements in proof of will. 92 C. 251; 93 C. 55. Testator need not sign in witnesses' presence if he acknowledges his signature in their presence. Id. Trust agreement providing for distribution of life insurance proceeds when received after insured's death held not testamentary. 119 C. 570. Transfers not in compliance with section and intended solely to create interests to arise at death are void; transferor's intent may be shown by parol. 127 C. 167. Transfers of deposits creating present interests held not testamentary. Id., 169. Cited. 128 C. 380. Provision of partnership agreement that share of deceased partner should pass to widow held not testamentary; statements of testator are admissible for purpose of identifying property referred to if they explain latent ambiguity in will and are not dispositive. 131 C. 277. Transfer of property not valid where there is intent solely to create interests arising at death. 136 C. 611. Cited. 139 C. 494. Two witnesses failed to meet requirement of statute. Id., 549. Section is prohibitive and exhaustive with relation to one's power to dispose of property after death by will. 143 C. 498. Cited. 147 C. 566. Purported transfer of property, with intent presently to transfer no interest but to defer transfer until death, can be validly accomplished only by instrument complying with Statute of Wills, but if transferor's intent is presently to transfer interests, even though possession and enjoyment are deferred until transferor's death, instrument will ordinarily be valid as against attack as attempted testamentary disposition of property by deed. 149 C. 138. History discussed. 152 C. 204. “Borrowing provision” applies equally to foreign wills and foreign codicils. Id., 205. Letter not meeting statutory requirements held ineffective. Id., 243. Even if contestant affirmatively pleads lack of due execution, burden of proving due execution of will is on proponent; error for court to charge that all witnesses to will must testify to having seen testatrix' signature on will; that will had been signed before their attestation can be proved by other evidence. 156 C. 575. Cited. 172 C. 529; 174 C. 193. Admissibility of extrinsic evidence to prove a mistake by scrivener discussed. 188 C. 1.

Validity of oral directions for distribution of trust fund after death of donor depends on whether or not donor parted with title or intended it to vest after her death. 3 CS 152. Revoking instrument need not be executed with the formalities of section. 18 CS 34. In interpreting a will, the court endeavors to find the intent of the testator as disclosed by the language of his will. 21 CS 23. Probate Court is only tribunal competent to decide question of due execution of a will. 23 CS 101. Attorney drafting will owes duty to legatees to exercise reasonable care; lack of privity held not a bar to suit by legatees against attorney for negligent drafting of will. 26 CS 378.

Annotations to present section:

Cited. 218 C. 220; 237 C. 12.

Cited. 31 CA 247.

Cited. 42 CS 474.
Conn. Gen. Stat. § 45a-516 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-516
Sec. 45a-516. (Formerly Sec. 45-81). Gifts to charitable community trust.
Status: in_force

Annotation to former section 45-81:

Cited. 126 C. 670.
Conn. Gen. Stat. § 45a-699 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-699
Sec. 45a-699. (Formerly Sec. 45-78y). Hearing. Evidence. Grounds for sterilization.
Status: in_force

(b) The court shall give its consent to sterilization only if it finds by clear and convincing evidence that such operation or procedure is in the best interests of the individual and shall furnish findings to support its conclusion.
Conn. Gen. Stat. § 45a-127 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-127
Sec. 45a-127. (Formerly Sec. 45-33). Special notice to be given on written request.
Status: in_force

(b) Any request for a special notice in the matter of probating a will or granting administration, before any application is made therefor, shall be obligatory upon the court for a period of thirty days from the date of filing the same.

See Sec. 51-53 re giving of notice of decrees by clerk of the court.

Annotations to former section 45-33:

Cited. 105 C. 603. Notice given by telegram unavailing to render court's decree invalid. 139 C. 720. Cited. 186 C. 360.
Conn. Gen. Stat. § 45a-76 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-76
Sec. 45a-76. (Formerly Sec. 45-4e). Biennial report by Probate Court Administrator.
Status: in_force

Annotation to former section 45-4e:

Cited. 157 C. 159.
Conn. Gen. Stat. § 45a-669 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-669
Sec. 45a-669. (Formerly Sec. 45-321). Definitions.
Status: in_force

(1) “Plenary guardian” means a person, legally authorized state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital, nursing home facility, as defined in section 19a-521 , or residential care home, as defined in section 19a-521 , appointed by a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683 , inclusive, to supervise all aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677 , for the benefit of such adult, who by reason of the severity of intellectual disability, has been determined to be totally unable to meet essential requirements for his or her physical health or safety and totally unable to make informed decisions about matters related to his or her care.

(2) “Legally competent” means having the legal power to direct one's personal and financial affairs. All persons in this state eighteen years of age and over are legally competent unless determined otherwise by a court in accordance with the provisions of sections 45a-669 to 45a-683 , inclusive, or unless otherwise provided by law.

(3) “Limited guardian” means a person, legally authorized state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital or nursing home, as defined in section 19a-521 , appointed by a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683 , inclusive, to supervise certain specified aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677 , for the benefit of such adult, who by reason of the severity of intellectual disability, has been determined to be able to do some, but not all, of the tasks necessary to meet essential requirements for his or her physical health or safety or to make some, but not all, informed decisions about matters related to his or her care.

(4) “Intellectual disability” has the same meaning as provided in section 1-1g .

(5) “Respondent” means an adult person for whom a petition for guardianship or limited guardianship of the person has been filed.

(6) “Unable to meet essential requirements for his or her physical health or safety” means the inability through one's own efforts and through acceptance of assistance from family, friends and other available private and public sources, to meet one's needs for medical care, nutrition, clothing, shelter, hygiene or safety so that, in the absence of a guardian, serious physical injury, illness or disease is likely to occur.

(7) “Unable to make informed decisions about matters related to his or her care” means the inability of a person with intellectual disability to achieve a rudimentary understanding, after conscientious efforts at explanation, of information necessary to make decisions about his or her need for physical or mental health care, food, clothing, shelter, hygiene, protection from physical abuse or harm, or other care.

(8) “Unable to manage his or her finances” means the inability of a person with intellectual disability to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to perform the functions inherent in managing his or her finances.

(9) “Protected person” means a person for whom a guardianship is granted under sections 45a-669 to 45a-683 , inclusive.

Cited. 230 C. 828.
Conn. Gen. Stat. § 45a-82 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-82
Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund, General Fund and probate courts. Notice re sound actuarial basis of retirement fund. Annual accounting.
Status: in_force

(b) The State Treasurer shall be the custodian of the fund established by this section, with power to administer it, and to invest and reinvest as much of the fund as is not required for current disbursements in accordance with the provisions of the general statutes regarding the investment of savings banks.

(c) All payments from the fund established by this section that are authorized by sections 5-259 , 17a-77 , 17a-274 , 17a-498 , 17a-510 , 19a-131b , 19a-131e , 19a-221 , 45a-1 to 45a-12 , inclusive, 45a-18 to 45a-26 , inclusive, 45a-34 to 45a-56 , inclusive, 45a-62 to 45a-68 , inclusive, 45a-74 to 45a-83 , inclusive, 45a-85 , 45a-90 to 45a-93 , inclusive, 45a-98 , 45a-99 , 45a-105 , 45a-119 to 45a-123a , inclusive, 45a-128 , 45a-130 , 45a-131 , 45a-133 , 45a-152 , 45a-175 to 45a-180 , inclusive, 45a-199 and 45a-202 , shall be made upon vouchers approved by the Probate Court Administrator.

(d) Monthly there shall be transferred from the fund established by this section to the retirement fund established by section 45a-35 not less than sufficient moneys, taking into account receipts by said retirement fund under the provisions of sections 45a-44 and 45a-45 , to enable said retirement fund to meet its obligations as estimated by the Retirement Commission, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis.

(e) On or before July first annually, the Retirement Commission shall certify to the State Treasurer, on the basis of an actuarial determination, the amount to be transferred to the retirement fund to maintain the actuarial funding program adopted by the Retirement Commission.

(f) In addition to the payments authorized in subsections (a) to (e), inclusive, of this section, there shall be transferred from time to time from the fund established by this section to the retirement fund established by section 45a-35 such amounts as are determined by the Probate Court Administrator not to be required for other purposes of sections 45a-20 and 45a-76 to 45a-83 , inclusive, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis. Thereafter there shall be transferred from time to time from the fund established by this section to the General Fund such amounts as are determined by the Probate Court Administrator not to be required for the purposes of said sections.

(g) If at any time thereafter the Retirement Commission certifies that the retirement fund established by section 45a-35 is no longer on a sound actuarial basis, the Retirement Commission shall provide notice to the General Assembly and the Governor, and transfers from the fund established by this section to the retirement fund shall be resumed until the Retirement Commission again certifies that said retirement fund is on a sound actuarial basis, at which time the Retirement Commission shall provide notice to the General Assembly and the Governor, and transfers from the fund established by this section to the General Fund shall be resumed.

(h) All payments of assessments imposed by section 45a-92 with respect to income received by any judge of probate on or after January 1, 1968, shall be paid in accordance with the schedule set forth in section 45a-92 .

(i) The State Treasurer shall, on or before October first, annually, give an accounting of the Probate Court Administration Fund, showing the receipts and disbursements and the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut Probate Assembly, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

(j) There shall be transferred from time to time from the Probate Court Administration Fund such budgeted amounts as are established in accordance with section 45a-85 or such expenditures as are authorized pursuant to subsection (c) of section 45a-84 for the proper administration of each court of probate. Notwithstanding any provision of the general statutes, on June 30, 2013, and annually thereafter, any balance in the Probate Court Administration Fund in excess of an amount equal to fifteen per cent of the total expenditures authorized pursuant to subsection (a) of section 45a-84 for the immediately succeeding fiscal year shall be transferred to the General Fund.
Conn. Gen. Stat. § 45a-593 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-593
Sec. 45a-593. (Formerly Sec. 45-58). United States Secretary of Veterans Affairs or successor to be a party in interest. Notice.
Status: in_force

(b) The United States Secretary of Veterans Affairs or the Secretary's successor, shall be an interested party in the administration of the estate of any ward or conserved person on whose account the benefits are payable or whose estate includes assets derived from benefits paid by the United States Department of Veterans Affairs, its predecessor or successor.

(c) Written notice shall be given by regular mail, unless waived in writing, to the division of the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located, of the time and place for a hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the department. Notice shall be mailed in time to reach such office not less than ten days before the date of the hearing or other proceeding.
Conn. Gen. Stat. § 45a-145 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-145
Sec. 45a-145. (Formerly Sec. 45-41). Enforcement of judgment on bond.
Status: in_force

(b) If any person bringing such an action on his own behalf and that of all others interested in the estate dies or is guilty of a breach of duty, the court of probate in which the estate is in settlement may appoint some other person in his stead. Such other person shall, upon giving a bond as provided in section 45a-144 , acceptable to the court, be vested with the same rights and subject to the same duties as the person in whose stead he is acting with reference to the action, the enforcement of any judgment recovered or lien thereon and the discharge of any such lien.
Conn. Gen. Stat. § 45a-499ooo — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ooo
Sec. 45a-499ooo. Distribution of trust property upon termination.
Status: in_force

(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.

