Conn. Gen. Stat. § 45a-235 — Connecticut Code / Title 45a / Chapter 802 / Section 45a-235
Sec. 45a-235. (Formerly Sec. 45-100f). Additional powers.
Status: in_force

(1) Stock of Fiduciary. To retain and invest and reinvest in and purchase any stock or other securities issued by the fiduciary in its individual capacity, or by any parent holding company of the fiduciary, including any stock dividends thereon and any securities issued in lieu thereof as the result of any recapitalization, reorganization, consolidation or merger. Furthermore the fiduciary may exercise or sell any rights, or exercise part and sell part thereof, including rights to buy fractional shares, issued to it by reason of its ownership of any such security; and may retain and hold any security so acquired and vote and issue general or limited proxies to vote such stock.

(2) Buy Insurance and Annuities. To retain and to purchase insurance contracts, on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest, or annuity contracts for any beneficiary and to pay the premiums thereon out of such beneficiary's portion of principal or income as the fiduciary, in its discretion, shall determine.

(3) Invest in Partnerships, etc. To retain, invest and reinvest in partnerships, joint ventures, leases, real estate syndicates, small business investment companies and hedge funds.

(4) Speculative Assets. To retain, trade and speculate in any real, personal or mixed property as the fiduciary shall deem advisable, wherever situated, including but not limited to: (A) Any one or more or all commodities and commodity options regularly traded on exchanges in or outside the United States, in either spot or futures contracts, claims, straddles, spreads or any other type of commodity contract, whether long or short; (B) puts, calls, straddles and options in any domestic or foreign securities and short sales of such contracts and of securities; (C) interests in oil, gas, coal, gravel, sand, timber, sulphur, precious and semiprecious stones, minerals, metals and their ores, including, but not limited to, iron, aluminum, copper, rhodium, palladium, platinum, radium, uranium and gold and silver bullion, bars, bricks and coins, and any other mineral and timber rights, royalties, leases and payments, and interests in computer hardware and software; (D) any interests in breeding or dairy cattle, horses, hogs, sheep, dogs, cats or other animals; (E) postage and revenue stamps, postal covers, coins, jewelry, rare books, paintings, etchings, statues, sculptures, antiques, curios, antique firearms and edged weapons, and other collectible items and art objects; (F) aircraft, ships, railroad locomotives, rolling stock, buses, antique automobiles and other vehicles; and (G) foreign currencies and United States Treasury bills, including futures contracts in such assets, whether long or short.

(5) Oil and Gas Interests. To have power with respect to oil, natural gas, minerals, and all other natural resources and rights to any interests therein, together with all equipment rights pertaining thereto, including oil and gas royalties, leases, payments, or other oil and gas interests of any character, whether owned in fee, as lessee, lessor, licensee, concessionaire or otherwise, either alone or jointly with others as partner, joint tenant, or joint venturer or in any other noncorporate manner, to: (A) Make oil, gas and mineral leases or subleases; (B) pay delayed rents, lease bonuses, royalties, overriding royalties, taxes, assessments, and all other charges; (C) sell, lease, exchange, mortgage, pledge or otherwise hypothecate any or all of such rights and interests; (D) surrender or abandon, with or without consideration, any or all of such rights and interests; (E) make farm-out, pooling, repressuration and unitization agreements; (F) make reservations or impose conditions on the transfer of any such rights or interests; (G) employ the most advantageous business form in which properly to exploit such rights and interests, whether as corporations, general or limited partnerships, mining partnerships, joint ventures, cotenancies, or otherwise; (H) drill, test, explore, mine, develop and otherwise exploit any and all such rights and interests; (I) produce, process, sell or exchange all products recovered through the exploitation of such rights and interests, and to enter into contracts and agreements for or in respect of the installation or operation of absorption, reprocessing or other processing plants; (J) carry any or all such interests in the name or names of a nominee or nominees; (K) delegate, to the extent permitted by law, any or all of the powers set forth herein to the operator of such property; and (L) employ personnel, rent office space, buy or lease office equipment, contract and pay for geological surveys and studies, procure appraisals, and generally to conduct and engage in any and all activities incident to the foregoing powers, with full power to borrow and pledge in order to finance such activities. The fiduciary shall have the right to rely on the judgment and recommendations of the operators of such property and need not make an independent investigation before acting on their reasonable recommendations.

(6) Form Corporation or Other Entity. To form a corporation or other entity under the laws of any jurisdiction and to transfer, assign, and convey to such corporation or entity all or any part of the estate or of any trust property in exchange for the stock, securities or obligations of any such corporation or entity, and to continue to hold such stock, securities and obligations.

(7) Fiduciary May Become Director or Officer. To vote for any individual fiduciary or any employee, officer or director of any corporate fiduciary, to be a director, officer, or both, of any corporation or small business investment company in which the estate or trust may be interested and to belong to any committee relating in any way to such corporation or company; and to serve as such director, officer, committee member, or any or all of them, and receive proper remuneration for such services, and to exercise its discretion with respect to all matters concerning the affairs of such corporation or company, and to consent to corporate or partnership sales, exchanges, leases, mortgages and encumbrances, without in any way being accountable for any such acts to any beneficiaries.

(8) Operate Farm. To continue any agricultural operation received by the fiduciary pursuant to the will or other instrument and to do any and all things deemed advisable by the fiduciary in the management and maintenance of any farm, which term includes, but is not limited to, a farm, garden, orchard, ranch, timber tract or dairy; and to do any and all things concerning the production and marketing of crops and dairy, poultry, livestock, orchard and forest products including, but not limited to, the following powers: (A) To operate the farm with hired labor, tenants or sharecroppers; (B) to lease or rent the farm for cash or for a share of the crops; (C) to purchase or otherwise acquire farm machinery and equipment and livestock; (D) to undertake the construction, repairs and improvements to farm buildings of all kinds needed in the fiduciary's judgment, for the operation of the farm; (E) to make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes such as for production, harvesting, or marketing, or for the construction, repair, or improvement of farm building, or for the purchase of farm machinery or equipment or livestock; (F) to employ approved soil conservation practices in order to conserve, improve, and maintain the fertility and productivity of the soil; (G) to protect, manage and improve the timber and forest on the farm and sell the timber and forest products when it is for the best interest of the estate, or any trust; (H) to ditch, dam and drain damp or wet fields and areas of the farm when and where needed; (I) to engage in the production of livestock, poultry or dairy products, and to construct such fences and buildings and plant such pastures and crops as may be necessary to carry on such operations; (J) to market the products of the farm; and (K) in general, to employ good husbandry in the operation of the farm.

(9) Residential Realty. To retain any residential real property or apartment and the contents of such real property or apartment received by it hereunder, to purchase, to rent and to maintain residential real property including an ordinary, cooperative or condominium apartment for occupancy, rent free, by any of the beneficiaries hereunder, so long as one or more of them wish to use and occupy it as a home, and to sell it when it is no longer so used and occupied, to pay all rent, taxes, assessments, repairs and other charges for maintaining such real and personal property or apartment, including title, public liability, fire and extended coverage insurance, and to make such purchases or payments out of such beneficiary's portion of the principal or income, in accordance with applicable law, as the fiduciary in its sole discretion shall determine.

(10) Deal with Estate and Trust. To deal in every way with the estate and trust of the settlor or testator, including but not limited to the purchase from, the sale to, the exchange of assets with such estate and trust, or the making of loans thereto, either secured or unsecured and either interest-free or at such rates of interest as the fiduciary shall determine, and to make loans from an estate to a trust, in the discretion of the fiduciary. The powers described herein may be exercised by the fiduciary even though it is the legal representative of the estate, and the fiduciary shall not incur any liability for any loss resulting from the exercise of any such power.

(11) Suits on Insurance Policies. To institute any proceeding at law or in equity to enforce the payment of any life insurance policy payable to the fiduciary and to do any and all things which it in its sole discretion deems advisable for the purpose of collecting any sums which may be due or payable under any such policy, provided, that the fiduciary shall be under no obligation to institute or enter into any such litigation to enforce the payment of any such policy until it shall have been indemnified to its satisfaction against all expenses and liabilities to which it may, in its judgment, be subjected by any such action on its part.

(12) Advancement of Income. The fiduciary, other than a beneficiary serving as a fiduciary, shall have the discretion to advance income to or for the use of any beneficiary and the fiduciary shall have a lien therefor on that beneficiary's future benefits.

(13) Majority Action Permissible. Where there are three or more fiduciaries, the decision of a majority of the fiduciaries shall bind all of the fiduciaries, but an absent or dissenting fiduciary who joins in carrying out the decision of the majority shall not be liable for the consequences of any majority decision if said absent or dissenting fiduciary promptly files a written notice, by certified mail, of his or her dissent with its cofiduciaries and with (A) the Probate Court having jurisdiction over any estate or trust, or (B) the income beneficiaries of any inter vivos trust, provided that liability for failure to join in administering the estate or trust or in preventing a breach of the trust may not thus be avoided.

(14) Reduce Interest Rates. To reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust.

(15) Establish and Maintain Reserves. In lieu of the basic power specified in subdivision (28) of section 45a-234 , the fiduciary shall have the power to set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation-obsolescence, amortization, depletion, other than percentage depletion, of mineral, timber or other wasting assets, and for repairs, improvements, and general maintenance of buildings, or other property out of rents, profits, or other income received; and to set up reserves also for the equalization of payments to or for beneficiaries; provided that the provisions of this subdivision shall not affect the ultimate interests of beneficiaries in such reserves, although no beneficiary may compel distribution of amounts held in such reserves.

(16) Investment Philosophy. To invest with emphasis on growth and capital appreciation, and to apply the same criteria to both new assets and those already in the estate or trust. The fiduciary shall not be liable for any good faith action taken by it but only for negligence, since some assets in which it is authorized to invest are not ordinarily deemed suitable for fiduciary investment.

(17) Investment during Estate Administration. To invest and reinvest the assets of the estate actively and aggressively during the period of administration thereof.

(18) Premium and Discount. To determine whether or not to amortize from income as a sinking fund any premium paid to acquire property and to accrue any discount received at the time of acquisition thereof.

(19) Remortgage and Refinance Real Estate. To remortgage and refinance real estate for any one or more of the following purposes: (A) Business reasons; (B) to obtain funds to pay (i) estate, inheritance, transfer, succession, generation-skipping or other death taxes or duties; (ii) income, property, excise or other similar taxes; (iii) interest and penalties on any tax; and (iv) debts and funeral and administration expenses of the settlor or testator; or (C) to invest or reinvest or speculate in real, personal or mixed property of any description and wherever situated.

(20) Terminate Small Trusts. To terminate any trust by distributing to the then income beneficiary of such trust the entire principal thereof, or an annuity purchased therewith, absolutely and free of trust, if the fiduciary, other than a beneficiary or the settlor serving as such, in its sole discretion, deems continuation of such trust unwarranted in view of the size of the trust.

(21) Distribute Directly to Remaindermen. To distribute property directly from the estate to the remaindermen of any trust, without the interposition of such trust, if the facts at the time for such distribution are such that no trust of such property would be operative under the terms of the will.

(22) Disclaimer of Power. To disclaim part or all of any one or more of the incorporated or specifically granted powers of the fiduciary by instrument in writing filed with the will, trust or other instrument incorporating this power and by complying with the provisions of sections 45a-578 to 45a-585 , inclusive.

(23) Comply with Stock Restrictions. To observe and comply with any limitations on the disposition of any stock existing in the articles of incorporation, bylaws or other contract affecting such shares.

(24) Continue Subchapter S election. To file appropriate consent to the continuation of any Subchapter S election in existence at the time of the testator's death, within the period required by the applicable provision of the Federal Internal Revenue Code then in effect.

(25) Acquire Interest in Trust Asset. To acquire an undivided or an individual interest in a trust or estate asset in which the fiduciary, in any fiduciary capacity, holds an undivided interest.

(26) Income to Custodian for Minor. Any and all income or principal that is distributed, paid to or applied for the benefit of a minor may, in the discretion of the fiduciary, be paid to any person or corporation who is serving as a custodian for the benefit of said minor under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act. If there is no such custodian, the fiduciary may appoint an adult member of the minor's family, a guardian of the minor, a bank with trust powers, or himself, herself or itself to serve as such custodian and receive such payments.

(27) General Powers. To exercise every power and discretion in the management of the estate and the trusts created hereunder as the fiduciary would have if it were the absolute owner thereof. This general power shall not be limited in any way by the powers incorporated or granted herein, but no beneficiary serving as a cofiduciary may participate in any decision, under this or any other power, that affects or could affect the share of such beneficiary relative to that of any other beneficiary in income, principal or in a trust remainder.

Annotations to former section 45-100f:

Cited. 166 C. 21; 178 C. 42.
Conn. Gen. Stat. § 45a-517 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-517
Sec. 45a-517. (Formerly Sec. 45-82). Community trustees to render annual accounts. Hearing on adjustment and allowance.
Status: in_force

(b) The court of probate shall direct the notice, if any, which shall be given of the hearing upon the adjustment and allowance of any such account. The court may adjust and allow the account and make any order necessary to secure the execution of the duties of such trustee or trustees, subject to appeal as provided for appeals from orders of the probate court.