(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent: (1) It was induced by improper conduct of the trustee; or (2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.

(d) The provisions of this section do not apply to testamentary trusts.
Conn. Gen. Stat. § 45a-359 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-359
Sec. 45a-359. (Formerly Sec. 45-230h). Unmatured, contingent or unliquidated claims.
Status: in_force

(b) Any such reserve shall be retained by the fiduciary for such period or periods as the Court of Probate shall direct for the purpose of being applied to the payment of such claim when matured, fixed and liquidated; except that the Court of Probate shall retain jurisdiction over the reserve and may from time to time issue orders regarding the continuation and management of the reserve, including the power to direct the disposition of income and principal. The fiduciary, in managing the reserve, shall be entitled to reasonable compensation and reimbursement for all expenses, including reasonable attorney's fees, which shall be paid out of the reserve. Such portion of the reserve as is not needed to pay the claim when matured, fixed and liquidated shall be distributed according to law by the fiduciary as directed by the Court of Probate.
Conn. Gen. Stat. § 45a-363 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-363
Sec. 45a-363. (Formerly Sec. 45-230l). Suit against estate on rejected claim; time within which to commence suit or file application.
Status: in_force

(b) Unless a person whose claim has been rejected (1) commences suit within one hundred twenty days from the date of the rejection of his claim, in whole or in part, or (2) files a timely application pursuant to section 45a-364 , he shall be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate, except for such part as has not been rejected. If such person dies within thirty days from the date of the rejection of his claim and before suit is commenced or an application is filed, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit or to file the application provided for in section 45a-364 . If such person dies more than thirty days but within one hundred twenty days from and including the date of the rejection of his claim and before suit is commenced, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit.

Judicially created ripeness doctrine must yield to legislature's decision to grant jurisdiction over the type of claims identified in section. 305 C. 523.

Cited. 42 CA 59. Section does not apply to an action where no estate is party to the suit. 61 CA 608. Section is purely procedural and purpose is to encourage timely settlement of decedents' estates; an estate's rejection of a party's claim does not create a cause of action on which a plaintiff may proceed in Superior Court, and Subsec. (b) simply limits period of time in which plaintiff may pursue cause of action over which court otherwise has jurisdiction. 122 CA 438; judgment reversed, see 305 C. 523.

Cited. 44 CS 477.
Conn. Gen. Stat. § 45a-427 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-427
Sec. 45a-427. (Formerly Sec. 45-271c). Sale of real property to pay legacies.
Status: in_force

Annotations to former section 45-181:

Until statute, equity alone had the power to order real estate sold to pay legacy charged thereon. 27 C. 535. Cited. 121 C. 112.
Conn. Gen. Stat. § 45a-724 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-724
Sec. 45a-724. (Formerly Sec. 45-61i). Who may give child in adoption.
Status: in_force

(1) A statutory parent appointed under the provisions of section 17a-112 , section 45a-717 or section 45a-718 may, by written agreement, subject to the approval of the Court of Probate as provided in section 45a-727 , give in adoption to any adult person any minor child of whom he or she is the statutory parent; provided, if the child has attained the age of twelve, the child shall consent to the agreement.

(2) Subject to the approval of the Court of Probate as provided in section 45a-727 , any parent of a minor child may agree in writing with his or her spouse that the spouse shall adopt or join in the adoption of the child; if that parent is (A) the surviving parent if the other parent has died; (B) the mother of a child born out of wedlock, provided that if there is a putative father who has been notified under the provisions of section 45a-716 , the rights of the putative father have been terminated; (C) a former single person who adopted a child and thereafter married; or (D) the sole guardian of the person of the child, if the parental rights, if any, of any person other than the parties to such agreement have been terminated.

(3) Subject to the approval of the Court of Probate as provided in section 45a-727 , any parent of a minor child may agree in writing with one other person who shares parental responsibility for the child with such parent that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other person other than the parties to such agreement have been terminated.

(4) Subject to the approval of the Court of Probate as provided in section 45a-727 , the guardian or guardians of the person of any minor child who is free for adoption in accordance with section 45a-725 may agree in writing with a relative that the relative shall adopt the child. For the purposes of this subsection “relative” shall include, but not be limited to, a person who has been adjudged by a court of competent jurisdiction to be the father of a child born out of wedlock, or who has acknowledged his paternity under the provisions of section 46b-571 , with further relationship to the child determined through the father.

(b) If all parties consent to the adoption under subdivision (2), (3) or (4) of subsection (a) of this section, then the application to be filed under section 45a-727 shall be combined with the consent termination of parental rights to be filed under section 45a-717 . An application made under subdivision (2), (3) or (4) of subsection (a) of this section shall not be granted in the case of any child who has attained the age of twelve without the child's consent.

Annotations to former section 45-61i:

Cited. 198 C. 138.

Cited. 41 CS 23.

Annotations to present section:

Only adoption agreements authorized by Subsec. (a) are statutory parent agreements, stepparent agreements and blood relative agreements. 247 C. 474.

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-487r — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487r
Sec. 45a-487r. Effect of avoidance of qualified dispositions.
Status: in_force

(b) If any qualified disposition is avoided pursuant to subsection (a) of this section, the following rules apply:

(1) If the court is satisfied that the trustee has not acted in bad faith in accepting or administering the property that is the subject of the qualified disposition:

(A) The trustee has a first and paramount lien against the property that is the subject of the qualified disposition in an amount equal to the entire cost, including attorney's fees, properly incurred by the trustee in the defense of the action or proceedings to avoid the qualified disposition;

(B) The qualified disposition shall be avoided subject to the proper fees, costs, preexisting rights, claims and interest of the trustee and of any predecessor trustee that has not acted in bad faith; and

(C) For purposes of this subdivision, it shall be presumed that the trustee did not act in bad faith merely by accepting the property.

(2) If the court is satisfied that a beneficiary of a trust has not acted in bad faith, the avoidance of the qualified disposition shall be subject to the right of the beneficiary to retain any distribution made upon the exercise of a trust power or discretion vested in the trustee of the trust, which power or discretion was properly exercised prior to the creditor's commencement of an action to avoid the qualified disposition. For purposes of this subdivision, it shall be presumed that the beneficiary, including a beneficiary who is also a transferor of the trust, did not act in bad faith merely by creating the trust or by accepting a distribution made in accordance with the terms of the trust.

(c) A creditor has the burden of proving by clear and convincing evidence that a trustee or beneficiary acted in bad faith as set forth in subsection (b) of this section, except, in the case of a beneficiary who is also the transferor, the burden on the creditor is to prove by a preponderance of the evidence that the transferor-beneficiary acted in bad faith. The provisions of this subsection shall be construed to provide substantive nonprocedural rights under state law.

(d) For purposes of sections 45a-487j to 45a-487r , inclusive, attachment, garnishment, sequestration or other legal or equitable processes shall be permitted only in circumstances permitted by the express terms of said sections.

(e) For purposes of this section, “court” means the Superior Court.
Conn. Gen. Stat. § 45a-499uuu — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499uuu
Sec. 45a-499uuu. Exculpation of trustee.
Status: in_force

(b) Except for terms intended to provide protection for carrying out a stated trust purpose, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
Conn. Gen. Stat. § 45a-499h — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499h
Sec. 45a-499h. Principal place of administration.
Status: in_force

(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the interests of the beneficiaries.

(c) Without precluding the right of the court to order, approve or disapprove a transfer, and except as set forth in subsection (e) of this section, in furtherance of the duty prescribed in subsection (b) of this section, a trustee may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.

(d) A change in the principal place of administration of a trust from this state to another jurisdiction does not, by itself, deprive the courts of this state of jurisdiction over the trust.

(e) The trustee may not transfer the principal place of administration of a charitable trust to a jurisdiction outside of the United States. The trustee of a testamentary trust may not transfer the principal place of administration without approval of the Probate Court having jurisdiction over the testamentary trust.

(f) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty days prior to the date of initiating the transfer. The notice of proposed transfer shall include:

(1) The name of the jurisdiction to which the principal place of administration is to be transferred;

(2) The address and telephone number at the new location at which the trustee can be contacted;

(3) An explanation of the reason for the proposed transfer; and

(4) The date on which the proposed transfer is anticipated to occur.

(g) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 45a-499uu .
Conn. Gen. Stat. § 45a-558i — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558i
Sec. 45a-558i. Care and control of custodial property.
Status: in_force

(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person of discretion and intelligence who is seeking a reasonable income and the preservation of such person's capital. The custodian shall not be limited by any other statute restricting investments by fiduciaries. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian, is the owner of the policy.

(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”.

(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by any parent or legal representative of the minor or by the minor if the minor has attained the age of twelve years.
Conn. Gen. Stat. § 45a-619 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-619
Sec. 45a-619. (Formerly Sec. 45-45d). Investigation by Commissioner of Children and Families.
Status: in_force

Annotation to former section 45-45d:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-132 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-132
Sec. 45a-132. (Formerly Sec. 45-54). Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons.
Status: in_force

(2) No judge or magistrate may appoint a guardian ad litem for (A) a patient in a proceeding under section 17a-543 or 17a-543a , prior to a determination by a Probate Court that the patient is incapable of giving informed consent under either of said sections, or (B) a respondent in a proceeding under sections 45a-644 to 45a-663 , inclusive, prior to a determination by a Probate Court that the respondent is incapable of caring for himself or herself or incapable of managing his or her affairs. No judge or magistrate may appoint a guardian ad litem for a petitioner under section 45a-705a .

(3) No judge or magistrate may appoint a guardian ad litem for a conserved person in a proceeding under section 17a-543 or 17a-543a or sections 45a-644 to 45a-663 , inclusive, unless (A) the judge or magistrate makes a specific finding of a need to appoint a guardian ad litem for a specific purpose or to answer specific questions to assist the judge or magistrate in making a determination, or (B) the conserved person's attorney is unable to ascertain the preferences of the person, including preferences previously expressed by the person. Prior to appointing a guardian ad litem for a person under subparagraph (B) of this subdivision, the judge or magistrate may question the person to determine the person's preferences or inability to express such preferences. If the judge or magistrate appoints a guardian ad litem under this subdivision, the judge's or magistrate's order shall (i) limit the appointment in scope and duration, and (ii) direct the guardian ad litem to take only the specific action required or to answer specific questions posed by the judge or magistrate, including questions designed to ascertain whether the attorney's or conservator's proposed course of action is the least restrictive means of intervention available to assist the person in managing his or her affairs or caring for himself or herself. Any appointment of a guardian ad litem under this subdivision shall terminate upon the guardian ad litem's report to the judge or magistrate in accordance with the order appointing the guardian ad litem, or earlier upon the order of the judge or magistrate.