Annotation to former section 45-82:

Cited. 126 C. 670.
Conn. Gen. Stat. § 45a-186 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-186
Sec. 45a-186. (Formerly Sec. 45-288). Appeals from probate. Venue. Service of process. Referral to special assignment probate judge.
Status: in_force

(b) Any person aggrieved by an order, denial or decree of a Probate Court may appeal therefrom to the Superior Court. An appeal from a matter heard under any provision of section 45a-593 , 45a-594 , 45a-595 or 45a-597 , sections 45a-644 to 45a-677 , inclusive, sections 45a-690 to 45a-703 , inclusive, or section 45a-705a , shall be filed not later than forty-five days after the date on which the Probate Court sent the order, denial or decree. Except as provided in sections 45a-187 and 45a-188 , an appeal from an order, denial or decree in any other matter shall be filed on or before the thirtieth day after the date on which the Probate Court sent the order, denial or decree. The appeal period shall be calculated from the date on which the court sent the order, denial or decree by mail or the date on which the court transmitted the order, denial or decree by electronic service, whichever is later.

(c) An appeal shall be commenced by filing a complaint in the Superior Court in the judicial district in which such Probate Court is located, or, if the Probate Court is located in a probate district that is in more than one judicial district, by filing a complaint in a superior court that is located in a judicial district in which any portion of the probate district is located, except that (1) an appeal under subsection (b) of section 12-359 , subsection (b) of section 12-367 , subsection (b) of section 12-395 or section 45a-98e shall be filed in the judicial district of Hartford, and (2) an appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in any superior court for juvenile matters having jurisdiction over matters arising in any town within such probate district. The complaint shall state the reasons for the appeal. A copy of the order, denial or decree appealed from shall be attached to the complaint.

(d) An appeal from a decision rendered in any case after a recording of the proceedings is made under section 17a-498 , 17a-543 , 17a-543a , 17a-685 , or 19a-131b , sections 45a-644 to 45a-667v , inclusive, or section 51-72 or 51-73 , shall be on the record and shall not be a trial de novo.

(e) Each person who files an appeal pursuant to this section shall serve a copy of the complaint on each interested party. The failure of any person to make such service shall not deprive the Superior Court of jurisdiction over the appeal. Notwithstanding the provisions of section 52-50 , service of the copy of the complaint shall be by state marshal, constable or an indifferent person. Service shall be in hand or by leaving a copy at the place of residence of the interested party being served or at the address for the interested party on file with the Probate Court, except that service on a respondent or conserved person in an appeal from an action under part IV of chapter 802h shall be in hand by a state marshal, constable or an indifferent person.

(f) In addition to the notice given under subsection (e) of this section, each person who files an appeal pursuant to this section shall mail a copy of the complaint to the Probate Court that rendered the order, denial or decree appealed from. The Probate Court and the probate judge that rendered the order, denial or decree appealed from shall not be made parties to the appeal and shall not be named in the complaint as parties.

(g) Not later than fifteen days after a person files an appeal under this section, the person who filed the appeal shall file or cause to be filed with the clerk of the Superior Court a document containing (1) the name, address and signature of the person making service, and (2) a statement of the date and manner in which a copy of the complaint was served on each interested party and mailed to the Probate Court that rendered the order, denial or decree appealed from.

(h) If service has not been made on an interested party, the Superior Court, on motion, shall make such orders of notice of the appeal as are reasonably calculated to notify any necessary party not yet served.

(i) A hearing in an appeal from probate proceedings under section 17a-77 , 17a-80 , 17a-498 , 17a-510 , 17a-511 , 17a-543 , 17a-543a , 17a-685 , 19a-131b , 45a-650 , 45a-654 , 45a-660 , 45a-674 , 45a-676 , 45a-681 , 45a-682 , 45a-699 , 45a-703 , 45a-717 or section 45a-98e shall commence, unless a stay has been issued pursuant to subsection (j) of this section, not later than ninety days after the appeal has been filed.

(j) The filing of an appeal under this section shall not, of itself, stay enforcement of the order, denial or decree from which the appeal is taken. A motion for a stay may be made to the Probate Court or the Superior Court. The filing of a motion with the Probate Court shall not preclude action by the Superior Court.

(k) Nothing in this section shall prevent any person aggrieved by any order, denial or decree of a Probate Court in any matter, unless otherwise specially provided by law, from filing a petition for a writ of habeas corpus, a petition for termination of involuntary representation or a petition for any other available remedy.

(l) (1) Except for matters described in subdivision (3) of this subsection, in any appeal filed under this section, the appeal may be referred by the Superior Court to a special assignment probate judge appointed in accordance with section 45a-79b , who is assigned by the Probate Court Administrator for the purposes of such appeal, except that such appeal shall be heard by the Superior Court if any party files a demand for such hearing in writing with the Superior Court not later than twenty days after service of the appeal.

(2) An appeal referred to a special assignment probate judge pursuant to this subsection shall proceed in accordance with the rules for references set forth in the rules of the judges of the Superior Court.

(3) The following matters shall not be referred to a special assignment probate judge pursuant to this subsection: Appeals (A) under sections 17a-75 to 17a-83 , inclusive, section 17a-274 , sections 17a-495 to 17a-528 , inclusive, sections 17a-543 , 17a-543a , 17a-685 to 17a-688 , inclusive, and 19a-131b , (B) of children's matters as defined in subsection (a) of section 45a-8a , (C) under section 45a-98e , (D) under sections 45a-644 to 45a-663 , inclusive, 45a-669 to 45a-683 , inclusive, and 45a-690 to 45a-700 , inclusive, and (E) any matter in a Probate Court heard on the record in accordance with sections 51-72 and 51-73 .

Annotations to former section 45-288:

Appeal is confined to decree appealed from. 2 R. 159. It must appear from appeal that appellant is aggrieved or affected by decree. 2 R. 220; 4 D. 141; 34 C. 203; 46 C. 528; 52 C. 217; 55 C. 229; 70 C. 456; 107 C. 356. One appeal may be taken from several decrees. 6 C. 359, but see 79 C. 87. Appeal not affected by fact that all the other heirs are satisfied. 7 C. 226. Appeal lies from decree allowing credit in administration account for payment of claim against estate. 8 C. 90. Also, account omitting debts collected. 21 C. 244. Appellate court may admit same testimony as Probate Court could do. 9 C. 231; 74 C. 257. Every act of Court of Probate is subject of appeal. 10 C. 192; 97 C. 442. Later decree, if reversed, reverses prior inconsistent decree. 13 C. 224. Appellate court has jurisdiction only over decree appealed from. 15 C. 523; 89 C. 432. Objection that appellant has no interest must be preliminary. 22 C. 131. Appeal cannot be taken to adjourned term of court. 19 C. 1. Nor to regular term subsequent to its commencement. 24 C. 145. When appeal affects other than the executor, parties in interest shall defray expenses. 19 C. 416. Taxing costs on appeal is discretionary with court. Id., 534; 22 C. 271; 38 C. 308; 76 C. 654. When costs are to be paid by administrator. 19 C. 538. Whether decree may be affirmed in part only, quaere. 23 C. 522. Appeal does not vacate or suspend decree appealed from. 28 C. 442; 34 C. 112; Id., 362; 75 C. 312. Appellant may withdraw appeal on settlement with appellee notwithstanding objection of other interested parties who previously agreed with appellant that appeal should be taken in his name, they sharing in expense. 32 C. 334. Appellate court not confined to reasons for decree appearing from record of Probate Court. 39 C. 401. Appeal from decree appointing guardian within jurisdiction of appellate court. Id., 538. Technical rules of pleading do not apply. 34 C. 446; 48 C. 205; 80 C. 401. A decree once affirmed on appeal may be again appealed from by another party. 47 C. 259. An appeal cannot be taken from allowance or refusal to allow appeal. 49 C. 70; 76 C. 426. Appellate court cannot exercise equity powers that Probate Court cannot exercise. 53 C. 24. Refusal by Probate Court to appoint trustee proper subject of appeal. 54 C. 324. Legatee under prior will may appeal from decree probating later will. 57 C. 545. Attaching creditor cannot appeal from decree adjudicating debtor an insolvent. 59 C. 37. Distributees may appeal from decree accepting return of distribution not in accordance with terms of will. 64 C. 53. “Aggrieved” applies only to persons having a pecuniary interest in matter in controversy. Id., 533; 70 C. 457; 106 C. 587. Is civil process; return day. 76 C. 284; 83 C. 677; 84 C. 659. Trial is de novo; power of court. 76 C. 121; 97 C. 443. Appeal by infant through next friend; husband who has renounced interest in wife's estate cannot be “aggrieved”, but sole heir may be, by order approving compromise of claim. 76 C. 426. Undue influence not in issue unless assigned in reasons of appeal. 74 C. 258. Though will is probated, appeal lies from distribution, on ground of invalidity of bequest. 79 C. 506. Appeal from allowance of account does not raise issue as to need of new inventory. 80 C. 623. Proper party to appeal from orders as to sale of ward's estate, after ward's death. 81 C. 127. Appeal from distribution cannot raise question of validity of appointment of administrator on estate of distributee. 83 C. 235. Burden of proof on appeal from allowance of account. 84 C. 659. Appeal lies from acceptance of distribution. 89 C. 421. Superior Court has no greater power than Probate Court; 64 C. 360; 71 C. 132; 81 C. 161; 84 C. 560; can appoint administrator; 76 C. 121; Id., 379; settle account; 72 C. 555; 80 C. 401; determine domicile of deceased. 86 C. 351. Superior Court cannot determine disputed question of title; 84 C. 560; see where trust provision is claimed to be invalid; 74 C. 601; 77 C. 705; power to construe will; 71 C. 122; court cannot pass on claims; 68 C. 84; power to determine allowance to widow. 69 C. 699. Not an “action” in such sense as to permit a jury trial. 90 C. 48. Written motion for appeal not necessary; mandamus lies to compel correction in appeal before service. 91 C. 110. Administrator cannot appeal from order appointing him; 88 C. 423; nor trustee in insolvency, from order refusing extension of time to present claims. 70 C. 455. No appeal lies from determination of distributees apart from order of distribution; 72 C. 322; but see where distributees fail to observe conditions imposed on estate. 64 C. 41; 71 C. 129. Appeal lies where Probate Court acted without jurisdiction. 71 C. 708. Appeals as to allowance of secured claims. 68 C. 184; 71 C. 708. Issues on appeal alleging testamentary capacity. 92 C. 173. Effect of clause in will providing for forfeiture if any beneficiary attacks will. Id., 173. Appeal should be from precise order or act involved. 105 C. 609. Members of unascertainable, fluctuating group of beneficiaries of a public charity lack direct pecuniary interest necessary for appeal. 106 C. 587. Administrator removed upon admission of will is not entitled to appeal. 117 C. 201. Nor is trustee removed for neglect of duty. 129 C. 67. The word “aggrieved”, as used in statute, construed. 122 C. 331. Provision of will that order of Probate Court shall be conclusive and no appeal allowed, held invalid. 131 C. 471. Cited. 139 C. 740; 140 C. 686. When acting upon an appeal from probate, Superior Court is exercising special and limited powers. 139 C. 374. An aggrieved person must have not only a pecuniary interest but a pecuniary interest which has been injuriously affected by the decree appealed from. Id., 652; 143 C. 433. If an appellant is not actually aggrieved, appeal is void. Id., 733. Trustee under a will has duty to protect the interests of the beneficiaries of the trust and if such interests are adversely affected by a later will, he is an aggrieved person to appeal from decree allowing later will. 140 C. 80. An aggrieved person is one who can show a direct pecuniary interest in the matter in controversy which interest the decree appealed from will in some way injuriously affect. 142 C. 379. One against whom a claim may be prosecuted is not an aggrieved person. 143 C. 720. Limits of Superior Court's jurisdiction in appeals from probate. 147 C. 656. Superior Court on appeal from probate sits as, and has no greater power than, a Court of Probate. 148 C. 642; 153 C. 603, 614. Superior Court acts as a Court of Probate, exercising a special and limited statutory jurisdiction rather than its constitutional jurisdiction; it cannot by exercise of general equity powers relieve plaintiff from effect of late filing of appeal under Sec. 45-289. 150 C. 563. Allegations that plaintiff is nephew, former ward and prospective heir of and “responsible for” alleged incompetent's care held insufficient to establish aggrievement within meaning of statute; there is no allegation his rights were adversely affected by appointment of conservator of property of incompetent. 154 C. 247. Appeal erased for want of jurisdiction where plaintiff had not shown himself to be an aggrieved person; mere allegation that plaintiff is aggrieved without supporting factual allegations is not sufficient and allegation that he is only child of incompetent does not bestow on him a real interest in proceedings. 156 C. 625. Review of Probate Court may not include evidence of matters not in existence at date of Probate Court hearing. 157 C. 576. In appeal from probate, Superior Court retries issues de novo and case is not presented on transcript of proceedings in Probate Court. 158 C. 217. Cited. Id., 293. To have standing as aggrieved party, plaintiff must have pecuniary interest which is injuriously affected by decree appealed from. 160 C. 463, 467. Cited. 165 C. 207; Id., 478, 482. Administrator of an intestate estate appointed by Probate Court and supplanted after discovery and probate of decedent's will by an administrator c.t.a. is not an “aggrieved person”. 167 C. 396. Unless plaintiffs are persons actually aggrieved by the order or decree, Superior Court has no jurisdiction over the subject matter of the appeal; to qualify as an aggrieved person, plaintiff must have a pecuniary interest in the subject matter of the decree or order, and that interest must be adversely affected by the decree or order from which the appeal is taken. 169 C. 218. Discussion of aggrievement. Id., 218, 220. Cited. Id., 382, 386; 174 C. 482. Plaintiff who bid upon property of an estate offered for sale has an interest in the proceedings used by the court to approve the sale sufficient to make him an aggrieved party and confer standing. 180 C. 511. Cited. 182 C. 322; 185 C. 25; 186 C. 63; Id., 360; 194 C. 635; 195 C. 123; 208 C. 606; 211 C. 323; 216 C. 514.