(4) For the purposes of this subsection, “conserved person”, “incapable of caring for himself or herself”, “incapable of managing his or her affairs”, “least restrictive means of intervention” and “respondent” have the meanings set forth in section 45a-644 and “conservator” means a conservator of the person or conservator of the estate, as those terms are defined in section 45a-644 .

(b) The appointment of a guardian ad litem shall not be mandatory, but shall be within the discretion of the judge or magistrate.

(c) Any order or decree passed or action taken in any such proceeding shall affect all the minors, incompetent persons or persons thereafter born or determined for whom the guardian ad litem has been appointed, in the same manner as if they had been of the age of majority and competent and present in court after legal notice at the time of the action or the issuance of the order or decree.

(d) Any appointment of a guardian ad litem may be made with or without notice and, if it appears to the judge or magistrate that it is for the best interests of a minor having a parent or guardian to have as guardian ad litem some person other than the parent or guardian, the judge or magistrate may appoint a disinterested person to be the guardian ad litem.

(e) Except as provided in subdivisions (2) and (3) of subsection (a) of this section, when the appointment of a guardian ad litem is made in connection with the settlement of a decedent's estate or the settlement of the account of a trustee or other fiduciary, the person so appointed shall be authorized to represent the minor or incompetent, undetermined or unborn person in all proceedings for the settlement of the estate or account and subsequent accounts of the trustee or other fiduciary, or until the person's appointment is terminated by death, resignation or removal.

(f) The guardian ad litem may be removed by the judge or magistrate which appointed the guardian ad litem, without notice, whenever it appears to the judge or magistrate to be in the best interests of the ward or wards of the guardian.

(g) Any guardian ad litem appointed under the provisions of this section may be allowed reasonable compensation by the judge or magistrate appointing the guardian ad litem and shall be paid as a part of the expenses of administration.

See Sec. 45a-754 re maintenance of records concerning guardianship in locked files.

Annotations to former section 45-54:

Only appointed on behalf of infant respondents. 30 C. 285. Recognition of attorney representing infants as guardian ad litem held, under facts, equivalent to appointment. 93 C. 595. Cited. 128 C. 390. Probate Court has power to appoint and fix compensation of a guardian ad litem in a proceeding for removal of guardian of the person. 140 C. 96. Cited. 147 C. 482; 156 C. 627. Children cannot choose their own guardian under statute, court may appoint. 158 C. 217. Cited. 180 C. 533; 204 C. 760.

Cited. 9 CA 413.

Cited. 3 CS 377; 17 CS 343. Considerations involved in setting compensation of guardian ad litem; right of guardian ad litem to appoint counsel discussed. 21 CS 181. The marriage of a minor resulting in his emancipation does not permit him to sue in his own name in a divorce proceeding, for such an exception should be made only through legislative action. Id., 376.

Annotations to present section:

Cited. 241 C. 767.

Cited. 25 CA 741; 35 CA 449; 44 CA 225. Under Sec. 46b-136 and this section, court has broad discretion to appoint counsel and guardians ad litem for minor parties. 76 CA 693. Language of Subsec. (f) broad enough to permit court to extend appointment of guardian ad litem beyond duration of custody proceedings. 90 CA 744.

Cited. 42 CS 474.
Conn. Gen. Stat. § 45a-383 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-383
Sec. 45a-383. (Formerly Sec. 45-230kk). Settlement of estate without claims procedures.
Status: in_force

See Sec. 36a-292 re liability of surviving joint bank account owners.
Conn. Gen. Stat. § 45a-618 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-618
Sec. 45a-618. (Formerly Sec. 45-45c). Enforcement of decree and award of custody by warrant.
Status: in_force

Annotation to former section 45-45c:

Cited. 193 C. 393.
Conn. Gen. Stat. § 45a-559 — Connecticut Code / Title 45a / Chapter 802d / Section 45a-559
Sec. 45a-559. Custodian's expenses, compensation and bond.
Status: in_force

(b) Except for one who is a transferor under section 45a-558a , a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

(c) Except as provided in subsection (f) of section 45a-559c , a custodian need not give a bond.
Conn. Gen. Stat. § 45a-113c — Connecticut Code / Title 45a / Chapter 801b / Section 45a-113c
Sec. 45a-113c. Liens upon real estate that are deemed released.
Status: in_force

(b) Notwithstanding any other provision of title 12, any lien upon real estate situated in this state for the tax imposed under chapter 217, as in effect after December 31, 2004, shall be deemed released ten years from the date of the death of the decedent, except for estates that have filed a return or been assessed a tax under section 12-392 , prior to ten years from the date of the death of the decedent.

(c) Notwithstanding the provisions of subsection (a) or (b) of this section, no lien that is released under said subsection (a) or (b) shall serve as either the basis for any claim for refund or result in the issuance of any refund of any payments that were made or otherwise applied by the Commissioner of Revenue Services against the taxes that gave rise to such liens.
Conn. Gen. Stat. § 45a-324 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-324
Sec. 45a-324. (Formerly Sec. 45-255a). Power to sell real property as authorized by testator.
Status: in_force

Annotations to former section 45-178:

At common law, administrator with the will annexed had power to sell land under an absolute direction in the will. 49 C. 342; 82 C. 312. Cited. 54 C 64.
Conn. Gen. Stat. § 45a-206 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-206
Sec. 45a-206. (Formerly Sec. 45-191). Right of foreign corporation to be executor or trustee. Requirements. Bond.
Status: in_force

(b) Such corporation shall not act in such capacity until it has appointed in writing the Secretary of the State and his or her successors in office to be its attorney, upon whom all process in any action or proceeding against it may be served in any action or proceeding relating to its activities in such capacity. In such writing, such corporation shall agree that any process against it which is served on the Secretary of the State shall be of the same legal force and validity as if served on such corporation, and that such appointment shall continue as long as any liability on account of such activities remains outstanding against the corporation in this state.

(c) Where any court of probate has jurisdiction of the accounts of such executor or trustee, such court may in its discretion require such corporation to give bond for the performance of its duties, in like manner and to the same extent that it may require bond of a similar domestic corporation.

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

See Sec. 45a-477 re foreign trustee's custody of trust estate and re probate court's jurisdiction over trusts created by nondomiciliaries.

See Sec. 52-60 re appointment of judge of probate as attorney for nonresident fiduciary and re need to appoint judge of probate as agent for service of process.

See Sec. 52-61 re service of process upon nonresident fiduciaries.

Annotations to former section 45-191:

Foreign corporation cannot act as administrator in this state. 92 C. 656.

Cited. 18 CS 441.
Conn. Gen. Stat. § 45a-276 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-276
Sec. 45a-276. (Formerly Sec. 45-266c). Comity recognition of foreign decrees.
Status: in_force

(b) Any such transfer or payment shall, to the extent of the amount so transferred or paid, discharge the registrant or holder of such property from liability to any person on account thereof.

(c) As used in this section, the word “state” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
Conn. Gen. Stat. § 45a-500j — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500j
Sec. 45a-500j. Duty to provide information to trust director or trustee.
Status: in_force

(b) Subject to the provisions of section 45a-500k , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to: (1) The powers or duties of the director; and (2) the powers or duties of the trustee or other director.

(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in wilful misconduct.

(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in wilful misconduct.
Conn. Gen. Stat. § 45a-41 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-41
Sec. 45a-41. (Formerly Sec. 45-29h). Retirement allowance. Annual adjustments in retirement allowances.
Status: in_force

(b) Each member who is entitled to benefits under the Old Age and Survivors Insurance System as provided for in sections 7-452 to 7-459 , inclusive, as a result of service in a court of probate in this state shall receive a retirement allowance during his lifetime, payable monthly, equal to one-twelfth of the sum of (1) and (2) following: (1) One per cent of average final compensation up to and including four thousand eight hundred dollars for each year of credited service; (2) two per cent of average final compensation in excess of four thousand eight hundred dollars for each year of credited service.

(c) The retirement allowance for any member shall not be less than three hundred sixty dollars annually.

(d) On July 1, 1980, and on July first of each subsequent year, the State Retirement Commission shall determine the percentage of increase or decrease in the average monthly nation-wide Consumer Price Index for the most recent fiscal year compiled and published by the federal government from the average monthly nation-wide Consumer Price Index compiled and published by the federal government for the next preceding fiscal year. Subject to the further limitations of this subsection, the percentage of increase or decrease so determined on July first of each year shall be applied to increase or decrease by such percentage the amount of the retirement allowance in effect on July first of the next preceding year for each member who was a retired member on said July first and was then receiving a retirement allowance under this section, and for the spouse of each deceased member who had elected the husband and wife retirement income option, or any other spouse or contingent annuitant receiving a continuing reduced retirement allowance or retirement income payments under section 45a-43 on said July first; and the amount of retirement allowance or retirement income payable during the twelve-month period commencing on each July first adjustment date shall be the amount so in effect and being received on said July first increased or decreased as above. No adjustment shall be made on any July first if the increase or decrease in such index determined as above is less than one per cent, and adjustments for increases in excess of three per cent shall be limited to three per cent. In no event shall the amount of monthly retirement allowance or retirement income payment for a member or spouse receiving such an allowance or payment on June 30, 1979, be reduced by any adjustment under this subsection below the amount of such monthly retirement allowance or retirement income in effect on June 30, 1979, nor shall the amount of monthly retirement allowance or payment of a member or spouse whose initial amount of such allowance or payment becomes payable after June 30, 1979, be reduced by any adjustment under this subsection below such initial amount of monthly retirement allowance for such member or such initial amount of allowance or payment to such spouse.
Conn. Gen. Stat. § 45a-478 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-478
Sec. 45a-478. (Formerly Sec. 45-87). Appointment of trustee when person has disappeared. Trustee's rights and duties. Procedure if person reappears.
Status: in_force

(b) Diligent search shall be deemed to have been made for any person who has disappeared while serving with the armed forces when such person has been reported or listed as missing, missing in action, interned in a neutral country or beleaguered, besieged or captured by an enemy.

(c) Such trustee, upon giving a probate bond, shall have charge of such property, and he shall have the same powers, duties and obligations as a conservator of the estate of an incapable person. With the approval of the court of probate, such trustee may use any portion of the income or principal of such property for the support of the spouse and minor children of such person.

(d) Upon its own motion or upon the application of any interested person, the court of probate may, after public notice and a hearing thereon, remove, discharge, require an accounting from, or appoint a successor to, such trustee.

(e) The court of probate may continue such trustee in office until satisfactory proof of the death of such person is furnished, until proceedings are taken to settle his estate on the presumption of his death under the provisions of section 45a-329 , or for a period of seven years from the time of the disappearance of such person if he remains unheard of.

(f) In case of the reappearance of such person, the court of probate shall, on his application, after hearing and public notice thereof, order the restoration of such property to the person entitled thereto and the discharge of such trustee, after acceptance of the trustee's account.

See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Conn. Gen. Stat. § 45a-572 — Connecticut Code / Title 45a / Chapter 802f / Section 45a-572
Sec. 45a-572. (Formerly Sec. 45-123a). Exercise in favor of further power.
Status: in_force

(b) Nothing contained in this section shall be construed to permit the creation of any interest which violates the rule against perpetuities.

(c) This section shall be applicable to all powers of appointment whether created before, on or after June 9, 1976.
Conn. Gen. Stat. § 45a-542v — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542v
Sec. 45a-542v. Derivatives and options.
Status: in_force

(b) To the extent that a trustee does not account under section 45a-542k for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

(c) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal.
Conn. Gen. Stat. § 45a-500m — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500m
Sec. 45a-500m. Limitation of action against trust director.
Status: in_force

(b) A financial report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the financial report or accounting would have under section 45a-499rrr in an action for breach of trust against a trustee in a like position and under similar circumstances.
Conn. Gen. Stat. § 45a-8 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-8
Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Allocation of expenses to towns. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts.
Status: in_force

(b) If a town or towns comprising a probate district and the responsible municipal official or officials within such probate district fail to provide the court facilities required by subsection (a) of this section, the Probate Court Administrator shall offer in writing to meet with the judge of probate of the district and the responsible official or officials to discuss such court facilities. After discussion and consideration of the circumstances of the court operations, the Probate Court Administrator may waive or modify the application of a particular requirement of subsection (a) of this section for court facilities.

(c) If suitable court facilities are not provided in accordance with subsection (a) or (b) of this section: (1) The Probate Court Administrator shall provide written notice, by first class mail, to the judge of probate of the district and the chief executive officer of the town in which the court is located, on or before October first of any year in which suitable court facilities are not so provided. Such notice shall specify the requirements of subsection (a) or (b) of this section that are not met and shall direct the submission of a plan as required by this subdivision. Not later than January first of the year following the year in which such notice is provided, such chief executive officer, or his or her representative, shall file with the Probate Court Administrator a plan and time frame for meeting such requirements and providing suitable court facilities; (2) not later than February first of the year following the year in which notice is provided under subdivision (1) of this subsection, the Probate Court Administrator shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary concerning the failure of the probate district to provide the required court facilities; or (3) if, in the opinion of the Probate Court Administrator, judicial action is necessary to enforce the provision of suitable court facilities, the Probate Court Administrator shall bring an action in the Superior Court to enforce the requirements for the provision of suitable court facilities.

(d) Any town located in a probate district that desires to (1) consolidate such probate district with one or more districts, (2) be removed from such probate district to a separate district established for any such town, or (3) be located in another probate district, may, by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court Administrator shall provide such assistance in the preparation of the petition as the officials of the town or towns may request. At the time of submission of a petition to the General Assembly, a copy of the petition shall be sent to the judges of probate in the probate districts to be affected. No probate district may be consolidated with another district until the expiration of the term of office of any probate judge in an affected probate district.

(e) Each judge of probate shall provide suitable records and supplies, in accordance with subsection (a) of this section, for the court in the judge's district. The judge of probate shall cause a complete record to be made of all orders passed by such court and of all wills, inventories, distributions, accounts, bonds and returns made to or lodged with such court. The expense of records, microfilming or the equipment to produce records, and of supplies which the judge deems necessary, shall be paid, upon the order of the judge, by the town or towns composing the district in such proportion as the towns may determine by agreement or, in the absence of such agreement, in proportion to their grand lists last perfected.

(f) When the Probate Court Administrator, by regulation, requires that the courts of probate use specified forms, education materials, supplies or equipment not otherwise required by this section, they shall be furnished by the Probate Court Administrator and the expense paid from the Probate Court Administration Fund established under section 45a-82 .

See Sec. 1-16 re photographic reproduction of documents.

See Sec. 1-18 re disposition of original documents.

See Sec. 7-24 re record and index of instruments kept by town clerk.

See Sec. 45a-754 re maintenance of papers concerning guardianship, parent-child relationships and adoptions in locked files and re disclosure of such records for health or medical reasons.

Annotations to former section 45-12:

Record imports verity. 64 C. 491. Effect of record of probating of will. 67 C. 90. Court permitted and even compelled to correct record to make it truthful. 72 C. 616; 81 C. 127. Order cannot be proved by parol. 76 C. 558; 77 C. 70. Jurisdictional facts must appear of record. 86 C. 351. Cited. 142 C. 383.
Conn. Gen. Stat. § 45a-499m — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499m
Sec. 45a-499m. Role of court in administration of trust.
Status: in_force

(b) An inter vivos trust is not subject to continuing judicial supervision.
Conn. Gen. Stat. § 45a-542r — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542r
Sec. 45a-542r. Liquidating asset.
Status: in_force

(b) A trustee shall allocate to income ten per cent of the receipts from a liquidating asset and the balance to principal.
Conn. Gen. Stat. § 45a-746 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-746
Sec. 45a-746. (Formerly Sec. 45-68e). Information available to adoptive parents and adult adopted or adoptable person.
Status: in_force

(b) The information in subsection (a) of this section, if available, shall be given in writing to the adoptive parents not later than the date of finalization of the adoption proceedings.

(c) The information in subsection (a) of this section and any other nonidentifying information furnished to the child-placing agency from time to time shall be made available in writing upon written request to the following persons provided the child-placing agency or department is satisfied as to the identity of such persons: (1) The adopted or adoptable person who is an adult; (2) the adoptive parents of the adopted person, provided if the adopted person is an adult, such adopted person must give notarized permission to the parents; (3) the guardian or legally authorized representative of an adopted or adoptable person; (4) if the adopted or adoptable person is deceased, any adult descendants, including legally adopted descendants, of such person, provided a certificate of death of such person is presented. Any information requested pursuant to this section shall be provided to the applicant within sixty days of receipt of the request. The child-placing agency, department or court shall notify in writing any person making such request if the information cannot be made available within sixty days and shall state the reason for the delay.

(d) At any time, upon written request, any biological parent shall be given in writing, for purposes of verifying, correcting and adding information, any information in subdivisions (1) to (14), inclusive, of subsection (a) of this section, provided the child-placing agency, department or court is satisfied as to the identity of the parent making this request. Such information shall be provided within sixty days of receipt of such request unless the child-placing agency, department or court notifies the person requesting such information that it cannot be made available within sixty days and states the reason for the delay. Any such biological parent who believes such information to be inaccurate or incomplete may add a statement to the record setting forth what he or she believes to be an accurate or complete version of such information or updated information. Such statement shall become a permanent part of the record and shall be included with any information disclosed pursuant to this section.

(e) None of the information provided for in this section shall be made available if it is of such a nature that it would tend to identify a biological parent or parents of the adopted person, except as provided in sections 45a-750 , 45a-751 , 45a-751a , 45a-751b and 45a-753 .

(f) The provisions of chapter 55 shall not apply to the provisions of this section.

Cited. 224 C. 263.
Conn. Gen. Stat. § 45a-438 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-438
Sec. 45a-438. (Formerly Sec. 45-274). Distribution to children. Inheritance of child from or through parent.
Status: in_force

(b) Except as provided in section 45a-731 , for the purposes of this chapter, a child and the child's legal representatives shall qualify for inheritance from or through the parent if parentage is established in accordance with the provisions of the Connecticut Parentage Act or by adoption. If parentage is based on subdivision (3) of subsection (a) of section 46b-488 or sections 46b-495 to 46b-505 , inclusive, of the Connecticut Parentage Act, parentage shall be established by a voluntary acknowledgment of parentage under sections 46b-476 to 46b-487 , inclusive, of the Connecticut Parentage Act, or by court adjudication.

See Sec. 45a-436 re survivor's succession upon death of spouse, election against will and intestate succession.

Annotations to former section 45-274:

Deed with merely nominal consideration presumed to be advancement. 3 C. 34. Illegitimate child inherits from mother. 5 C. 232. Advancement by unauthorized agent inoperative. 6 C. 311. Gifts are presumed to be advancements. Id., 360, but see 20 C. 326. Advancements are to be brought in and made subject of distribution. 7 C. 5; 64 C. 419. Intent governs as to whether property is gift, advancement, or partly each. 16 C. 388; 20 C. 327. Specific legacies not advancements. 17 C. 545. Gift cannot be subsequently changed to advancement. 23 C. 521. Widow's share in personal estate vests instanter on death of husband. 26 C. 352. Advancement not chargeable against widow's third. 64 C. 419. Cited. 65 C. 89. Section legitimatizes children born before marriage for all purposes. 69 C. 303; 90 C. 168. Cited. 69 C. 625; 72 C. 154; 74 C. 131. Intention determines, between loan and advancement; latter can be converted into former only by consent. 79 C. 365. Illegitimate children may inherit from mother. 88 C. 270. State where land lies determines as to its transmission by inheritance. 178 U.S. 186. “Children” does not include those precluded from inheriting from natural parents by Sec. 45-65. 115 C. 165. “Legal representatives” of a deceased child include his lineal descendants. Id., 242. Former statute cited. Id., 273. Cited. 135 C. 252. Heirs at law who take upon intestacy resulting from the failure of a contingent remainder to vest are to be ascertained as of the date of testatrix' death. 137 C. 192. Cited. Id., 610. Meaning of term “legal representatives” should be determined from the context of the will; here held to be a term of limitation. 147 C. 272. Cited. 149 C. 129; 150 C. 125; 170 C. 212; 174 C. 482. Unconstitutional as applied to the illegitimate children involved as violation of equal protection clause of U.S. and Connecticut Constitutions. 178 C. 181. Cited. 180 C. 114; 194 C. 52; 204 C. 760; 216 C. 523.

Cited. 38 CS 91. Neither the execution of a “statement of parentage” nor the affirmation on an income tax return constituted a valid acknowledgment of paternity since they were not made “under oath”. 40 CS 151.