A judgment creditor of an heir at law does not have standing to appeal as an aggrieved party where will disinheriting heir is admitted to probate. 1 CA 17. Cited. 2 CA 251; Id., 697; 3 CA 566; 4 CA 436; 6 CA 118; Id., 521; Id., 530; 9 CA 368; Id., 413; 11 CA 297; 13 CA 45; 19 CA 456; 20 CA 58; 22 CA 490.

In this section and in Sec. 45-293 appear the requisites of an appeal from probate. 4 CS 208. Cited. 5 CS 169; 10 CS 503. Appeal not limited to parties but open to any person aggrieved. 13 CS 193. Failure to furnish bond renders the appeal voidable not void and the defect can be waived. Id., 440. Cited. 14 CS 432. Appeal from probate is an absolute right of one aggrieved of which he cannot be deprived by an omission of the court. 18 CS 48.

Aggrieved person. One claiming to be a legatee under a later will who was not named in a will admitted to probate by court decree. 8 CS 260. Applies only to person having a pecuniary interest. Id., 320; 10 CS 98; 12 CS 47; 13 CS 97; Id., 193. Beneficiary under an earlier will is. 14 CS 369. Analogous to Sec. 31-249. 15 CS 62. Plaintiff's liability for support of her mother constituted her as one on an application for a finding of restoration of capacity for mother. Id., 177. Position of executor. 16 CS 460; 18 CS 98. One with a claim which could not be enforced against the administrator in his representative capacity is not. 20 CS 182. On an appeal from probate, Superior Court has no greater power than a Court of Probate. 21 CS 160. Neither the absolute right of appeal of an aggrieved party nor the jurisdiction of Superior Court upon such an appeal may be defeated by the neglect or omission of Probate Court; generally speaking, the technical rules of pleading do not apply to the formation and determination of issues in appeals from probate to Superior Court. Id., 352. In appeal re trustees' and attorney's fees, Superior Court can only find whether fees were reasonable or not; if parties stipulate that Superior Court can fix reasonable fees, court can do so. 24 CS 470. Where probate decree ordered coexecutors to restore part of sums paid one coexecutor and its attorneys, other coexecutor was aggrieved within meaning of section since decree created a joint and several liability against him. 27 CS 110. Plaintiffs' allegation in their motion for appeal that they are heirs at law of decedent and aggrieved by Probate Court order admitting will of decedent to probate at least prima facie establishes their interest. Id., 434. Executor's failure to appeal from Probate Court decree holding assignment by his decedent taxable as antemortem transfer could not be remedied by affirmative claim questioning taxability of transfer in executor's answer to tax commissioner's appeal from two other decisions in decree. 28 CS 210. Each probate appellant stands on his own feet and court will not permit another to join by citing him in. Id., 392. Cited. 34 CS 107; 38 CS 54; 39 CS 63; Id., 157.

Annotations to present section:

Cited. 226 C. 80; 228 C. 439; 237 C. 12; Id., 233; 238 C. 839; 239 C. 553. Superior Court has statutory authority to hear and determine appeals brought by person aggrieved by any Probate Court order, denial or decree. 276 C. 526.

Cited. 27 CA 333; Id., 479; 30 CA 334; 34 CA 579; 36 CA 143; 37 CA 137. Plaintiff was “aggrieved person” under section because of the combination of circumstances including fact that he was the person's only child, heir and had previously had power of attorney and the subsequent appointment of essential strangers as conservators threatened his ability to continue his relationship with his mother without being subject to control by the conservators. 84 CA 486.

Cited. 44 CS 169; 45 CS 533. An appeal from probate is not a civil action and therefore a party appealing to Superior Court from probate is required to commence the appeal by filing the complaint with the court within 30 days of the mailing of the challenged decision. 51 CS 148.

Subsec. (a):

There must be certainty, as distinguished from possibility, that a legally protected interest has been adversely affected in order for party to establish standing before Probate Court; the legally protected interest that may be affected must be an interest in the same matter before Probate Court, and not a protected interest in a different matter. 276 C. 782. Section's limitation period does not conflict with the general provisions of Sec. 51-53(a) addressing the duties of a court clerk. 323 C. 377.

Cited. 45 CA 490. The changes made by P.A. 07-116 reveal a clear legislative intent to simplify and clarify probate appeal process and eliminated previous requirement that aggrieved party file a motion with the Probate Court for permission to file an appeal. 116 CA 59. Because the Probate Court proceeding was not initiated pursuant to any of the enumerated statutes, and the hearing did not satisfy the requirements of Sec. 51-72 or 51-73, plaintiff was entitled to a trial de novo. 124 CA 371.
Conn. Gen. Stat. § 45a-751 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-751
Sec. 45a-751. (Formerly Sec. 45-68j). Release of identifying information by child-placing agency or department.
Status: in_force

(b) Following such attempt, the child-placing agency or department shall furnish the information requested unless: (1) The consents required by section 45a-751b are not given; or (2) the child-placing agency or department determines at any time that the release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the applicant; or (3) the child-placing agency or department determines at any time that the release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the person whose identity is being requested.

(c) If the child-placing agency or department within sixty days of receipt of the request denies the request pursuant to subsection (b) of this section, the child-placing agency or department shall inform the applicant in writing of its determination. If a determination to grant or to deny the request is not reached within sixty days, the child-placing agency or department shall state the reason for the delay.

Annotation to former section 45-68j:

Cited. 216 C. 563.
Conn. Gen. Stat. § 45a-47 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-47
Sec. 45a-47. (Formerly Sec. 45-29n). Employment by more than one probate court.
Status: in_force

(b) The Retirement Commission shall make regulations regarding all matters relating to such transfers of employment and service as the commission finds necessary for the uniform and equitable administration of this section, giving consideration to the welfare of transferees and the interests of the courts.
Conn. Gen. Stat. § 45a-715 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-715
Sec. 45a-715. (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements.
Status: in_force

(b) A petition for termination of parental rights shall be entitled “In the interest of .... (Name of child), a person under the age of eighteen years”, and shall set forth with specificity: (1) The name, sex, date and place of birth, and present address of the child; (2) the name and address of the petitioner, and the nature of the relationship between the petitioner and the child; (3) the names, dates of birth and addresses of the parents of the child, if known, including the name of any putative father named by the mother, and the tribe and reservation of an American Indian parent; (4) if the parent of the child is a minor, the names and addresses of the parents or guardian of the person of such minor; (5) the names and addresses of: (A) The guardian of the person of the child; (B) any guardians ad litem appointed in a prior proceeding; (C) the tribe and reservation of an American Indian child; and (D) the child-placing agency which placed the child in his current placement; (6) the facts upon which termination is sought, the legal grounds authorizing termination, the effects of a termination decree and the basis for the jurisdiction of the court; (7) the name of the persons or agencies which have agreed to accept custody or guardianship of the child's person upon disposition.

(c) If the information required under subdivisions (2) and (6) of subsection (b) of this section is not stated, the petition shall be dismissed. If any other facts required under subdivision (1), (3), (4), (5) or (7) of subsection (b) of this section are not known or cannot be ascertained by the petitioner, he shall so state in the petition. If the whereabouts of either parent or the putative father named under subdivision (3) of subsection (b) of this section are unknown, the petitioner shall diligently search for any such parent or putative father. The petitioner shall file an affidavit with the petition indicating the efforts used to locate the parent or putative father.

(d) If a petition indicates that either or both parents consent to the termination of their parental rights, or if at any time following the filing of a petition and before the entry of a decree a parent consents to the termination of his parental rights, each consenting parent shall acknowledge such consent on a form promulgated by the Office of the Chief Court Administrator evidencing to the satisfaction of the court that the parent has voluntarily and knowingly consented to the termination of his parental rights. No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of her child. A parent who is a minor shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.

(e) A petition under this section shall be filed in the Probate Court for the district in which (1) the petitioner resides, (2) the child resides, is domiciled or is located at the time of the filing of the petition, or (3) in the case of a minor who is under the guardianship of any child care facility or child-placing agency, in the Probate Court for the district in which any office of the agency is located. If the petition is filed with respect to a child born out of wedlock, the petition shall state whether there is a putative father to whom notice shall be given under subdivision (3) of subsection (b) of section 45a-716 .

(f) If any petitioner under subsection (a) is a minor or incompetent, the guardian ad litem, appointed by the court in accordance with section 45a-708 , must approve the petition in writing, before action by the court.

(g) Before a hearing on the merits in any case in which a petition for termination of parental rights is contested in a Probate Court, the Probate Court shall, on the motion of any legal party except the petitioner, or may on its own motion or that of the petitioner, transfer the case to the Superior Court in accordance with rules adopted by the judges of the Supreme Court. In addition to the provisions of this section, the Probate Court may, on the court's own motion or that of any interested party, transfer any termination of parental rights case to a Regional Children's Probate Court established pursuant to section 45a-8a . If the case is transferred, the clerk of the Probate Court shall transmit to the clerk of the Superior Court or the Regional Children's Probate Court to which the case was transferred, the original files and papers in the case. The Superior Court or the Regional Children's Probate Court to which the case was transferred, upon hearing after notice as provided in sections 45a-716 and 45a-717 , may grant the petition as provided in section 45a-717 .

(h) Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if: (1) An order terminating parental rights has not yet been entered; and (2) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.

(i) If the court determines that the child's best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.

(j) A cooperative postadoption agreement shall contain the following: (1) An acknowledgment by either or both birth parents that the termination of parental rights and the adoption is irrevocable, even if the adoptive parents do not abide by the cooperative postadoption agreement; and (2) an acknowledgment by the adoptive parents that the agreement grants either or both birth parents the right to seek to enforce the cooperative postadoption agreement.

(k) The terms of a cooperative postadoption agreement may include the following: (1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are a party to the agreement.

(l) The order approving a cooperative postadoption agreement shall be made part of the final order terminating parental rights. The finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption agreement, nor is the cooperative postadoption contingent upon the finalization of an adoption. Such an agreement shall not affect the ability of the adoptive parents and the child to change their residence within or outside this state.

(m) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption and shall not serve as a basis for orders affecting the custody of the child. The court shall not act on a petition to change or enforce the agreement unless the petitioner had participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute and allocate any cost for such mediation or dispute resolution proceedings.

(n) An adoptive parent, guardian ad litem for the child or the court on its own motion may, at any time, petition for review of communication or contact ordered pursuant to subsection (i) of this section, if the adoptive parent believes that the best interests of the child are being compromised. The court may order the communication or contact be terminated, or order such conditions in regard to communication or contact as the court deems to be in the best interest of the adopted child.

(o) For any child who is the subject of a petition for adoption under this chapter, the court shall consider the appropriateness of postadoption communication or contact with a sibling of such child, including, but not limited to, visitation, written correspondence or telephone calls. If the court determines such postadoption communication or contact is in the best interest of the child, the court shall order that such child have access to and visitation rights with such sibling until the child reaches eighteen years of age.

(p) The court shall consider the following factors in determining whether postadoption communication or contact with a sibling is in the best interest of the child: (1) The age of the child and his or her sibling; (2) the extent of the existing relationship between the child and his or her sibling; (3) the physical, emotional and psychological needs, including any special needs, and stability of the child and his or her sibling; (4) the child's opinion and the opinion of his or her sibling regarding such postadoption communication or contact; (5) the opinion of the adoptive parent regarding such postadoption communication or contact; (6) opinions of experts, including any individuals who may have provided services to the child or his or her sibling; (7) the long-term plans for the child and his or her sibling; and (8) any relevant logistical concerns.

(q) Any determination of the court pursuant to subsection (o) of this section shall be included in the final adoption order, but such determination shall not affect the validity of the adoption. Nothing in this subsection shall limit the authority of the court to enforce its orders in any manner permitted by law.

(r) An adoptive parent may, at any time, petition the court to review its determination regarding postadoption communication or contact between a child and his or her sibling. Upon receiving such petition, the court shall conduct a review of its determination using the factors listed in subsection (p) of this section and may order the communication or contact to be terminated or modified if the court determines that such termination or modification is in the best interest of the child. If any dispute arises pursuant to such review, the court may order the parties to engage in mediation.

(s) The court shall not, pursuant to the review required under subsection (r) of this section, increase communication or contact between the adopted child and his or her sibling unless the court (1) receives consent from the adoptive parent; and (2) inquires about and considers the opinion of the child regarding such increase.

See Sec. 17a-112 re termination of parental rights of child committed to Commissioner of Children and Families.

Annotations to former section 45-61c:

Cited. 179 C. 155; 182 C. 545; 192 C. 254; 214 C. 560.

Cited. 8 CA 92; 13 CA 626; 21 CA 226.

Annotations to present section:

Cited. 234 C. 194.

Cited. 34 CA 176. Jurisdiction for terminating parental rights lies either in Probate Court or in Superior Court pursuant to Sec. 17a-112 and Subsecs. (a) and (g) of this section. 49 CA 706.

Subsec. (a):

No statutory requirement that Department of Children and Families file treatment plan as a condition precedent to filing of termination petition; administrative hearing officer in department has no authority to hear or determine a petition for termination of parental rights; in termination proceeding, burden is on department to prove by clear and convincing evidence that sufficient grounds exist for termination and that termination would serve the best interests of the child. 49 CA 706. Termination of parental rights can proceed after death of sole petitioner if individual authorized under section to file a petition to terminate is seasonably substituted into the proceedings in place of decedent. 167 CA 428.
Conn. Gen. Stat. § 45a-55 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-55
Sec. 45a-55. (Formerly Sec. 45-29x). Pension claims. Denial. Review.
Status: in_force

(b) If any claim is denied, a claimant may request that the decision be reviewed and reconsidered by the commission. Thereafter, any contested case shall be heard and decided in accordance with chapter 54.
Conn. Gen. Stat. § 45a-153 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-153
Sec. 45a-153. (Formerly Sec. 45-232). Submission of claims to arbitration.
Status: in_force

(b) The court may authorize the submission to arbitration following a hearing of which notice has been given to the parties in interest as ordered by the court.