Annotations to present section:

Cited. 234 C. 51. 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-635 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-635
Sec. 45a-635. (Formerly Sec. 45-55). Removal by foreign guardian of ward's personal property.
Status: in_force

(b) If the probate court finds the allegations true and the applicant files in the probate court for record an exemplified copy of the record of the court by which he was appointed, the probate court may, after a hearing upon the application, upon such notice as it orders to the person having the property in his custody and to the owner of the property, and after proof that all known debts chargeable against it and contracted in this state have been paid or satisfied, appoint the applicant to be guardian, conservator or trustee of such estate without further bond. The probate court may authorize the person having the property in his custody to deliver it to the applicant, who may demand, sue for and recover it and remove it from this state.

See Sec. 45a-477 re foreign trustee's custody of trust estate and re probate court's jurisdiction over trusts created by nondomiciliaries.

Annotations to former section 45-55:

Scope of section; property may be turned over without order of court; liability of surety on bond in this state where property not turned over. 75 C. 414; 80 C. 119. Application under section not a condition precedent to payment to foreign fiduciary. 138 C. 17.
Conn. Gen. Stat. § 45a-499www — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499www
Sec. 45a-499www. Limitation on personal liability of trustee.
Status: in_force

(b) Except as otherwise limited by the general statutes, the trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

(c) A claim may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim, if the claim is based on (1) a contract entered into by a trustee in the trustee's fiduciary capacity, (2) an obligation arising from ownership or control of trust property, or (3) a tort committed in the course of administering a trust.
Conn. Gen. Stat. § 45a-8d — Connecticut Code / Title 45a / Chapter 801 / Section 45a-8d
Sec. 45a-8d. Employment of a family specialist by a Probate Court or Regional Children's Probate Court. Duties of family specialist.
Status: in_force

(b) If authorized by the Probate Court Budget Committee, a Regional Children's Probate Court or a Probate Court that is not located in a region served by a Regional Children's Probate Court may employ a family specialist. A family specialist employed by a Probate Court may, with the consent of the Probate Court judge, perform functions under this section for another Probate Court that is not located in a region served by a Regional Children's Probate Court.

(c) A family specialist may perform any of the following functions in connection with children's matters, as defined in subsection (a) of section 45a-8a :

(1) Conduct conferences with interested parties, attorneys for interested parties, representatives from the Department of Children and Families and social service providers, when appropriate;

(2) Facilitate the development of the family's plan for the care of the minor;

(3) Facilitate the development of a visitation plan;

(4) Coordinate with the Department of Children and Families to facilitate a thorough review of the matter being heard;

(5) Assess whether the family's plan for the care of the minor, if any, is in the minor's best interests;

(6) Assist the family in accessing community services; and

(7) Conduct follow-up regarding orders of the court.

(d) The family specialist may file with the court a report that may include:

(1) An assessment of the minor's and family's history;

(2) An assessment of the parent's and any proposed guardian's involvement with the minor;

(3) Information regarding the physical, social and emotional status of the interested parties;

(4) An assessment of the family's plan for the care of the minor; and

(5) Any other information or data that is relevant to determine if the proposed court action is in the best interests of the minor.

(e) Any report filed by a family specialist pursuant to subsection (d) of this section shall be admissible in evidence. If a party or an attorney for a party notifies the court prior to a scheduled hearing that such party or attorney wishes to examine the family specialist who filed the report, the court shall order such family specialist to appear at the hearing.
Conn. Gen. Stat. § 45a-500f — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500f
Sec. 45a-500f. Powers of trust director.
Status: in_force

(b) Unless the terms of a trust provide otherwise: (1) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a) of this section; and (2) trust directors with joint powers shall act by majority decision.
Conn. Gen. Stat. § 45a-718 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-718
Sec. 45a-718. (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation.
Status: in_force

(b) The statutory parent shall be the guardian of the person of the child, shall be responsible for the welfare of the child and the protection of the child's interests and shall retain custody of the child until the child attains the age of eighteen unless, before that time, the child is legally adopted or committed to the Commissioner of Children and Families or a licensed child-placing agency.

(c) Any statutory parent may resign or be removed for good cause shown. Upon filing of a petition for the removal of a statutory parent or filing of a resignation of a statutory parent in the Probate Court in which the statutory parent was appointed, the court shall schedule a hearing, on the removal petition or resignation. Notice of such hearing shall be sent in accordance with section 45a-716 , except that notice need not be sent to any parties whose rights have previously been terminated. At the hearing the court may accept the resignation, remove the statutory parent, or deny the petition for removal. If a statutory parent is removed or resigns, the Probate Court shall appoint a new statutory parent or a guardian of the person.

Annotations to former section 45-61h:

Cited. 198 C. 138.

Cited. 41 CS 23.

Annotation to present section:

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-499bbb — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499bbb
Sec. 45a-499bbb. Duty of loyalty.
Status: in_force

(b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 45a-499yyy , a sale, encumbrance or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (1) The transaction was authorized by the terms of the trust; (2) the transaction was approved by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by section 45a-499rrr ; (4) the beneficiary consented to the trustee's conduct, ratified the transaction or released the trustee as provided in section 45a-499vvv ; or (5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.

(c) A sale, encumbrance or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with: (1) The trustee's spouse; (2) the trustee's descendants, sibling, parents or their spouses; (3) an agent or attorney of the trustee; or (4) a corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in an entity that is acting as the trustee, has an interest that may affect the trustee's best judgment.

(d) If a transaction between a trustee and a beneficiary which does not concern trust property but (1) which occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary; and (2) from which the trustee obtains an advantage, the transaction is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.

(e) If a trustee engages in a transaction in the trustee's individual capacity and not concerning trust property and if the transaction concerns an opportunity properly belonging to the trust, the transaction is a conflict between the personal and fiduciary interests of the trustee.

(f) If a transaction and any investment made pursuant to the transaction complies with the Connecticut Uniform Prudent Investor Act, sections 45a-541 to 45a-541 l , inclusive, is in the best interests of the beneficiaries and is not prohibited by the governing instrument, the following transactions are not presumed to be affected by a conflict of interest between a trustee's personal and fiduciary interests, provided: (1) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee; (2) an investment by a trustee in an insurance contract purchased from an insurance agency is owned by, or affiliated with, the trustee or its affiliate; and (3) the placing of securities transactions by a trustee through a securities broker that is a part of the same company as the trustee is owned by the trustee or is affiliated with the trustee.

(g) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries consistent with the intentions of the settlor. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.

(h) The provisions of this section do not preclude the following transactions, if fair to the beneficiaries: (1) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (2) payment of reasonable compensation to the trustee; (3) a transaction between a trust and another trust, decedent's estate or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest; (4) a deposit of trust money in a regulated financial service institution operated by the trustee; or (5) an advance by the trustee of money for the protection of the trust.

(i) The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that may violate the provisions of this section if entered into by the trustee.
Conn. Gen. Stat. § 45a-262 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-262
Sec. 45a-262. (Formerly Sec. 45-161a). Words of inheritance apply to child born through assisted reproduction and child of decedent conceived and born after death of decedent.
Status: in_force

(b) The words “child”, “children”, “issue”, “descendants”, “descendant”, “heirs”, “heir”, “unlawful heirs”, “grandchild” and “grandchildren”, when used in the singular or plural in any will or trust instrument, shall, unless such document clearly indicates a contrary intention, be deemed to include children born after the death of the decedent, as provided in subsection (a) of section 45a-785 . The provisions of this subsection shall apply to wills and trust instruments whether or not executed before, on or after October 1, 2013, unless the instrument indicates an intent to the contrary.

See Sec. 45a-778 re application of words of inheritance to child conceived through A.I.D.
Conn. Gen. Stat. § 45a-606 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-606
Sec. 45a-606. (Formerly Sec. 45-43). Father and mother joint guardians.
Status: in_force

See Sec. 17a-111 re statement that parents are not entitled to earnings of child supported by Commissioner of Children and Families.

See Sec. 19a-285 re consent by minor parent.

See Sec. 46b-570(a) re establishment of paternity by acknowledgment.

Annotations to former section 45-43:

Guardian appointed while minor is not of age to choose is guardian till majority of ward, unless removed. K. 287. Mother natural guardian on decease of father. 2 R. 323. Judge not liable in civil actions for appointment of bankrupt as guardian. 1 D. 329. Inequitable contract between guardian and ward will be set aside. 5 D. 549. Guardian not bound to support ward out of his own estate. 2 C. 388. Appointment showing jurisdictional fact of residence cannot be attacked collaterally. Id.; 75 C. 308. Guardian's authority coterminous with life of ward. 4 C. 189. Different kinds of guardians. 6 C. 500. Guardian liable on his bond for negligence in not collecting or securing note of nonresident debtor of his ward. 30 C. 508. Father was guardian of minor both as to person and property till arrival at majority, prior to 1901. 31 C. 553. Guardian used in statutes means guardian appointed by court. 33 C. 327. Mother's right as natural guardian inferior to that of guardian appointed by court. Id., 328. Father cannot transfer his right to custody to mother. 34 C. 263. Court has no discretion in matter of appointment if person chosen under Sec. 45-46 is suitable. 38 C. 304; 111 C. 246. History of statutes relating to guardian. 38 C. 319. Guardian primarily responsible to minor rather than court, and a suit on bond proper remedy for neglect of that duty. 43 C. 76. Guardian has no power to bind estate of ward by contract. 53 C. 119. Notice as to appointment under former law considered. 67 C. 366. Settlement of account of guardian by his executor; liability where ward's funds mingled with his own. 69 C. 259. What constitutes residence of child. Id., 301. False representation of guardian cannot affect estate. 72 C. 167. Liabilities where administrator of estate is also guardian of distributees. 75 C. 410; 80 C. 111. Father has no rights in estate of son. 76 C. 430. Guardian has authority only, not title to property; ordinarily represents ward in action. Id., 431; 93 C. 37; 111 U.S. 566. Powers and duties of guardian of estate. 77 C. 379. Right of guardian to compromise claim for personal injury. 84 C. 594. State where land is situated has sole right to appoint guardian of estate of minor as to it. 178 U.S. 186. Statute applies even though parents are living apart; applicable even though custody during most of year is awarded to mother. 99 C. 157. Guardian may not be appointed over illegitimate child until removal of mother under section. 100 C. 206. Abandonment of minor son by father emancipates son; effect on dependency of mother under compensation act. 105 C. 420. Parents have no right of property in their minor children of which they cannot be deprived without their consent. 110 C. 463. Joint guardianship of parents is qualified by court's power under Sec. 46-24. 131 C. 387. Cited. 134 C. 316. Where domicile of child is that of his mother, she may, so far as court action for determining his custody is concerned, have a domicile apart from her husband. 135 C. 124. Where jurisdiction of Probate Court not invoked, other courts may render judgment in habeas corpus as to custody. 136 C. 411. Gives no added right to a mother to recover from father of a child for child's support. 138 C. 7. Cited. Id., 600. Does not preclude appointment of guardian ad litem as provision is permissive. 140 C. 96. Cited. 141 C. 113. Parents are the joint guardians of their minor children, but the paramount consideration in awarding custody of minor children is the welfare and happiness of the child. 142 C. 558. Primary jurisdiction over removal of mother as guardian of person of her son is in Probate Court. 157 C. 576. Cited. 163 C. 343. Father of illegitimate child denied visitation rights on basis of individual child's best interests. 172 C. 612. Mother's right to sole guardianship does not absolutely preclude natural father of illegitimate child from seeking a judicial determination of custody or visitation. 175 C. 527. Standard to be used in issue of custody is set forth in Sec. 45-42b. 193 C. 393. Cited. 201 C. 229; 212 C. 63.

Cited. 6 CA 707.

Status of parents not affected by the circumstances that the parents are separated from each other. 3 CS 211. Where parent abandons minor child and other parent assumes, alone, the burden of supporting and caring for him, the deserting parent emancipates the child and the other parent is entitled to child's earnings. Id., 385. Cited. 7 CS 362; 10 CS 275. Where wife left husband to obtain divorce in another state, but at all times had the intention of resuming parental relationship to her children, held she had not abandoned them. 14 CS 59. Court cannot award custody of an unadopted child to father's wife since natural mother is sole guardian of an illegitimate child. Id., 391. Cited. 15 CS 226; 17 CS 224. Although mother of illegitimate child has superior right to his custody, that right is not absolute; as in case of legitimate child, welfare of child is controlling consideration. 24 CS 76. On appeal from Probate Court ruling removing plaintiff mother as a joint guardian of children, Superior Court's reversal of Probate Court's ruling justifies granting plaintiff's motion to terminate stay of execution so she may renew contact with children. 28 CS 189. Cited. 31 CS 188; Id., 271; 35 CS 237; 40 CS 221.

Annotations to present section:

Cited. 226 C. 652.

Cited. 24 CA 402; 34 CA 129; judgment reversed, see 234 C. 51. Mother and father of minor child are, de facto, guardians of that child; taken together, under this section and Secs. 45a-604(5) and 45a-605(a), authority to make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.

Cited. 44 CS 169.
Conn. Gen. Stat. § 45a-487n — Connecticut Code / Title 45a / Chapter 802c / Section 45a-487n
Sec. 45a-487n. Irrevocability of trust instrument.
Status: in_force

(1) A transferor's power to veto a distribution from the trust;

(2) A power of appointment, other than a power to appoint to the transferor, the transferor's creditors, the transferor's estate or the creditors of the transferor's estate, exercisable by will or other written instrument of the transferor and effective only upon the transferor's death;

(3) The transferor's potential or actual receipt of income, including rights to such income retained in the trust instrument;

(4) The transferor's potential or actual receipt of income or principal from a charitable remainder unitrust or charitable remainder annuity trust, as such terms are defined in 26 USC 664, as amended from time to time; and the transferor's right, at any time and from time to time by written instrument delivered to the trustee, to release such transferor's retained interest in the trust, in whole or in part, in favor of a charitable organization that has or charitable organizations that have a succeeding beneficial interest in the trust;

(5) The transferor's receipt each year of a percentage, not to exceed five per cent, specified in the trust instrument of the initial value of the trust assets on their value determined from time to time pursuant to the trust instrument or of a fixed amount that, on an annual basis, does not exceed five per cent of the initial value of the trust assets;

(6) The transferor's potential or actual receipt or use of principal if the potential or actual receipt or use of principal would be the result of a qualified trustee acting:

(A) In the discretion of the qualified trustee;

(B) Pursuant to a standard that governs the distribution of principal and does not confer upon the transferor a substantially unfettered right to the receipt or use of the principal; or

(C) At the direction of a trust director described in section 45a-487 l who is acting in the director's discretion, or pursuant to a standard that governs the distribution of principal and does not confer upon the transferor a substantially unfettered right to the receipt of or use of principal. For purposes of this subparagraph, a qualified trustee is presumed to have discretion with respect to the distribution of principal unless such discretion is expressly denied to the trustee by the terms of the trust instrument;

(7) The transferor's right to remove a trustee or director and to appoint a new trustee or director, other than a person who is a related or subordinate party with respect to the transferor within the meaning of 26 USC 672(c), as amended from time to time;

(8) The transferor's potential or actual use of real property held under a qualified personal residence trust within the meaning of the term as described in 26 USC 2702(c), as amended from time to time, or the transferor's possession and enjoyment of a qualified annuity interest within the meaning of the term as described in 26 CFR 25.2702-5(c)(8), as amended from time to time; and

(9) The transferor's potential or actual receipt of income or principal to pay, in whole or in part, income taxes due on income of the trust if the potential or actual receipt of income or principal is pursuant to a provision in the trust instrument that expressly provides for the payment of the taxes and if such potential or actual receipt of income or principal would be the result of a qualified trustee acting:

(A) In the qualified trustee's discretion; or

(B) At the direction of a trust director described in section 45a-487 l who is acting in the director's discretion.
Conn. Gen. Stat. § 45a-250 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-250
Sec. 45a-250. (Formerly Sec. 45-160). Who may make a will.
Status: in_force

See Sec. 45a-596 re right to appoint guardians by will.

Annotations to former section 45-160:

Prior to 1805, married woman could not devise real estate. 2 D. 163. Evidence as to soundness of mind; 4 C. 208; 9 C. 102; 27 C. 197; 68 C. 551; 71 C. 392; 74 C. 257; 78 C. 410; Id., 429; 96 C. 575; 104 C. 419; physical weakness; 72 C. 320; 94 C. 560; 104 C. 419; declarations and acts of testator; 29 C. 403; 47 C. 450; 74 C. 257; 85 C. 459; 88 C. 93; 91 C. 388; opinion evidence; 72 C. 305; 104 C. 419. Presumption of sanity. 71 C. 392; 77 C. 288; 99 C. 423. Burden of proof. 8 C. 254; 26 C. 22; 80 C. 521; 88 C. 666. Testamentary capacity defined 8 C. 264; 9 C. 102; 27 C. 303; 34 C. 448; 68 C. 435; 71 C. 393; 72 C. 316; 78 C. 410; Id., 429; 88 C. 93; 94 C. 560. Capacity is determined as of time will is made. 9 C. 105; 78 C. 429. Insane delusion. 68 C. 428. Undue influence; presumptions and burden of proof; relationship of parties. 72 C. 319; 73 C. 467; 77 C. 625; 80 C. 446; Id., 513; 85 C. 459; 87 C. 579; 88 C. 136; Id., 214; Id., 394; Id., 655; 91 C. 40; Id., 388; 93 C. 543; Id., 632; 108 C. 580. Evidence admissible. 68 C. 551; 88 C. 394; Id., 655; 91 C. 388. To prevent devise of real estate from carrying all testator owned, intent to contrary must clearly appear. 86 C. 94. State where land lies determines as to its transfer by will. 178 U.S. 186. Amount of proof required; proof otherwise than by subscribing witnesses. 93 C. 55, 56. Devise of “interest in all undivided real estate” construed to include half interest acquired by testator under will of brother dying a few days before him. 113 C. 271. Test of testamentary capacity. 131 C. 219. Cited. 143 C. 498. Burden of proof on issue of undue influence rests on one alleging it except when it appears that a stranger, holding toward a testator a relationship of trust and confidence, is a principal beneficiary under the will and that the natural objects of the testator's bounty are excluded, but such exception does not apply if the testator's child is such principal beneficiary. 147 C. 477. Meaning of “undue influence” as applied to will contests. Id., 566. Statements of testator, made after execution of will, admissible as evidence on issues of testamentary capacity and undue influence. 150 C. 651. Cited. 154 C. 644, 648; 156 C. 580. Burden of proof. 172 C. 529. Cited. 174 C. 193.

Annotations to present section:

Testamentary capacity to execute will does not require proof of testator's knowledge of full and specific condition of property but sufficient mind and memory to know and understand the business in which testator is engaged when executing the will. 206 CA 371.
Conn. Gen. Stat. § 45a-124 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-124
Sec. 45a-124. (Formerly Sec. 45-30). Giving of orders of notice.
Status: in_force

Annotations to former section 45-30:

Cited. 8 CS 263; 22 CS 234.
Conn. Gen. Stat. § 45a-499w — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499w
Sec. 45a-499w. Requirements for creation.
Status: in_force

(1) The settlor has capacity to create a trust;

(2) The settlor indicates an intention to create the trust;

(3) The trust has a definite beneficiary or is (A) a charitable trust; (B) a trust for the care of an animal, as provided in section 45a-489a ; or (C) a trust for a noncharitable purpose under section 45a-499cc ; and

(4) The trustee has duties to perform.

(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. With respect to a charitable trust, if no default beneficiary is named in the trust instrument, the property subject to the power passes to one or more charitable purposes or beneficiaries that the court selects. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.

(d) The settlor's power to create or contribute to a trust may be exercised by (1) an agent under a power of attorney only to the extent expressly authorized to create or contribute property to a trust; or (2) a conservator of the estate as authorized by the court.

(e) A charitable trust is created if the donor makes a gift with a charitable intent.
Conn. Gen. Stat. § 45a-90 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-90
Sec. 45a-90. (Formerly Sec. 45-24). Connecticut Probate Assembly. Meetings. Powers and duties.
Status: in_force

(b) The assembly shall transact any business which may properly come before its meetings and which pertains to the probate courts, the improvement of and uniformity in their procedure and practice, the administration of justice in the courts of probate and the administration of the assembly. The assembly may make such recommendations to the Probate Court Administrator as it sees fit regarding any or all of these matters. The assembly may adopt bylaws to govern it and its meetings.

(c) Any probate magistrate or attorney probate referee appointed pursuant to section 45a-123a may attend any annual or special meeting of the assembly or any educational program of the assembly, but shall have no vote in any decision of the assembly.
Conn. Gen. Stat. § 45a-54 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-54
Sec. 45a-54. (Formerly Sec. 45-29w). Credit for military service and General Assembly service.
Status: in_force

(b) Upon receiving an application, the Retirement Commission shall grant credit for General Assembly and military service, provided: (1) The member who has performed such service has not received and will not receive a pension from any source other than the probate retirement system as a result of such service; (2) the member makes retirement contributions in an amount determined by the Retirement Commission to be sufficient to pay both the retirement contribution of the member as an employee or judge and the current service cost to the Probate Court Administration Fund for financing the pension credit for such period or periods; and (3) such contributions are paid during the twelve months following the member's application in the manner and subject to the requirements and penalties provided by section 45a-44 for employee members or section 45a-45 for judges.