Annotation to former section 45-232:

Cited. 7 CS 225.
Conn. Gen. Stat. § 45a-291 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-291
Sec. 45a-291. (Formerly Sec. 45-189). Executor to administer intestate part of an estate.
Status: in_force

Annotations to former section 45-189:

Cited. 70 C. 375; 133 C. 703.
Conn. Gen. Stat. § 45a-77 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-77
Sec. 45a-77. (Formerly Sec. 45-4d). Powers and duties of Probate Court Administrator. Regulations. Review of Probate Court procedures. Examination of Probate Court records and files. Training in diseases and disorders affecting judgment. Adoption of standards of practice for court-appointed conservators.
Status: in_force

(b) The Probate Court Administrator may issue and shall enforce regulations, provided such regulations are approved in accordance with subsection (d) of this section. Such regulations shall be binding on all courts of probate and shall concern the following matters for the administration of the probate court system: (1) Auditing, accounting, statistical, billing, recording, filing, records management and other court procedures; (2) reassignment and transfer of cases; (3) training of court personnel and continuing education programs for judges of probate, probate magistrates, attorney probate referees and court personnel; (4) remitting funds received by the courts of probate under section 45a-7a to the Probate Court Administration Fund; (5) administering the compensation plan established under section 45a-85 for employees of the courts of probate; (6) establishing criteria for staffing levels for the courts of probate for the purposes of subsection (b) of section 45a-85 ; (7) establishing criteria for the development and approval of miscellaneous office budgets for the courts of probate for the purposes of subsection (b) of section 45a-85 ; (8) expending funds from the Probate Court Administration Fund for the purposes set forth in the regulations adopted pursuant to subdivisions (4) to (7), inclusive, of this subsection; and (9) the enforcement of the provisions of this chapter and the regulations issued pursuant to this section, including, but not limited to, recovery of expenses associated with any such enforcement, as permitted by such regulations.

(c) The Probate Court Administrator may, in consultation with the Public Records Administrator, issue and enforce regulations under subsection (b) of this section, or establish policies or retention schedules, for the management, preservation and disposition of judicial records, papers and documents and administrative records maintained by the courts of probate.

(d) (1) Either the Probate Court Administrator or the executive committee of the Connecticut Probate Assembly may propose regulations authorized under subsection (b) of this section. Any regulation proposed by the Probate Court Administrator shall be submitted to the executive committee of the Connecticut Probate Assembly for approval. Any regulation proposed by the executive committee of the Connecticut Probate Assembly shall be submitted to the Probate Court Administrator for approval. If either the Probate Court Administrator or the executive committee of the Connecticut Probate Assembly fails to approve a proposed regulation, such proposed regulation may be submitted to a panel of three Superior Court judges appointed by the Chief Justice of the Supreme Court. The panel of judges, after consideration of the positions of the Probate Court Administrator and the executive committee of the Connecticut Probate Assembly, shall either approve the proposed regulation or reject the proposed regulation.

(2) Any proposed new regulation and any change in an existing regulation issued under this section on or after July 1, 2007, shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary for approval or disapproval in its entirety, provided, if more than one proposed new regulation or change in an existing regulation is submitted at the same time, said committee shall approve or disapprove all such proposed new regulations and changes in existing regulations together in their entirety. Unless disapproved by said committee within ninety days of the date of such submittal, each such regulation shall become effective on the date specified in such regulation, but not in any event until ninety days after promulgation.

(e) The Probate Court Administrator shall regularly review the auditing, accounting, statistical, billing, recording, filing, records management, administrative and other procedures of the courts of probate.

(f) The Probate Court Administrator shall, personally, or by an authorized designee of the Probate Court Administrator who has been admitted to the practice of law in this state for at least five years, visit each court of probate at least once during each two-year period to examine the records and files of such court in the presence of the judge of the court or the judge's authorized designee. The Probate Court Administrator shall make any additional inquiries that the Probate Court Administrator considers appropriate to ascertain whether the business of the court, including the charging of costs and payments to the State Treasurer, has been conducted in accordance with law, rules of the courts of probate, regulations issued under this section and the canons of judicial ethics, and to obtain information concerning the business of the courts of probate which is necessary for the Probate Court Administrator to perform properly the duties of the office.

(g) The Probate Court Administrator shall develop a plan to offer training to probate judges, paid conservators and other fiduciaries in diseases and disorders affecting the judgment of a person, including, but not limited to, Alzheimer's disease and dementia.

(h) The Probate Court Administrator shall, in consultation with the Connecticut Probate Assembly, adopt standards of practice to provide guidance to court-appointed conservators in the performance of their duties.

Annotation to former section 45-4d:

Standards established by Sec. 51-5 and this section held adequate for delegation of these powers to Probate Court Administrator by General Assembly. 157 C. 150.
Conn. Gen. Stat. § 45a-36 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-36
Sec. 45a-36. (Formerly Sec. 45-29c). Retirement qualifications.
Status: in_force

(b) Employees and judges whose credited service began at or after the age of sixty shall be eligible on the first day of the month after attaining the age of seventy, regardless of length of service, provided in the case of a judge of probate, such judge shall have served at least one full term.

(c) Employees who attained the age of seventy before establishment of the retirement fund shall be eligible on January 1, 1968.

(d) Employees of probate courts serving on or after October 1, 1993, who have completed at least ten years of credited service shall be eligible to retire and thereupon to receive normal retirement benefits on the first day of any month after attaining the age of sixty-two.

Annotation to former section 45-29c:

Where beneficiaries of retirement fund were not made parties to action for declaratory judgment on constitutionality of section, court would not pass on issue of constitutionality. 157 C. 150.
Conn. Gen. Stat. § 45a-317 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-317
Sec. 45a-317. (Formerly Sec. 45-249d). Powers and duties of temporary appointee. Removal. Account.
Status: in_force

(b) Such administrator or officer may be authorized by the court to sell any personal property of the estate which is perishable in its nature or which the court finds cannot be retained to advantage, and may be further authorized to make up or complete any stock or materials in an unfinished state, and to continue any business, so far as may be necessary for the preservation of the same.

(c) Such administrator may be authorized by the court to sell or mortgage any real property of the estate.

(d) Such administrator or officer shall file forthwith an inventory signed under penalty of false statement of all personal property of the deceased and, when ordered to do so, shall exhibit to the court an account of his or her actions.

(e) Such administrator or officer may be removed by the court with or without notice and a successor appointed whenever such action appears to the court advisable.

(f) Upon the appointment and qualification of the administrator or the administrator with the will annexed or the qualification of the executor, such temporary administrator or such officer shall exhibit forthwith to the court an account of his or her trust and deliver to the administrator, executor or administrator with the will annexed all of the estate of the deceased remaining in his or her hands.

Annotations to former section 45-198:

History discussed; action to adjudicate a claim which existed against deceased at time of his death cannot be maintained against temporary administrator; temporary administrators are not general representatives of the estate but emergency officers with but limited custodial duties and authority to care for and preserve the estate until an executor or general administrator is ascertained or appointed as its proper legal representative. 153 C. 52.

Quaere whether temporary administrator may bring action for negligent death. 16 CS 429.

Annotations to former section 45-249d:

Cited. 19 CA 456.

Read together with Secs. 45-249c and 52-555, Subsec. (a) allows temporary administrator to commence wrongful death action. 40 CS 451.
Conn. Gen. Stat. § 45a-777 — Connecticut Code / Title 45a / Chapter 803a / Section 45a-777
Sec. 45a-777. (Formerly Sec. 45-69l). Inheritance by child born as a result of assisted reproduction.
Status: in_force

(b) The legal parents and the relatives of such legal parents may inherit the estate of a child born as a result of assisted reproduction, if the child dies intestate.
Conn. Gen. Stat. § 45a-7a — Connecticut Code / Title 45a / Chapter 801 / Section 45a-7a
Sec. 45a-7a. Probate Court to remit fees, expenses and income to State Treasurer to be credited to Probate Court Administration Fund. Exceptions. Escrow.
Status: in_force

(b) Expenses paid by a town pursuant to section 45a-8 shall not be remitted to the Probate Court Administration Fund.

(c) A Probate Court may hold in escrow any moneys that are paid by a person or entity in anticipation of future fees and expenses. The court shall deposit all escrow funds into a checking account in the name of the court at a financial institution, as defined in section 36a-330 . When a fee or expense is charged to a person or entity that has previously paid funds into escrow, the court shall immediately remit such fee or expense to the State Treasurer. A Probate Court shall not commingle escrow funds with funds from any other source. The provisions of section 4-33 shall not apply to the management of escrow funds under this section.
Conn. Gen. Stat. § 45a-439 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-439
Sec. 45a-439. (Formerly Sec. 45-276). Distribution when there are no children or representatives of them.
Status: in_force

(b) When any will executed prior to January 1, 1902, fails for any reason to dispose of the whole or any part of the estate of the testator, and such estate becomes intestate, the estate shall be distributed in accordance with the statutes of distribution in force at the time such will was executed.

(c) Real property subject to the life use of husband or wife, remaining undivided at the expiration of such life use, shall be distributed in the same manner by the same or other distributors, or the real property may be distributed during the continuance of such life interest and subject thereto.

(d) In ascertaining the next of kin in all cases, the rule of the civil law shall be used.

(e) Relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood.

(f) For the purposes of this section:

(1) A father of a child born out of wedlock shall be considered a parent if the father qualifies for inheritance under section 45a-438b ; and

(2) Next of kin shall include the kindred of a deceased father of a child born out of wedlock if the father would have qualified for inheritance from or through the child under section 45a-438b had the father survived the child.

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

See Sec. 46b-216 re support of surviving spouse by heirs.

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

Annotations to former section 45-276:

Illegitimate children from same mother may inherit from each other. 2 R. 281. Prior to 1784, half-blood equally entitled to ancestral estate. 2 D. 112. “Next of kin” determined by rules of civil law. 3 D. 212. Law of domicile governs distribution of personal estate. 9 C. 199; 16 C. 133; 21 C. 582. Nephews and nieces take per stirpes. 25 C. 391. Real estate bought with avails of ancestral estate is not ancestral estate. 28 C. 339; 40 C. 449. Ancestor means one from whom estate immediately descended. 37 C. 405; 46 C. 123. Even former statute gave parent no right to inherit ancestral real estate. 38 C. 407; 58 C. 209. Illegitimate children are heirs through their mother of collateral kindred. 42 C. 509. Aliens take personal property under statute of distribution. 51 C. 439. Cited. 64 C. 54. Heirs tracing descent through aliens are not excluded. Id., 292. “Representatives” means lineal descendants taking per stirpes. 65 C. 89. Cited. 70 C. 211. Former provisions as to ancestral estate construed. 77 C. 310; 81 C. 171; 91 C. 12. Legitimacy of children under laws of state of parents' domicile at time of their birth is recognized here unless public policy or some positive law is violated. 90 C. 166. “Heirs at law” presumptively means those entitled to inherit under statute of distributions. 100 C. 335. Grandchildren of deceased brothers and sisters come within phrase “those who legally represent them”. 115 C. 239. Former statute cited. Id., 273. Cited. 120 C. 108. Limitation of representation among collaterals to “brothers and sisters” means brothers and sisters of intestate, not brothers and sisters of surviving aunt. 160 C. 463. Cited. 174 C. 482; 194 C. 635. Under current provisions of section, right of parent to inherit from deceased minor child unaffected by parent's abandonment or neglect. 211 C. 121. Cited. 213 C. 637.

Cited. 7 CS 235; 10 CS 507; 22 CS 123; 26 CS 63; 31 CS 271.
Conn. Gen. Stat. § 45a-558f — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558f
Sec. 45a-558f. Creation and transfer of custodial property. Designation of initial custodian. Control.
Status: in_force

(1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”; or (B) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section;

(2) Money is paid or delivered, or a security held in the name of a broker, financial institution or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”;

(3) The ownership of a life or endowment insurance policy or annuity contract is either: (A) Registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”; or (B) assigned in writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”;

(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”;

(5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”;

(6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (A) Issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”; or (B) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act”; or

(7) An interest in any property not described in subdivisions (1) to (6), inclusive, of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section.

(b) An instrument in the following form satisfies the requirements of subparagraph (B) of subdivision (1) of subsection (a) of this section and subdivision (7) of subsection (a) of this section:

“TRANSFER UNDER THE CONNECTICUT UNIFORM TRANSFERS TO MINORS ACT

I, .... (name of transferor or name and representative capacity if a fiduciary) hereby transfer to .... (name of custodian), as custodian for .... (name of minor) under the Connecticut Uniform Transfers to Minors Act, the following: (Insert a description of the custodial property sufficient to identify it.)

Dated:

....

.... (Signature)

.... (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Connecticut Uniform Transfers to Minors Act.

Dated:

....

.... (Signature of Custodian)”

(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
Conn. Gen. Stat. § 45a-612 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-612
Sec. 45a-612. (Formerly Sec. 45-44e). Visitation with minor when proceeding for removal of guardian, appointment of guardian or termination of parental rights is pending.
Status: in_force

Annotation to former section 45-44e:

Cited. 193 C. 393.

Annotations to present section:

Cited. 217 C. 459; 237 C. 233.

Cited. 44 CS 169.
Conn. Gen. Stat. § 45a-303 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-303
Sec. 45a-303. (Formerly Sec. 45-195). Jurisdiction of intestate estates. Probate costs. Issuance of letters of administration.
Status: in_force

(2) When any person not domiciled in this state dies intestate, administration may be granted by the Court of Probate determined under the jurisdictional prerequisites provided in subsection (a) of section 45a-287 for nondomiciliary testators, and the provisions of subsection (e) of section 45a-287 regarding Probate Court costs applicable to testate estates shall apply also to intestate estates granted administration under this section.