(c) For an employee member, the commission shall determine the amount of the contribution required, for the purposes of subsections (a) and (b) of this section, based on his annual rate of pay at the date of application. For a judge member, the commission shall determine said amount based on the average of the annual actual net income for the judge of his court, as determined from the income reports filed under section 45a-92 , for the three calendar years prior to the date of application, except that if the judge applying for such credit has taken office in a probate district which has not been in existence for three years, the Probate Court Administrator initially shall estimate said annual net income; thereafter, such judge shall make or receive an adjustment in contributions, during the fourth calendar year of his service as a judge of probate, such that his retirement contributions for his purchased service credit shall be computed on the basis of the average of his annual actual net income for the first three calendar years of his service as a judge of probate.
Conn. Gen. Stat. § 45a-120 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-120
Sec. 45a-120. (Formerly Sec. 45-10). Citation of another judge.
Status: in_force

Annotations to former section 45-10:

Judge may cite, instead of clerk. 59 C. 354. Cited. 134 C. 606. Former provisions for suspension of judge of probate by Chief Court Administrator unconstitutional. 157 C. 150.
Conn. Gen. Stat. § 45a-499q — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499q
Sec. 45a-499q. Representation: Basic effect.
Status: in_force

(b) The consent of a person who may represent and bind another person under this section and sections 45a-499r to 45a-499u , inclusive, is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

(c) Except as provided in section 45a-499oo , a person that, pursuant to this section and sections 45a-499r to 45a-499u , inclusive, may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.

(d) A settlor may not represent and bind a beneficiary under this section with respect to the termination or modification of a trust under sections 45a-499ee and 45a-499ff .

(e) This section and sections 45a-499r to 45a-499u , inclusive, of this act, shall apply to all judicial proceedings and all nonjudicial settlements, agreements or actions (1) under sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive; and (2) under any other provisions of the general statutes pertaining to trust matters. As used in this subsection, “trust matters” means (A) any property or interest in property held as part of a trust; (B) actions by or against a trust or by or against the trustee of the trust, in its capacity as trustee; (C) proceedings for the interpretation of a document creating a trust or other instrument pursuant to which property is held by a trustee; (D) accountings, whether intermediate or final, of any trustee; and (E) any other matter concerning the administration of a trust. Any reference to a trust in this section and sections 45a-487b to 45a-487f , inclusive, includes both testamentary and inter vivos trusts.

(f) As used in this section, “represent” shall not be construed to permit a person who has not been admitted as an attorney pursuant to section 51-80 to serve as legal counsel for any other person in any matter arising under sections 45a-487j to 45a-487t , inclusive, and 45a-499a to 45a-500s , inclusive.
Conn. Gen. Stat. § 45a-451 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-451
Sec. 45a-451. (Formerly Sec. 45-286a). Securing of interest of remainderman in personal property after life estate.
Status: in_force

Annotations to former section 45-183:

At common law, life tenant of personal property may be compelled to give security in case of real danger of loss or removal. 8 C. 363; 13 C. 46; 34 C. 178. Section applies to all life legatees. 44 C. 463. Section does not interfere with powers of courts of equity in similar cases. 53 C. 172. Will may direct otherwise. 57 C. 201. Bond covers trustee's duties on termination of life estate. 60 C. 542. No other security or protection can be ordinarily required. Id., 541. Under what circumstances bond may be required. 65 C. 181, Id., 227; 69 C. 415; 71 C. 157. No bond can be required of a tenant in tail of personal property. 72 C 31. Life tenant may be restrained by injunction from using fund until bond given, where she has been wasting it. 80 C. 413. Statute applies to life tenant who is in effect a trustee. 91 C. 464. Bond is for protection of all persons interested in remainder, including persons entitled thereto through exercise of power of appointment given to life tenant. 124 C. 429. Statute does not apply to determinable fee; to obtain security in such case, application should be made to court of equity having jurisdiction. 129 C. 353.
Conn. Gen. Stat. § 45a-125 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-125
Sec. 45a-125. (Formerly Sec. 45-31). Manner of notice to be fixed by order of court.
Status: in_force

Annotations to former section 45-31:

Failure to give notice not jurisdictional defect. 77 C. 77; 81 C. 688. One receiving “legal notice” need not receive actual notice and loses right of appeal in 1 month. 96 C. 323.

Cited. 8 CS 262. Notice by publication is legal notice. 19 CS 104. Cited. 22 CS 234.
Conn. Gen. Stat. § 45a-380 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-380
Sec. 45a-380. (Formerly Sec. 45-230hh). Fiduciary's report. Notice to creditors. Hearing. Appeal.
Status: in_force

(b) Within thirty days after the filing of the fiduciary's report, the Court of Probate shall hold a hearing on the acceptance of said report and shall give notice of the hearing to each creditor who presented a claim to the fiduciary. Following such hearing, the court shall accept, accept with modifications or reject such report, and shall order distribution of the assets or moneys as it shall find payable in accordance with section 45a-365 . Any creditor aggrieved by the order of the Court of Probate may either (1) appeal from the order of distribution in accordance with sections 45a-186 to 45a-193 , inclusive, or (2) proceed in accordance with section 45a-364 .

(c) In the event of an appeal or a proceeding under section 45a-364 , the order of distribution shall be stayed pending resolution of such appeal or proceeding; provided the court may, if it deems appropriate, order the fiduciary to set aside assets sufficient to assure pro rata payment of any creditor who has appealed or who has proceeded under section 45a-364 , and to distribute the remaining assets in accordance with the order of distribution.
Conn. Gen. Stat. § 45a-322 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-322
Sec. 45a-322. (Formerly Sec. 45-254). Death of owner of real property or oyster grounds to be recorded. Penalty.
Status: in_force

(b) When the decedent was at the time of his death the owner of any oyster ground within the state jurisdiction, the fiduciary shall, within two months after becoming qualified to act, lodge such certificate, stating the area and location of such oyster ground, with the Commissioner of Agriculture. Such certificate shall be recorded on the records of the Commissioner of Agriculture.

(c) If any fiduciary fails to perform the duties imposed upon him by this section, he shall, if the decedent was the owner of real property or any interest therein or mortgage or lien thereon, forfeit and pay to the town in which such real property is situated the sum of twenty-five dollars, and shall, if the decedent was the owner of such oyster ground, forfeit and pay to the state the sum of twenty-five dollars, to be recovered in a civil action against the fiduciary, or by an action upon his probate bond, in the name of the town or state, as the case may be.

See Sec. 45a-450 re recordation of descent or distribution of real property of deceased persons.
Conn. Gen. Stat. § 45a-535e — Connecticut Code / Title 45a / Chapter 802c / Section 45a-535e
Sec. 45a-535e. Release or modification of restrictions contained in gift instrument on management, investment or purpose of institutional fund.
Status: in_force

(b) If a restriction contained in a gift instrument on the management or investment of an institutional fund becomes impracticable or wasteful or impairs the management or investment of the fund or if because of circumstances not anticipated by the donor a modification of a restriction will further the purposes of the fund, a court, upon application of the institution, may modify the restriction. The institution shall notify the Attorney General, who shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention.

(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve or wasteful, a court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General, who shall be given an opportunity to be heard.

(d) Nothing in this section shall be construed as amending or altering existing standards in the law for approximation, cy pres or equitable deviation actions.
Conn. Gen. Stat. § 45a-499ss — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ss
Sec. 45a-499ss. Trustee's bond.
Status: in_force

(b) The court may specify the amount of a bond, its liabilities and whether sureties are necessary. Except in the case of a charitable trust, the court may modify or terminate a bond at any time.

(c) In addition to the requirements of this section, a testamentary trustee that is a foreign corporation shall comply with section 45a-206 .
Conn. Gen. Stat. § 45a-542l — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542l
Sec. 45a-542l. Principal receipts.
Status: in_force

(1) To the extent not allocated to income under sections 45a-542 to 45a-542ff , inclusive, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest or a payer under a contract naming the trust or its trustee as beneficiary;

(2) Money or other property received from the sale, exchange, liquidation or change in form of a principal asset, including realized profit, subject to sections 45a-542i to 45a-542w , inclusive;

(3) Amounts recovered from third parties to reimburse the trust because of disbursements described in subdivision (7) of subsection (a) of section 45a-542y or for other reasons to the extent not based on the loss of income;

(4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;

(5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and

(6) Other receipts as provided in sections 45a-542p to 45a-542w , inclusive.
Conn. Gen. Stat. § 45a-372 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-372
Sec. 45a-372. (Formerly Sec. 45-230u). Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution.
Status: in_force

(b) Following final distribution of all assets known to a fiduciary, any suit on an unsatisfied obligation described in subsection (a) of section 45a-368 shall be brought against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have the fiduciary personally surcharged.
Conn. Gen. Stat. § 45a-492 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-492
Sec. 45a-492. When nonvested property interest or power of appointment created.
Status: in_force

(b) For purposes of sections 45a-490 to 45a-496 , inclusive, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest or (2) a property interest subject to a power of appointment described in subsection (b) or (c) of section 45a-491 , the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(c) For purposes of sections 45a-490 to 45a-496 , inclusive, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
Conn. Gen. Stat. § 45a-181 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-181
Sec. 45a-181. Probate Court Administrator's authority re auditing account of conservator of the estate.
Status: in_force

(b) The Probate Court Administrator may select conservator accounts for audit under this section on a random basis or on the basis of other criteria that the administrator deems effective in deterring and detecting fiduciary malfeasance. No account that a Probate Court has approved may be selected for audit.

(c) When the Probate Court Administrator selects an account for audit, the administrator shall assign an auditor to conduct the audit from the list of auditors maintained under section 45a-175 and shall notify the Probate Court before which the account is pending. The Probate Court shall continue any previously scheduled hearing on the account pending the outcome of the audit and shall notify all parties of the audit and the continuance by first-class mail.

(d) A conservator of the estate whose account is subject to audit shall cooperate with the auditor and provide the auditor with access to all of the conservator's records relating to the conservatorship of the estate. The auditor shall notify the Probate Court, in writing, if the conservator fails to cooperate with the audit and shall send a copy of such notification to each party and attorney of record. On motion of a party or the court's own motion, the court may issue orders to compel compliance with the provisions of this subsection and may remove a conservator who fails to comply with the provisions of this subsection.

(e) An auditor performing an audit under this section shall complete the audit and submit a report of his or her findings to the Probate Court not later than ninety days after the date the auditor receives notice of the auditing assignment. On request of the auditor, the court may extend the deadline if it finds that additional time is necessary to complete the audit.

(f) Upon receipt of an audit report under subsection (e) of this section, the Probate Court shall send notice of the hearing on the account and audit report, together with a copy of the audit report, to all parties. The audit report shall be admissible in evidence, subject to the right of any interested party to require that the auditor appear as a witness, if available, and be subject to examination. The court shall hear and decide the conservator's account and shall determine the rights of the conservator and the parties under subsections (g) and (h) of section 45a-175 .