(b) Application, notice and hearing re letters of administration. Upon application for letters of administration to the court of probate having jurisdiction of the estate of an intestate decedent, the court shall, before granting letters of administration, after notice required by this section, hold a hearing. Notice of such hearing, either public notice, personal notice or both as the court deems best, shall be given to all persons interested in such estate, including the Commissioner of Revenue Services in the case of a nondomiciliary decedent, unless all persons so interested sign and file in court a written waiver of such notice, or unless the court, for cause shown, dispenses with such notice. The finding by the court that such estate is not more than sufficient to pay the expenses of administration, the funeral and last sickness shall be sufficient cause to dispense with such notice.

(c) To whom letters of administration granted. (1) Upon hearing as required by this section, the court of probate having jurisdiction shall grant administration of the intestate decedent's estate to any one or more persons or their designees appointed in the following order, provided such person or persons are entitled to share in the estate of the decedent: (A) The surviving spouse, (B) any child of the decedent or any guardian of such child as the court shall determine, (C) any grandchild of the decedent or any guardian of such grandchild as the court shall determine, (D) the decedent's parents, (E) any brother or sister of the decedent, (F) the next of kin entitled to share in the estate, or, on their refusal, incapacity or failure to give bond or upon the objection of any heir or creditor to such appointment found reasonable by the court, to any other person whom the court deems proper.

(2) If the intestate decedent lived out of the state leaving property within the state, the court of probate having jurisdiction shall, upon notice and hearing as required by this section, grant administration to such person as the court deems proper.

(d) Bond required of administrator. The court, upon granting any administration, shall take a probate bond from the administrator or any successor administrator appointed by the Court of Probate.

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

See Sec. 12-365 re administration on taxable transfer.

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

Annotations to former section 45-195:

Administration granted to daughter in preference to grandson. 1 R. 52. Administration granted in another state inoperative here. 3 D. 88. “Next of kin” to be ascertained by rule of civil law. 3 D. 211. Title to personal property of intestate vests in administrator. 4 C. 349; 18 C. 121. Administrators must sell for cash. 21 C. 292. Cited. 49 C. 420. Grant of administration must yield to fact that supposed decedent is alive, or left a will, or was domiciled in some other district. 50 C. 340. Court cannot appoint administrator after approving executor. 67 C. 181. Cited. Id., 442. Appointment of administrator where intestate property has been distributed under a will. 70 C. 363. Foreign corporation held incapable of acting as administrator. 74 C. 625. In case of nonresident, there must be at least an apparent ownership of property or claim of liability. 76 C. 125; 83 C. 235; 108 C. 447. Administration should not be granted where it would not avail. 76 C. 378, see 70 C. 363. Duty of court to find domicile of deceased. 86 C. 351. Discretion of court to appoint one not an heir. 93 C. 43. When national bank may be appointed. 94 C. 651. In suit by nonresident administrator under New York death statute, proceeds went to next of kin instead of to estate. 108 C. 447. Location of estate is not material upon issue of jurisdiction of court to grant administration of estate of person who died domiciled in district. 115 C. 301. Decree not invalid for lack of consent. 139 C. 720. Office of executor or administrator does not terminate during his lifetime unless he is removed. 151 C. 598. Plaintiff must move to have administrator appointed and substituted to continue action. 160 C. 404. Cited. 170 C. 212.

Cited. 16 CS 430. The office of the original administrator does not terminate during his lifetime unless he is removed. 21 CS 312. Notice should go to all persons entitled to share in a decedent's property under the laws of intestacy; child born out of wedlock did not have right to notice since she was not entitled to share in father's estate because father did not make a valid acknowledgment of paternity. 40 CS 151.

Annotation to present section:

Cited. 34 CA 579.
Conn. Gen. Stat. § 45a-479 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-479
Sec. 45a-479. (Formerly Sec. 45-92). Suspension of fiduciary powers during armed forces service.
Status: in_force

(b) The Superior Court may appoint a substitute fiduciary to serve for the period of suspension whether or not there remains any fiduciary to exercise the powers and duties of the fiduciary who is in such service. Said court may decree that the ownership and title to the trust res shall vest in the substitute fiduciary or cofiduciary or both and that the duties and such of the powers and discretions as are not personal to the fiduciary may be exercised by the cofiduciary or substitute fiduciary and may make such further orders as said court deems advisable for the proper protection of such fund or estate.

(c) The rules of court with respect to judgments under the Selective Service Act shall not apply to actions under this section.

(d) Upon a petition therefor, the court may order the reinstatement of the fiduciary when his service in the armed forces has terminated.
Conn. Gen. Stat. § 45a-500g — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500g
Sec. 45a-500g. Limitations on trust director.
Status: in_force

(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of 42 USC 1396p(d)(4)(A), as amended from time to time; and

(2) A charitable interest in the trust, including notice regarding the interest to the Attorney General.
Conn. Gen. Stat. § 45a-745 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-745
Sec. 45a-745. (Formerly Sec. 45a-68a). Adoption record.
Status: in_force

(b) Each petitioner for adoption, the attorney for the petitioner and each social or welfare agency or other person concerned with the adoption shall supply the clerk with information which is necessary to complete the adoption record. The supplying of the information shall be a prerequisite to the issuance of a final adoption decree by the court.

(c) Not later than the fifteenth day of each calendar month, the clerk of the Court of Probate shall forward to the Department of Public Health the record provided for in subsection (a) of this section for all final adoption decrees issued during the preceding month.

(d) When the Department of Public Health receives a record of adoption for a person born outside the state, the record shall be forwarded to the proper registration authority of the place of birth.

(e) The Department of Public Health, upon receipt of a record of adoption for a person born in this state, shall establish a new certificate of birth in the manner prescribed in section 7-53 , except that no new certificate of birth shall be established if the court decreeing the adoption, the adoptive parents or the adopted person, if over fourteen years of age, so requests.
Conn. Gen. Stat. § 45a-139 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-139
Sec. 45a-139. (Formerly Sec. 45-34a). Probate bonds. Waiver, when.
Status: in_force

(b) Except as otherwise provided, every bond or probate bond shall be payable to the state, shall be conditioned for the faithful performance by the principal in the bond of the duties of the principal's trust and the administration of and accounting for all moneys and other property coming into the principal's hands, as fiduciary, according to law, and shall be in such amount and with such security as shall be required by the judge of probate having jurisdiction pursuant to rules prescribed by the Supreme Court. If bond is required of a fiduciary, the fiduciary's appointment shall not be effective until the bond has been accepted by the Court of Probate.

(c) A probate judge may waive the requirement of a bond if the assets of the estate are less than twenty thousand dollars, or if the amount of the estate which is not restricted by Probate Court order is less than ten thousand dollars.

Section does not operate to extend applicability of a bond where bond was limited to misappropriation related to a real estate transaction, and not all misappropriations related to the estate, but rather Sec. 45a-164(b) applies. 269 C. 550.
Conn. Gen. Stat. § 45a-734 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-734
Sec. 45a-734. (Formerly Sec. 45-67). Adoption of adults. Inheritance.
Status: in_force

(b) The Probate Court shall cause notice of the time and place of hearing on the proposed adoption to be given to each party to the adoption agreement. If the spouse of the proposed adoptive parent is not a party to the adoption agreement, notice shall be given to the spouse. The court may give notice to other persons interested in the welfare of the proposed adoptive parent or adopted person. The court shall approve the adoption agreement if it finds that the proposed adoptive parent and adopted person share a relationship that is similar to that between a parent and an adult child and that the adoption is in the best interests of the proposed adoptive parent and adopted person. Upon the court's approval of the adoption agreement, the adopted person shall become the legal child of the adoptive parent, and the adoptive parent shall become the legal parent of the adopted person, and the provisions of section 45a-731 shall apply.

(c) One parent of an adult child may join in an adoption agreement between the parent's spouse and the adult child. Upon the court's approval of the adoption agreement, the legal relationship between the adult child and the parent who did not join in the adoption agreement shall be terminated in accordance with subdivisions (5), (6) and (7) of section 45a-731 , and the adopted person shall be the child of the parent and spouse who joined in the adoption agreement, except that the adoption shall not affect the rights of the adopted person to inherit from or through a parent who died before the adoption occurred, as provided in subdivision (8) of section 45a-731 .

(d) One parent of an adult child may join in an adoption agreement between one other person and the adult child. Upon the court's approval of the adoption agreement, the legal relationship between the adult child and the parent who did not join the adoption agreement shall be terminated in accordance with subdivisions (5), (6) and (7) of section 45a-731 , and the adopted person shall be the child of the parent and other person who joined the adoption agreement, except that the adoption shall not affect the rights of the adopted person to inherit from or through a parent who died before the adoption occurred, as provided in subdivision (8) of section 45a-731 .

(e) A married person shall not adopt a person under the provisions of this section unless both the married person and the married person's spouse join in the adoption agreement, except that the Probate Court may approve an adoption agreement by either of them upon finding that there is sufficient reason why the other should not join in the agreement.

Annotation to former section 45-67:

Written agreement may be supplemented by oral agreement as to property settlement. 96 C. 478.
Conn. Gen. Stat. § 45a-500e — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500e
Sec. 45a-500e. Exclusions.
Status: in_force

(b) Sections 45a-500b to 45a-500s , inclusive, do not apply to a:

(1) Power of appointment;

(2) Power to appoint or remove a trustee or trust director;

(3) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(A) The beneficiary; or

(B) Another beneficiary represented by the beneficiary under sections 45a-499q to 45a-499u , inclusive, with respect to the exercise or nonexercise of the power; or

(5) Power over a trust if:

(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and

(B) The power is held in a nonfiduciary capacity to achieve the settlor's tax objectives under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
Conn. Gen. Stat. § 45a-316 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-316
Sec. 45a-316. (Formerly Sec. 45-249c). Appointment of temporary administrator to hold and preserve estate.
Status: in_force

Annotations to former section 45-197:

History discussed; action to adjudicate a claim which existed against deceased at time of his death cannot be maintained against temporary administrator; temporary administrators are not general representatives of the estate but emergency officers with but limited custodial duties and authority to care for and preserve the estate until an executor or general administrator is ascertained or appointed as its proper legal representative. 153 C. 52.

Cited. 16 CS 430.

Annotations to former section 45-249c:

Cited. 1 CA 535.

Read together with Secs. 45-249d(a) and 52-555, allows a temporary administrator to commence a wrongful death action. 40 CS 451.
Conn. Gen. Stat. § 45a-514 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-514
Sec. 45a-514. (Formerly Sec. 45-79). Charitable trusts.
Status: in_force

See Sec. 47-2 re charitable uses of estates.

Annotations to former section 45-79:

A trust to promote the distribution of books or pamphlets may, in the absence of any profit element, qualify as a valid charity; gifts devoted to illegal objectives are void. 143 C. 247. Upon failure of trust, a resulting trust arises in favor of grantor-testator's estate. 150 C. 570. A charitable trust is to be construed, as far as reasonably possible, so as to uphold the trust. 157 C. 265. Lands and property owned by charitable organization devoted to a charitable public use may not be used for commercial purposes unless reasonably necessary to continue the charitable purpose of such organization. 168 C. 447. Cited. 172 C. 496; 179 C. 62; 209 C. 429.

The modified doctrine of cy pres, or of approximation, exists only when the specific method adopted by the testator for carrying his general intent into effect can no longer be executed, but court held that the fact that at any particular time there are only a few, or even no, persons qualified to receive the benefit intended by a charitable bequest is not necessarily a reason for holding that such bequest has failed. 21 CS 217. Applicability of cy pres doctrine or doctrine of approximation depends on proof of general dominant charitable intent to which particular expressed intent is secondary. 27 CS 176. Neither doctrine of cy pres nor that of deviation will be applied when testator's express directions can be carried out. Id., 483.

Annotation to present section:

Cited. 225 C. 32.
Conn. Gen. Stat. § 45a-651 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-651
Sec. 45a-651. (Formerly Sec. 45-70g). Appointment of Commissioner of Social Services as conservator for certain persons with limited resources. Legal representation.
Status: in_force

(b) The Commissioner of Social Services may delegate any power, duty or function arising from the appointment of such commissioner as either conservator of the estate or of the person respectively, to an employee of the Department of Social Services.

(c) When so appointed, such commissioner or designees shall have all the powers and duties of a conservator as provided in sections 45a-644 to 45a-662 , inclusive. The department may contract with any public or private agency or person to assist in the carrying out of the duties as conservator of the estate or the person.

(d) During the term of appointment of the Commissioner of Social Services as conservator, if a suitable person or legally qualified person, corporation or municipal or state official is found to replace such commissioner as conservator, such person, corporation or official may be appointed successor conservator subject to the approval of the court of probate.

(e) The Commissioner of Social Services shall adopt regulations in accordance with the provisions of chapter 54 setting forth the terms and conditions of the acceptance and the termination of appointment as conservator of the estate or person in accordance with this section.

(f) In any proceeding to appoint the Commissioner of Social Services as conservator, the court shall appoint an attorney to represent the person for whom such commissioner has been appointed conservator if such person is without legal representation.
Conn. Gen. Stat. § 45a-667b — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667b
Sec. 45a-667b. Applicability.
Status: in_force

(b) Sections 45a-667 to 45a-667f , inclusive, and sections 45a-667p to 45a-667v , inclusive, apply to conservator of the person proceedings and conservator of the estate proceedings begun before October 1, 2012, regardless of whether a conservator of the person order or conservator of the estate order has been issued.
Conn. Gen. Stat. § 45a-84 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-84
Sec. 45a-84. Probate Court Administrator to prepare proposed budget annually. Review by Probate Assembly. Proposed final budget transmitted to Chief Court Administrator for approval. Requests and authorization re additional expenditures. Report re emergency expenditures.
Status: in_force

(2) The Probate Court Administrator shall submit the proposed budget to the executive committee of the Connecticut Probate Assembly for review. The executive committee shall return the proposed budget to the Probate Court Administrator not later than May first, together with its comments and recommendations concerning the proposed expenditures. The Probate Court Administrator shall thereafter prepare a proposed final budget, including such changes recommended by the executive committee as the Probate Court Administrator deems appropriate. On or before May fifteenth, the Probate Court Administrator shall transmit the proposed final budget to the Chief Court Administrator for approval, together with the comments and recommendations of the executive committee of the Probate Assembly. On or before June fifteenth of that year, the Chief Court Administrator shall take such action on the budget, or any portion thereof, as the Chief Court Administrator deems appropriate. If the Chief Court Administrator fails to act on the proposed budget on or before June fifteenth, the budget shall be deemed approved as proposed.

(b) The Probate Court Administrator may, from time to time, request authority from the Chief Court Administrator to expend additional money from the Probate Court Administration Fund to respond to any matter that could not have been reasonably anticipated in the regular budget process. A copy of all such requests shall be sent to the president-judge of the Connecticut Probate Assembly. If the Chief Court Administrator fails to act on the request within twenty-one calendar days of receipt of the request, the request shall be deemed approved.

(c) The Probate Court Administrator may authorize such expenditures from the Probate Court Administration Fund for emergency purposes as from time to time may be necessary. If an expenditure under this subsection exceeds ten thousand dollars, the Probate Court Administrator shall send a report on the expenditure to the Chief Court Administrator and the president-judge of the Connecticut Probate Assembly within ten days after the expenditure is made.
Conn. Gen. Stat. § 45a-542s — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542s
Sec. 45a-542s. Minerals, water and other natural resources.
Status: in_force

(1) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income.

(2) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal.

(3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, ninety per cent must be allocated to principal and the balance to income.

(4) If an amount is received from a working interest or any other interest not provided for in subdivision (1), (2) or (3) of this subsection, ninety per cent of the net amount received must be allocated to principal and the balance to income.

(b) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, ninety per cent of the amount must be allocated to principal and the balance to income.

(c) Sections 45a-542 to 45a-542ff , inclusive, apply whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.

(d) If a trust owns an interest in minerals, water or other natural resources on January 1, 2000, the trustee may allocate receipts from the interest as provided in sections 45a-542 to 45a-542ff , inclusive, or in the manner used by the trustee before January 1, 2000. If the trust acquires an interest in minerals, water or other natural resources after January 1, 2000, the trustee shall allocate receipts from the interest as provided in sections 45a-542 to 45a-542ff , inclusive.
Conn. Gen. Stat. § 45a-287 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-287
Sec. 45a-287. (Formerly Sec. 45-170). Will of nonresident testator proved in this state. Application. Governing law. Tax. Determination of domicile. Costs for settlement of estate.
Status: in_force

(b) Any proceeding for the proving of a will of a testator pursuant to this section shall be commenced by an application of any person who is named as an executor of such will or by any other person who is interested in such estate. The application shall set forth a statement of the basis for jurisdiction by the court of probate of the district in which such application is filed. The court shall give notice of the hearing on such application to the Commissioner of Revenue Services, to any person named as an executor or trustee in such will, to the heirs at law of the testator, as determined by the laws of this state, and to such other persons as the court may order. Any will which has been denied probate or establishment by judgment or decree of a competent court in the testator's domicile may not be proved in this state except where such denial of probate or establishment is for a cause which is not grounds for rejection of a will of a testator domiciled in this state. Except as otherwise provided in this section, the laws of this state relating to proof and admission of wills to probate for domiciliary testators shall apply to proceedings under this section.

(c) Whenever a testator of a will which is proved in this state pursuant to this section expressly provided in his will that he elects to have the administration and disposition of his estate governed by the laws of this state, then the validity, effect and interpretation of such will, and the administration and disposition of such estate, wherever situated, including rights of creditors and rights of inheritance, shall be determined by the laws of this state in the same manner as if such testator had been domiciled in this state at the time of his death, except as otherwise provided in this section. The rights of persons who are creditors of the testator or of his estate or who may possess or claim rights of inheritance to or elections against the testator's estate pursuant to the laws of the jurisdiction in which the testator was domiciled at the time of his death shall be governed by and subject to the laws of such jurisdiction as to any real or tangible property situated in such jurisdiction or as to any bank accounts which are maintained or other intangible property of the testator the evidences of which are situated in such jurisdiction at the time of the testator's death. Any proceeding pursuant to this subsection shall not be deemed to impair or otherwise adversely affect the claim of any other state or any possession of the United States, for inheritance, succession, estate or other death taxes which may be due and payable by reason of the testator's death.

(d) All property of a testator whose will is proved under this section shall be subject to the laws of this state relating to the taxation of inheritances and successions, except that such laws shall not be applied on the basis that the testator was a domiciliary of this state unless there is a finding that such person was domiciled in this state as provided in section 45a-309 .

(e) In proceedings in the settlement of estates under this section, for the purpose of computing the costs of the court of probate under section 45a-107 , the testator shall be deemed to have been domiciled in this state, unless the court of probate determines that the proceedings in this state are ancillary to proceedings in the state of the testator's domicile.

Annotation to former section 45-170:

Cited. 19 CA 456.
Conn. Gen. Stat. § 45a-541a — Connecticut Code / Title 45a / Chapter 802c / Section 45a-541a
Sec. 45a-541a. Prudent investor rule.
Status: in_force

(b) The prudent investor rule is a default rule that may be expanded, restricted, eliminated or otherwise altered by provisions of the trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on provisions of the trust.
Conn. Gen. Stat. § 45a-584 — Connecticut Code / Title 45a / Chapter 802g / Section 45a-584
Sec. 45a-584. (Formerly Sec. 45-312). Taxation. Refund for overpayment.
Status: in_force

Annotations to former section 45-312:

Cited. 179 C. 463; 211 C. 323.
Conn. Gen. Stat. § 45a-499uu — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499uu
Sec. 45a-499uu. Vacancy in trusteeship; appointment of successor.
Status: in_force

(b) If one or more cotrustees remain in office, a vacancy in a trusteeship of a noncharitable trust need not be filled, unless otherwise required by the terms of the trust. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee. A vacancy in a trusteeship of a charitable trust shall be filled, unless otherwise excused by the terms of the trust.

(c) A vacancy in a trusteeship required to be filled shall be filled in the following order of priority: (1) By a person designated in the terms of the trust to act as successor trustee or appointed according to a procedure specified in the terms and, in the case of a testamentary trust, appointed by the Probate Court; (2) in the case of a noncharitable, inter vivos trust, by a person appointed by unanimous agreement of the qualified beneficiaries; or (3) by a person appointed by the court.

(d) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
Conn. Gen. Stat. § 45a-542x — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542x
Sec. 45a-542x. Disbursements from income.
Status: in_force

(1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee;

(2) One-half of all expenses for accountings, judicial proceedings or other matters that involve both the income and remainder interests;

(3) All of the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal and expenses of a proceeding or other matter that concerns primarily the income interest; and

(4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
Conn. Gen. Stat. § 45a-597 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-597
Sec. 45a-597. (Formerly Sec. 45-60a). Payment by guardian or conservator of administration expenses of deceased person.
Status: in_force

(b) If the estate is less than sufficient to pay all such expenses in full, the provisions of section 45a-365 as to order of payment shall govern.
Conn. Gen. Stat. § 45a-690 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-690
Sec. 45a-690. (Formerly Sec. 45-78p). Definitions.
Status: in_force

(1) “Sterilization” means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating;

(2) “Informed consent” means consent that is (A) based upon an understanding of the nature and consequences of sterilization, (B) given by a person competent to make such a decision, and (C) wholly voluntary and free from coercion, express or implied;

(3) “Institution” means a state school or hospital or other residential facility operated or leased by the state of Connecticut; and

(4) “Best interest” shall include all of the following factors: (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, (B) the individual is physiologically sexually mature, (C) there is no evidence of infertility, (D) the individual has the capability and a reasonable opportunity for sexual activity, (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, (F) the physical or emotional inability to care for a child, (G) the proponents of the sterilization are seeking sterilization in good faith and their primary concern is for the best interests of the respondent rather than their own convenience or the convenience of the public, and (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.
Conn. Gen. Stat. § 45a-499mmm — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499mmm
Sec. 45a-499mmm. General powers of trustee.
Status: in_force

(b) The exercise of a power is subject to the fiduciary duties prescribed by sections 45a-499aaa to 45a-499ooo , inclusive.
Conn. Gen. Stat. § 45a-743 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-743
Sec. 45a-743. (Formerly Sec. 45-68c). Definitions.
Status: in_force

(1) “Adoptable person” means a person who has not been adopted but whose biological parents had their parental rights terminated under the laws of the state of Connecticut.

(2) “Adopted person” means (A) a person who was adopted under the laws of the state of Connecticut or (B) a person who was adopted in another jurisdiction but whose biological parents have had their parental rights terminated in the state of Connecticut.

(3) “Authorized applicant” means (A) an adult adopted or adult adoptable person, (B) any biological parent of an adult adopted or adult adoptable person, including any person claiming to be the father who was not a party to the proceedings for the termination of parental rights, (C) any adult biological sibling of any adult adopted or adult adoptable person, and (D) if the adopted or adult adoptable person is deceased, any adult descendants, including legally adopted descendants.

(4) “Department” means the Department of Children and Families.

(5) “Information” includes information in the records of the courts of probate, Superior Court, the department or child-placing agency or child care facility, the registrars of vital statistics and the Department of Public Health.

(6) “Biological parent” means the biological mother or father of a person.

(7) “Relative” means any person descended from a common ancestor, whether by blood or adoption, not more than three generations removed from the child.
Conn. Gen. Stat. § 45a-426 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-426
Sec. 45a-426. (Formerly Sec. 45-271b). Protection of legacies.
Status: in_force

(b) Specific legacies shall not be taken or sold for the payment of debts and charges against the estate of the testator when there is other property, real or personal, sufficient and available therefor and not specifically devised or bequeathed; but real property may be sold in lieu thereof, when it is necessary for such purpose, unless such will otherwise directs.

Annotations to former section 45-175:

What legacies not specific. 42 C. 346. Right of devisee of mortgaged land to receive it free of mortgage. 68 C. 198; 74 C. 96; Id., 459; 78 C. 481; 79 C. 364. Statute construed. 71 C. 529; 103 C. 371. Debts are to be paid primarily out of personal estate. 74 C. 99. Gift of real estate “after payment of above legacies” charges them on land. 72 C. 253. Marshaling legacies where some are charged on land and others are not. 76 C. 267. Subrogation where personal property specifically given is used to pay legacies charged on real estate. Id., 268. General and specific legacies distinguished. 85 C. 494. Application to debts incurred by executors in running a farm. 103 C. 369. Lands specifically devised not subject to payment of debts until other assets exhausted. 106 C. 611. Cited. 141 C. 102. Devise of proceeds of sale of real property to be held in trust for plaintiff under terms of wife's will required mortgage on property sold to be satisfied from estate, not proceeds of sale, where other estate property existed from which mortgage could be paid. 157 C. 181. Cited. 158 C. 232; Id., 292.

Conditions under which acceptance of devised property will satisfy claim of the donee against decedent's estate. 17 CS 26. The only restrictions on specifically devised property are those imposed by section. Id., 501.
Conn. Gen. Stat. § 45a-107b — Connecticut Code / Title 45a / Chapter 801b / Section 45a-107b
Sec. 45a-107b. Lien on real property for fees imposed in the settlement of decedent's estate. Release of lien by Probate Court. Petition for release of lien.
Status: in_force

(b) The fees imposed under subsections (b) and (c) of section 45a-107 shall be a lien in favor of the state of Connecticut upon any real property located in this state that is included in the basis for fees of the estate of a deceased person, from the due date until paid, with interest that may accrue in addition thereto, except that such lien shall not be valid as against any bona fide purchaser or qualified encumbrancer until notice of such lien is filed or recorded in the town clerk's office or place where mortgages, liens and conveyances of such property are required by statute to be filed or recorded.

(c) The Probate Court for the district in which the decedent resided on the date of his or her death or, if the decedent died a nonresident of this state, for the district within which real estate or tangible personal property of the decedent is situated, shall issue a certificate of release of lien for any such real property not later than ten days after receipt of payment in full of such fee and interest thereon. The court may issue a certificate of release of lien for any such real property, or portion thereof, if the court finds that the fee and interest thereon has not been fully paid but that payment is adequately assured. A certificate of release of lien may be recorded in the office of the town clerk within which such real property is situated, and such certificate shall be conclusive proof that the fees have been paid and such lien discharged.

(d) (1) A person having a title interest in real property subject to a lien for probate fees under this section may petition the Probate Court for a release of such lien if: (A) Such lien arises out of a decedent's retained life use or survivorship interest in the property; (B) the decedent died more than ten years prior to the date of filing the petition; (C) no proceeding for the settlement of the decedent's estate has been commenced in a Probate Court of this state; (D) no Connecticut estate or succession tax return for the decedent's estate has been filed with the Probate Court or Department of Revenue Services; (E) no Connecticut estate tax has been assessed by the Department of Revenue Services; and (F) based on the value of all known property and taxable gifts, no Connecticut estate tax could be assessed in connection with the decedent's estate. The petition shall be filed with the Probate Court for the district in which the decedent was domiciled at death or last resided or, if the decedent died a nonresident of this state, for the district within which the real estate is situated.