(g) The Probate Court Administrator shall pay the cost of an audit under this section from the Probate Court Administration Fund, subject to the provisions of section 45a-84 . The Probate Court Administrator may, from time to time, establish hourly rates and allowable expenses for the compensation of auditors under this section.
Conn. Gen. Stat. § 45a-50 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-50
Sec. 45a-50. (Formerly Sec. 45-29q). Administration of retirement allowances.
Status: in_force

(b) Each court of probate shall furnish, at the times and in the manner which the Retirement Commission directs, information concerning the names, ages, length of service and compensation of employees and judges of the probate courts and any other data which the Retirement Commission determines to be necessary for implementing said sections and give prompt notice of all appointments, removals, deaths, resignations, leaves of absence and changes in compensation of employees and judges.

Annotation to former section 45-29q:

Primary standards relating to duties of Retirement Commission held adequate. 157 C. 150.
Conn. Gen. Stat. § 45a-499qqq — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499qqq
Sec. 45a-499qqq. Damages in absence of breach.
Status: in_force

(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
Conn. Gen. Stat. § 45a-500p — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500p
Sec. 45a-500p. Office of trust director.
Status: in_force

(1) Acceptance under section 45a-499rr ;

(2) Giving of bond to secure performance under section 45a-499ss ;

(3) Reasonable compensation under section 45a-499yy ;

(4) Resignation under section 45a-499vv ;

(5) Removal under section 45a-499ww ; and

(6) Vacancy and appointment of successor under section 45a-499uu .
Conn. Gen. Stat. § 45a-334q — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334q
Sec. 45a-334q. Custodian compliance and immunity.
Status: in_force

(b) An order under subsection (a) of this section directing compliance with such request must contain a finding that compliance is not in violation of 18 USC 2702, as amended from time to time.

(c) A custodian may notify the user that a request was made under sections 45a-334b to 45a-334s , inclusive, for disclosure or to terminate an account.

(d) A custodian may deny a request under any provision of sections 45a-334b to 45a-334s , inclusive, from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.

(e) Sections 45a-334b to 45a-334s , inclusive, do not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under sections 45a-334b to 45a-334s , inclusive, to obtain a court order which:

(1) Specifies that an account belongs to the conserved person or principal;

(2) Specifies that there is sufficient consent from the conserved person or principal to support the requested disclosure; and

(3) Contains a finding required by law other than the provisions of sections 45a-334b to 45a-334s , inclusive.

(f) A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with the provisions of sections 45a-334b to 45a-334s , inclusive.
Conn. Gen. Stat. § 45a-290 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-290
Sec. 45a-290. (Formerly Sec. 45-168). Administration with the will annexed and de bonis non.
Status: in_force

(b) If during the settlement of an estate, the executor or the administrator with the will annexed appointed by the court dies or resigns or is removed from such trust, and no alternate or successor has been named in the will, the court shall appoint an administrator of the estate with the will annexed, de bonis non, subject to the same provisions as to hearing, notice, waiver of or order dispensing with notice, selection of the administrator and bond, as are stated in this section and section 45a-286 .

(c) If the person designated in the will to be executor has died or refuses to accept or is incapable of accepting such trust, or if during the settlement of the estate, the executor appointed by the court dies, or resigns or is removed from such trust, and the will names an alternate or a successor, the court shall appoint such alternate or successor executor named in said will as executor, who shall have all the powers and duties as provided in the will. Such appointment shall be subject to the same provisions as to hearing, notice, waiver of or order dispensing with notice, and bond, as are stated in this section and sections 45a-286 and 45a-289 .

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

Annotations to former section 45-168:

Applies to estates of deceased residents only. 49 C. 420. Want of integrity or business experience not the “incapacity” meant by section. 61 C. 426. Court having approved executor named in the will cannot appoint an administrator with the will annexed and such appointment is void. 67 C. 187. Duty of court to approve executor named in will; but foreign corporation held incapable of acting. 74 C. 626. Source of executor's title. 67 C. 81; 74 C. 87. Effect of approval of executor in another state where will probated there. 81 C. 681.

The appointment of an administrator de bonis non occurs only when the original fiduciary has resigned, died or been removed. 21 CS 312.

Annotations to present section:

Subsec. (c):

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

Probate Court has no discretion to appoint as executor someone other than person named; testators are entitled to select their own executors who may not be rejected unless excluded by common law or statute. 30 CA 334.
Conn. Gen. Stat. § 45a-460 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-460
Sec. 45a-460. (Formerly Sec. 45-298c). Rebuttable presumptions.
Status: in_force

(1) Property acquired during marriage by a spouse of the marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which sections 45a-458 to 45a-466 , inclusive, apply; and

(2) Real property situated in this state, and personal property wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which sections 45a-458 to 45a-466 , inclusive, apply.
Conn. Gen. Stat. § 45a-608o — Connecticut Code / Title 45a / Chapter 802h / Section 45a-608o
Sec. 45a-608o. Designation of minor child as having special immigrant juvenile status pursuant to pending petition to terminate parental rights or approve adoption.
Status: in_force

(b) If the court has previously granted a petition to terminate parental rights under section 45a-717 or to approve an adoption under section 45a-727 , a statutory parent, guardian, adoptive parent or attorney for the minor child may file a petition requesting that the court make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The court shall order notice of the hearing on the petition to be given by first class mail to the statutory parent, each guardian, adoptive parent and attorney for the minor child, to the minor child if the minor child is twelve years of age or older and to other persons as the court determines. The court shall make written findings in accordance with subsection (a) of this section.
Conn. Gen. Stat. § 45a-632 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-632
Sec. 45a-632. (Formerly Sec. 45-50). Appointment of guardian of estate of nonresident minor.
Status: in_force

Annotation to former section 45-50:

Guardian appointed under section has no title to ward's property. 76 C. 430.
Conn. Gen. Stat. § 45a-645 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-645
Sec. 45a-645. (Formerly Sec. 45-70). Naming of own conservator for future incapacity.
Status: in_force

(b) The designation shall be executed, witnessed and revoked in the same manner as provided for wills in sections 45a-251 and 45a-257 , or a power of attorney executed in accordance with section 1-350d , except that any person who is so designated as a conservator shall not qualify as a witness.

(c) Such written instrument may excuse the person or persons so designated from giving the probate bond required under the provisions of section 45a-650 , if appointed thereafter as a conservator.

See Sec. 27-129 re appointment of conservator for incompetent veteran.

See Sec. 45a-242 re replacement of fiduciary.

See Sec. 45a-594 re compensation of guardian or conservator of social services beneficiary or veteran.

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

Annotations to former section 45-70:

Court has no jurisdiction over person not residing or domiciled in district. 26 C. 285; 107 C. 3. Omission to appear and object to matter of form waives defect. 29 C. 568. Evidence of respondent's illicit intercourse, and birth of illegitimate children, admissible. 30 C. 87. Ward may acquire domicile elsewhere. 48 C. 172. Appointment on application of person not specified in statute, void. 49 C. 84. Statute has no extra territorial effect. Id., 278. Disability of ward does not begin until appointment of conservator. 51 C. 78. “Incapacity” defined. 72 C. 340. Incapacity a question of fact. Id.; 83 C. 519; 107 C. 7. Jurisdiction of courts of state of residence and of state where property is; discretion of court; right of action as property; relative may apply for appointment though not liable for support. 76 C. 405. Adjudication of incapacity not conclusive 12 years later. 78 C. 430. Facts held sufficient to support conclusion of incapacity and residence. 107 C. 3. Distinction in legal effect between conservatorship and insanity commitment. 113 C. 605. Conservator in many respects an agent of court. 115 C. 330. Conservator in many respects is but agent of court and has only such powers as are expressly or impliedly given him by statute. 155 C. 118. Cited. 175 C. 257.

That person having property is incapable of managing his affairs and has conservator appointed does not warrant finding in and of itself that such person is insane and is not sufficient defense to allegations of cruelty in divorce proceeding. 27 CS 459.

The fact that defendant is under a conservatorship does not prevent him from giving a valid consent to a chemical analysis of his blood or breath to determine whether he has operated a motor vehicle while intoxicated. 3 Conn. Cir. Ct. 47.
Conn. Gen. Stat. § 45a-66 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-66
Sec. 45a-66. (Formerly Sec. 45-11h). Witnesses before council.
Status: in_force

Annotation to former section 45-11h:

Cited. 193 C. 180.

Annotation to present section:

Cited. 222 C. 799.
Conn. Gen. Stat. § 45a-542w — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542w
Sec. 45a-542w. Asset-backed securities.
Status: in_force

(b) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

(c) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate ten per cent of the payment to income and the balance to principal.
Conn. Gen. Stat. § 45a-499ll — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499ll
Sec. 45a-499ll. Combination and division of trusts.
Status: in_force

(b) The trustee of a testamentary trust, with court approval, may combine the trust with another trust or divide the trust into two or more separate trusts if the result does not impair rights of a beneficiary or adversely affect achievement of the purposes of the trust.
Conn. Gen. Stat. § 45a-764 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-764
Sec. 45a-764. (Formerly Sec. 45-69d). Powers of Adoption Review Board. Notice and hearing.
Status: in_force

(b) Any judge of probate who has had presented to him an application for adoption which may not proceed because the child has not been so placed may apply in writing to the Adoption Review Board for a waiver of such requirement.

(c) Upon receipt of the application, the chairman of the board shall set a time and place for a hearing and cause notice to be sent by registered or certified mail to the judge of probate and to all parties entitled to notice in the adoption proceeding.

(d) The hearing shall be held not less than ten days nor more than thirty days after the receipt of the application. The parties entitled to notice shall be given notice at least ten days prior to the hearing.

(e) Any party to the adoption proceedings shall have the right to present such evidence as is deemed necessary and relevant to the board. After hearing the evidence the board may deny the application or approve the application in which case the chairman shall notify the court of probate that the adoption may proceed and that the requirement of placement by the Commissioner of Children and Families or a child-placing agency is waived.

(f) If the court of probate thereafter grants the adoption application, there shall be included in the decree a finding that the placement requirements of section 45a-727 have been waived by the Adoption Review Board.

(g) No such waiver may be granted if the board determines that the adoption proceeding would violate the public policy of the state against the obtaining of children by illegal means for adoption purposes.

Section does not give board authority to consider an application for waiver of placement requirement if underlying adoption application is not supported by a statutory parent adoption agreement. 247 C. 474.

Cited. 45 CS 33.
Conn. Gen. Stat. § 45a-703 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-703
Sec. 45a-703. Application for determination of competency to vote.
Status: in_force

See Sec. 9-159s re notice of voting opportunities presented to certain persons under guardianship or conservatorship.