(2) The petition for release of lien shall be accompanied by an affidavit or affidavits of the petitioner or the petitioner's attorney. The affidavits shall include the following: (A) A statement that the petitioner did not receive the title interest from the decedent as its immediate successor in interest in the chain of title or as a devise or distribution from the decedent's estate; (B) a statement that the affiant does not possess the information required to file a complete Connecticut estate tax return; (C) evidence that demonstrates a diligent search was made to locate the decedent's heirs, beneficiaries and transferees and a statement that any heirs, beneficiaries or transferees who were located failed or refused to file a Connecticut estate tax return; and (D) a recitation of facts known to the affiant regarding the requirements of this section. Any affidavits submitted by the petitioner's attorney shall be made on the basis of the attorney's own knowledge and shall not be construed to be submitted on behalf of the attorney's client.

(3) Except as provided in subdivision (2) of this subsection, the petitioner shall submit an estate tax return, reporting the value of the real property that is the subject of the petition for release of lien and, to the best of the petitioner's knowledge, the value of all other property of the decedent at the time of death and taxable gifts made by the decedent on or after January 1, 2005.

(4) Upon receipt of the petition, any affidavits and estate tax return, the Probate Court shall determine whether the petition meets the requirements of this subsection. The Probate Court may act on the petition with or without hearing. If the Probate Court determines that the petition meets the requirements of this subsection, the court shall calculate the probate fees on the decedent's estate based on the value of all known property and taxable gifts reported on the estate tax return, together with any applicable interest, and shall issue an invoice for the fees and interest to the petitioner.

(5) The petitioner shall pay to the Probate Court the applicable probate fees and interest.

(6) Not later than ten days after receipt of all applicable probate fees and interest thereon, the Probate Court shall issue certificates of release of the lien for probate fees, as applicable.

(7) Any person petitioning for a release of lien under this section shall include in the petition, to the best of the petitioner's knowledge, all known real property to which the lien applies. A release of lien obtained pursuant to this section shall apply only to the real property reported on the estate tax return. Any other real property interest of the decedent shall continue to be subject to all applicable liens.

(8) If the Probate Court receives an estate tax return for the decedent's estate and payment of all applicable probate fees and interest thereon after issuance of a certificate of release of a probate fee lien under this section, the court shall, on request of the petitioner, refund the probate fees paid by the petitioner under subdivision (4) of this subsection. The petitioner shall not be entitled to a refund of any interest.
Conn. Gen. Stat. § 45a-168 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-168
Sec. 45a-168. (Formerly Sec. 45-242). Mortgage of real property: Amount and interest rate. Liability of fiduciary.
Status: in_force

(b) The order of the court upon the application to mortgage shall fix the amount for which the mortgage may be given and the rate of interest which may be paid thereon.

(c) The note and mortgage legally executed by such conservator, guardian, administrator, executor, trustee or overseer shall bind the estate, but shall not bind such fiduciary individually.

Annotation to former section 45-242:

Former statute cited. 120 C. 671.
Conn. Gen. Stat. § 45a-429 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-429
Sec. 45a-429. (Formerly Sec. 45-271e). Contribution where estate is taken to pay debts.
Status: in_force

Annotations to former section 45-180:

At common law, gift to widow in lieu of dower does not abate ratably with other legacies. 23 C. 330; 26 C. 263. Section applies only when will is silent or its intent uncertain. 68 C. 201. Applies only in favor of specific legatees or devisees who have been deprived of their property by judicial sales. 71 C. 530. Cited. 86 C. 462; 158 C. 292.
Conn. Gen. Stat. § 45a-106a — Connecticut Code / Title 45a / Chapter 801b / Section 45a-106a
Sec. 45a-106a. Fees in matters other than decedent's estate and fiduciary accountings.
Status: in_force

(b) The fee to file each of the following motions, petitions or applications in a Probate Court is two hundred fifty dollars:

(1) With respect to a minor child: (A) Appoint a temporary guardian, temporary custodian, guardian, coguardian, permanent guardian or statutory parent, (B) remove a guardian, including the appointment of another guardian, (C) reinstate a parent as guardian, (D) terminate parental rights, including the appointment of a guardian or statutory parent, (E) grant visitation, (F) make findings regarding special immigrant juvenile status, (G) approve placement of a child for adoption outside this state, (H) approve an adoption, (I) validate a foreign adoption, (J) review, modify or enforce a cooperative postadoption agreement, (K) review an order concerning contact between an adopted child and his or her siblings, (L) resolve a dispute concerning a standby guardian, (M) approve a plan for voluntary services provided by the Department of Children and Families, (N) determine whether the termination of voluntary services provided by the Department of Children and Families is in accordance with applicable regulations, (O) conduct an in-court review to modify an order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer funds to a custodian under sections 45a-557 to 45a-560b , inclusive, (S) appoint a successor custodian under section 45a-559c , (T) resolve a dispute concerning custodianship under sections 45a-557 to 45a-560b , inclusive, and (U) grant authority to purchase real estate;

(2) Determine parentage;

(3) Validate a genetic surrogacy agreement;

(4) Determine the age and date of birth of an adopted person born outside the United States;

(5) With respect to adoption records: (A) Appoint a guardian ad litem for a biological relative who cannot be located or appears to be incompetent, (B) appeal the refusal of an agency to release information, (C) release medical information when required for treatment, and (D) grant access to an original birth certificate;

(6) Approve an adult adoption;

(7) With respect to a conservatorship: (A) Appoint a temporary conservator, conservator or special limited conservator, (B) change residence, terminate a tenancy or lease, sell or dispose household furnishings, or place in a long-term care facility, (C) determine competency to vote, (D) approve a support allowance for a spouse, (E) grant authority to elect the spousal share, (F) grant authority to purchase real estate, (G) give instructions regarding administration of a joint asset or liability, (H) distribute gifts, (I) grant authority to consent to involuntary medication, (J) determine whether informed consent has been given for voluntary admission to a hospital for psychiatric disabilities, (K) determine life-sustaining medical treatment, (L) transfer to or from another state, (M) modify the conservatorship in connection with a periodic review, (N) excuse accounts under rules of procedure approved by the Supreme Court under section 45a-78 , (O) terminate the conservatorship, and (P) grant a writ of habeas corpus;

(8) With respect to a power of attorney: (A) Compel an account by an agent, (B) review the conduct of an agent, (C) construe the power of attorney, and (D) mandate acceptance of the power of attorney;

(9) Resolve a dispute concerning advance directives or life-sustaining medical treatment when the individual does not have a conservator or guardian;

(10) With respect to an elderly person, as defined in section 17b-450 , or an eligible adult, as defined in section 36b-14 : (A) Enjoin an individual from interfering with the provision of protective services to such elderly person, (B) authorize the Commissioner of Social Services to enter the premises of such elderly person to determine whether such elderly person needs protective services, and (C) release a financial hold or a hold by a broker-dealer or investment advisor pursuant to section 45a-664 ;

(11) With respect to an adult with intellectual disability: (A) Appoint a temporary limited guardian, guardian or standby guardian, (B) grant visitation, (C) determine competency to vote, (D) modify the guardianship in connection with a periodic review, (E) determine life-sustaining medical treatment, (F) approve an involuntary placement, (G) review an involuntary placement, (H) authorize a guardian to manage the finances of such adult, and (I) grant a writ of habeas corpus;

(12) With respect to psychiatric disability: (A) Commit an individual for treatment, (B) issue a warrant for examination of an individual at a general hospital, (C) determine whether there is probable cause to continue an involuntary confinement, (D) review an involuntary confinement for possible release, (E) authorize shock therapy, (F) authorize medication for treatment of psychiatric disability, (G) review the status of an individual under the age of sixteen as a voluntary patient, and (H) recommit an individual under the age of sixteen for further treatment;

(13) With respect to drug or alcohol dependency: (A) Commit an individual for treatment, (B) recommit an individual for further treatment, and (C) terminate an involuntary confinement;

(14) With respect to tuberculosis: (A) Commit an individual for treatment, (B) issue a warrant to enforce an examination order, and (C) terminate an involuntary confinement;

(15) Compel an account by the trustee of an inter vivos trust, custodian under sections 45a-557 to 45a-560b , inclusive, or treasurer of an ecclesiastical society or cemetery association;

(16) With respect to a testamentary or inter vivos trust: (A) Construe, validate, divide, combine, reform, modify or terminate the trust, (B) enforce the provisions of a pet trust, (C) excuse a final account under rules of procedure approved by the Supreme Court under section 45a-78 , and (D) assume jurisdiction of an out-of-state trust;

(17) Authorize a fiduciary to establish a trust;

(18) Appoint a trustee for a missing person;

(19) Issue an order to amend the birth certificate of an individual born in another state to reflect a gender change;

(20) Require the Department of Public Health to issue a delayed birth certificate;

(21) Compel the board of a cemetery association to disclose the minutes of the annual meeting;

(22) Issue an order to protect a grave marker;

(23) Restore rights to purchase, possess and transport firearms;

(24) Issue an order permitting sterilization of an individual;

(25) Approve the transfer of structured settlement payment rights;

(26) With respect to any case in a Probate Court other than a decedent's estate: (A) Compel or approve an action by the fiduciary, (B) give instruction to the fiduciary, (C) authorize a fiduciary to compromise a claim, (D) list, sell or mortgage real property, (E) determine title to property, (F) resolve a dispute between cofiduciaries or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K) reconsider, modify or revoke an order, and (L) decide an action on a probate bond; and

(27) Permit an attorney who has not been admitted as an attorney under the provisions of section 51-80 to appear pro hac vice in a matter in the Probate Court.

(c) The fee to file a petition for custody of the remains of a deceased person in a Probate Court is one hundred fifty dollars, except that the court shall waive the fee if the state is obligated to pay funeral and burial expenses under section 17b-84 or 17b-131 .

(d) The fee for a fiduciary to request the release of funds from a restricted account in a Probate Court is one hundred fifty dollars, except that the court shall waive the fee if the court approves the request without notice and hearing in accordance with the rules of procedure adopted by the Supreme Court under section 45a-78 .

(e) The fee to register a conservator of the person or conservator of the estate order from another state under section 45a-667r or 45a-667s , or to register both types of orders for the same person at the same time, is one hundred fifty dollars.

(f) The fee for mediation conducted by a member of the panel established by the Probate Court Administrator is three hundred fifty dollars per day or part thereof.

(g) The fee to request a continuance in a Probate Court is fifty dollars, plus the actual expenses of rescheduling the hearing that are payable under section 45a-109 , except that the court, for cause shown, may waive either the fifty-dollar fee or the actual expenses of rescheduling the hearing, or both. The fee shall be payable by the party who requests the continuance of a scheduled hearing or whose failure to appear necessitates the continuance.

(h) The fee to file a petition to exercise the decanting power under section 45a-545i is three hundred dollars.

(i) The fee to file an affidavit concerning the possessions and personal effects of a deceased occupant under section 47a-11d is one hundred fifty dollars.

(j) The fee for the issuance of a foreign subpoena pursuant to section 52-657 is one hundred dollars.

(k) Except as provided in subsection (d) of section 45a-111 , fees imposed under this section shall be paid at the time of filing.

(l) If a statute or rule of procedure approved by the Supreme Court under section 45a-78 specifies filings that may be combined into a single motion, petition or application, the fee under this section for the combined filing is the amount equal to the largest of the individual filing fees applicable to the underlying motions, petitions or applications.

(m) No fee shall be charged under this section if exempted or waived under section 45a-111 or any other provision of the general statutes.
Conn. Gen. Stat. § 45a-141 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-141
Sec. 45a-141. (Formerly Sec. 45-35). Substitution of new bond.
Status: in_force

(b) If, upon hearing, the court finds that to grant the application would not prejudice the estate, it may authorize the principal to give a new probate bond, or order him to give a new bond within a time which it may limit. If the principal, having been ordered to give a new bond, fails to do so within the time limited by the court, it may remove him and appoint another in his stead. If the new bond is given to the approval of the court, the surety on the original bond and his representatives shall not be liable for any breach of the bond committed after the court approves the bond.

Annotation to former section 45-35:

A substituted bond covers money received while old bond is in force. 34 C. 112.
Conn. Gen. Stat. § 45a-365 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-365
Sec. 45a-365. (Formerly Sec. 45-230n). Order of payment of claims, expenses and taxes.
Status: in_force

Repair to property of estate can constitute expense of settling the estate only if it is necessary to conserve the overall value of the estate or ordinary and necessary to preserve the property in question. 64 CA 15.
Conn. Gen. Stat. § 45a-130 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-130
Sec. 45a-130. (Formerly Sec. 45-19). Return of compliance with order of court.
Status: in_force

Annotations to former section 45-19:

Cited. 140 C. 594.

Failure to make a return of notice under oath to the Probate Court does not defeat the jurisdiction of the Superior Court to hear an appeal from such decree. 21 CS 352.
Conn. Gen. Stat. § 45a-468 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-468
Sec. 45a-468. Short title: Uniform Transfer on Death Security Registration Act. Construction.
Status: in_force

(b) Sections 45a-468 to 45a-468m , inclusive, and section 45a-369 shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of said sections among states enacting it.

(c) Unless displaced by the particular provisions of sections 45a-468 to 45a-468m , inclusive, and section 45a-369 , the principles of law and equity supplement their provisions.
Conn. Gen. Stat. § 45a-499pp — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499pp
Sec. 45a-499pp. Settlor's powers; powers of withdrawal.
Status: in_force

(b) To the extent a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

(c) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
Conn. Gen. Stat. § 45a-334f — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334f
Sec. 45a-334f. Terms-of-service agreement.
Status: in_force

(b) Sections 45a-334b to 45a-334s , inclusive, do not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under section 45a-334e .
Conn. Gen. Stat. § 45a-277 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-277
Sec. 45a-277. Opening of deceased owner's safe deposit box to access jointly held stocks, bonds, annuities or certificates of deposit. Procedure. Hearing. Fee.
Status: in_force

(b) Upon receipt of the bank officer's return under subsection (a) of this section, the Probate Court may issue a subsequent order authorizing the removal of jointly owned stocks, bonds, annuities or certificates of deposit from the deceased owner's safe deposit box by a person making application to the Probate Court pursuant to subsection (a) of this section. An order issued by the Probate Court under this subsection shall be issued not later than ten days after the date of the receipt of the bank officer's return unless the Probate Court determines that, prior to allowing the removal of jointly owned stocks, bonds, annuities or certificates of deposit by the applicant, it is necessary for the court to provide notice and an opportunity to be heard to the heirs or beneficiaries identified under a will who may claim an ownership interest in property located in the safe deposit box that has been included in the bank officer's return. If the Probate Court determines that it is necessary to conduct a hearing under this subsection, such hearing shall be held not later than thirty days after the date of receipt of the bank officer's return. If the Probate Court issues an order under this subsection authorizing the removal of jointly owned stocks, bonds, annuities or certificates of deposit from the deceased owner's safe deposit box, such order shall require that the safe deposit box be opened in the presence of a bank officer. The bank officer shall make return to the court, identifying the jointly owned stocks, bonds, annuities or certificates of deposit removed from the safe deposit box and the name of the person who removed the items from the safe deposit box. The return of such order to the Probate Court shall be completed by a bank officer not later than ten days after the date of the bank's receipt of the order.

(c) A bank may charge a reasonable fee for the performance of the duties required by this section to the applicant.

See Sec. 45a-284 re opening of safe deposit boxes to search for a will.
Conn. Gen. Stat. § 45a-667j — Connecticut Code / Title 45a / Chapter 802h / Section 45a-667j
Sec. 45a-667j. Temporary conservators. Special jurisdiction.
Status: in_force

(1) Appoint a temporary conservator of the person or a temporary conservator of the estate in an emergency pursuant to subsection (a) of section 45a-654 for a term not exceeding sixty days for a respondent who is physically present in this state; or

(2) Appoint a temporary conservator of the person or a temporary conservator of the estate for a conserved person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to those in section 45a-667p .

(b) If a petition for the appointment of a temporary conservator of the person or a temporary conservator of the estate in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(c) In any proceeding under this section, the court of probate shall hold a hearing, in the manner set forth in section 45a-654 , upon written request of the respondent or person subject to the order in the proceeding.
Conn. Gen. Stat. § 45a-731 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-731
Sec. 45a-731. (Formerly Sec. 45-64a). Effects of final decree of adoption. Surviving rights.
Status: in_force

(1) All rights, duties and other legal consequences of the biological relation of a child and parent shall thereafter exist between the adopted person and the adoptive parent and the relatives of such adoptive parent. Such adopted person shall be treated as if such adopted person were the biological child of the adoptive parent, for all purposes including the applicability of statutes which do not expressly exclude an adopted person in their operation or effect;

(2) The adoptive parent and the adopted person shall have rights of inheritance from and through each other and the biological and adopted relatives of the adoptive parent. The right of inheritance of an adopted person extends to the heirs of such adopted person, and such heirs shall be the same as if such adopted person were the biological child of the adoptive parent;

(3) The adopted person and the biological children and other adopted children of the adoptive parent shall be treated, unless otherwise provided by statute, as siblings, having rights of inheritance from and through each other. Such rights of inheritance extend to the heirs of such adopted person and of the biological children and other adopted children, and such heirs shall be the same as if each such adopted person were the biological child of the adoptive parent;

(4) The adopted person shall, except as hereinafter provided, be treated as if such adopted person were the biological child of the adoptive parent for purposes of the applicability of all documents and instruments, whether executed before or after the adoption decree is issued, which do not expressly exclude an adopted person in their operation or effect. The words “child”, “children”, “issue”, “descendant”, “descendants”, “heir”, “heirs”, “lawful heirs”, “grandchild” and “grandchildren”, when used in any will or trust instrument shall include legally adopted persons unless such document clearly indicates a contrary intention. Nothing in this section shall be construed to alter or modify the provisions of section 45a-257 concerning revocation of a will or codicil when a child is born as the result of artificial insemination;

(5) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724 or subsection (c) or (d) of section 45a-734 , the legal relationship between the adopted person and the adopted person's biological parent or parents and the relatives of such biological parent or parents is terminated for all purposes, including the applicability of statutes which do not expressly include such an adopted person in their operation and effect. The biological parent or parents of the adopted person are relieved of all parental rights and responsibilities;

(6) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724 or subsection (c) or (d) of section 45a-734 , the biological parent or parents and their relatives shall have no rights of inheritance from or through the adopted person, nor shall the adopted person have any rights of inheritance from or through the biological parent or parents of the adopted person and the relatives of such biological parent or parents, except as provided in this section;

(7) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724 or subsection (c) or (d) of section 45a-734 , the legal relationship between the adopted person and the adopted person's biological parent or parents and the relatives of such biological parent or parents is terminated for purposes of the construction of documents and instruments, whether executed before or after the adoption decree is issued, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship, except as provided in this section;

(8) Notwithstanding the provisions of subdivisions (1) to (7), inclusive, of this section, when one of the biological parents of a minor child has died, adoption of such child shall not affect the rights of such child to inherit from or through the deceased parent and the deceased parent's relatives;

(9) Nothing in this section shall deprive an adopted person who is the biological child of a veteran who served in time of war as defined in subsection (a) of section 27-103 of aid under the provisions of section 27-140 or deprive a child receiving benefits under the Social Security Act, 42 USC Sec. 301 et seq., as amended from time to time, from continued receipt of benefits authorized under said act;

(10) Except as provided in subdivision (11) of this section, the provisions of law in force prior to October 1, 1959, affected by the provisions of this section shall apply to the estates or wills of persons dying prior to said date and to inter vivos instruments executed prior to said date and which on said date were not subject to the grantor's power to revoke or amend;

(11) The provisions of subdivisions (1) to (9), inclusive, of this section shall apply to the estate or wills of persons dying prior to October 1, 1959, and to inter vivos instruments executed prior to said date and which on said date were not subject to the grantor's power to revoke or amend, unless (A) a contrary intention of the testator or grantor is demonstrated by clear and convincing evidence, or (B) distribution of the estate or under the will or under the inter vivos instrument has been or will be made pursuant to court order entered prior to October 1, 1991;

(12) No fiduciary, distributee of the estate or person to whom a legacy has been paid shall be liable to any other person for any action taken or benefit received prior to October 1, 1991, provided any such action was taken or benefit was received in good faith by such fiduciary, distributee or legatee with respect to the applicability of statutes concerning the rights of inheritance or rights to take of adopted persons under any instrument executed prior to October 1, 1959;

(13) No fiduciary shall have the obligation to determine the rights of inheritance or rights to take of an adopted person under an instrument executed prior to October 1, 1959, unless the fiduciary receives a written claim for benefits by or on behalf of such adopted person.

Annotations to former section 45-64a:

Cited. 204 C. 450. Public policy reflected in this section and Secs. 45-61b(g) and 45-63 does not forbid agreement about visitation rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407. Cited. 212 C. 678. Term “issue” in Subdiv. (4) discussed. 213 C. 573. Cited. 217 C. 260.

Cited. 41 CS 23.

Annotation to current section:

Subdiv. (11): In the context of the entire statute, Subdiv. evinces a clear legislative intent that adopted persons are to be presumptively treated the same as biological children for purposes of inheritance under estates or wills of persons dying prior to October 1, 1959; given the nature of a testamentary trust, Subpara. (B) applies only to trust distributions made or approved to be made pursuant to court order entered prior to October 1, 1991. 225 CA 280.
Conn. Gen. Stat. § 45a-708 — Connecticut Code / Title 45a / Chapter 803 / Section 45a-708
Sec. 45a-708. (Formerly Sec. 45-61e). Guardian ad litem for minor or incompetent parent.
Status: in_force

(b) The guardian ad litem may be allowed reasonable compensation by the court appointing him which shall be assessed against the petitioner.

(c) If the court finds the petitioner is unable to pay the compensation, the reasonable compensation shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such compensation, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

Annotations to former section 45-61e:

Cited. 182 C. 545.

Cited. 21 CA 226.

Annotations to present section:

Cited. 223 C. 557.

Cited. 25 CA 741.
Conn. Gen. Stat. § 45a-297 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-297
Sec. 45a-297. (Formerly Sec. 45-188). Procedure if will is found after partial settlement.
Status: in_force

Annotations to former section 45-188:

Cited. 114 C. 545. Administrator removed upon admission of will has no interest entitling him to appeal. 117 C. 201. Probate decree admitting will to probate and granting administration c.t.a. implicitly revoked and terminated the prior intestate administration of plaintiff. 167 C. 396.
Conn. Gen. Stat. § 45a-542d — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542d
Sec. 45a-542d. Determination and distribution of income interest of decedent's estate or in trust after trust ends.
Status: in_force

(1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary under the rules in sections 45a-542f to 45a-542cc , inclusive, which apply to trustees and the rules in subdivision (5) of this section. The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property.

(2) A fiduciary shall determine the remaining net income of a decedent's estate or a terminating income interest under the rules in sections 45a-542f to 45a-542cc , inclusive, which apply to trustees and by:

(A) Including in net income all income from property used to discharge liabilities;

(B) Paying from income or principal, in the fiduciary's discretion, fees of attorneys, accountants and fiduciaries; court costs and other expenses of administration; and interest on death taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the reduction or loss of the deduction; and

(C) Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust or applicable law.

(3) A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright the interest or any other amount provided by the will, the terms of the trust or this subdivision from net income determined under subdivision (2) of this section or from principal to the extent that net income is insufficient. Unless a will or trust waives such interest or provides for its calculation in a different amount or manner, a pecuniary amount payable outright shall bear simple interest in the amount of six per cent per year, beginning one year after the date of death in the case of pecuniary amounts payable under a will, or one year after the day the income interest ends in the case of pecuniary amounts payable from a trust after an income interest ends, and ending on the day the pecuniary amount is paid.

(4) A fiduciary shall distribute the net income remaining after distributions required by subdivision (3) of this section in the manner described in section 45a-542e to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust.

(5) A fiduciary may not reduce principal or income receipts from property described in subdivision (1) of this section because of a payment described in sections 45a-542x and 45a-542y to the extent that the will, the terms of the trust or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on, or after the date of a decedent's death or an income interest's terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed.
Conn. Gen. Stat. § 45a-545k — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545k
Sec. 45a-545k. Decanting power under expanded distributive discretion.
Status: in_force

(b) Subject to section 45a-545m , in an exercise of the decanting power under this section, a second trust may not: (1) Include as a current beneficiary a person who is not a current beneficiary of the first trust, except as provided in subsection (d) of this section; (2) include as a presumptive remainder beneficiary or successor beneficiary a person who is not a current beneficiary, presumptive remainder beneficiary or successor beneficiary of the first trust, except as provided in subsection (c) of this section; or (3) reduce or eliminate a vested interest.

(c) Subject to subdivision (3) of subsection (b) of this section and section 45a-545n , in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may: (1) Reduce or eliminate the interest of any current beneficiary, presumptive remainder beneficiary or successor beneficiary in the first trust, other than a vested interest; (2) retain a power of appointment granted in the first trust; (3) omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment; (4) create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and (5) create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary.

(d) A power of appointment described in subdivisions (2) to (5), inclusive, of subsection (c) of this section, may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust.

(e) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has expanded distributive discretion.
Conn. Gen. Stat. § 45a-489 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-489
Sec. 45a-489. Title and beneficial interest in property held in trust not merged nor trust invalidated, when.
Status: in_force

(b) This section shall be applicable to all trusts whether created before, on or after October 1, 1999. Nothing in this section shall be construed to invalidate any trust created prior to October 1, 1999.
Conn. Gen. Stat. § 45a-542f — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542f
Sec. 45a-542f. Right to income.
Status: in_force

(b) An asset becomes subject to a trust:

(1) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life;

(2) On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or

(3) On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death.

(c) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (d) of this section even if there is an intervening period of administration to wind up the preceding income interest.

(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.
Conn. Gen. Stat. § 45a-166 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-166
Sec. 45a-166. (Formerly Sec. 45-241). Public or private sale of real property. Distribution of proceeds. Validation of sale.
Status: in_force

(b) The net proceeds of the sale shall be divided or distributed in the same manner as such real property would have been divided or distributed if it had not been sold.

(c) If a court of probate fails to direct whether the sale is to be public or private as required by subsection (a) of this section and authorizes a sale to be either public or private subject to the discretion of the fiduciary, a sale conducted pursuant to that order is as valid as if the court had not failed to direct whether the sale is to be public or private.

Annotations to former section 45-241:

Probate Court ordered a public sale of real estate of an estate “by sealed bids to be received by the court”; held not a public sale; a public sale is one made at auction to highest bidder; order of court was void. 135 C. 20. Only persons affected by an order approving the sale of property constituting an asset of an estate are those to whom the estate will be distributed or creditors, if the estate is insolvent. 142 C. 379. Cited. 186 C. 360.

Cited. 4 CA 436; 20 CA 58.

Annotations to present section:

Subsec. (a):

Cited. 24 CA 582. Probate Court not required to hold public hearing to give potential bidders an opportunity to comment on bidding procedure. 66 CA 591.
Conn. Gen. Stat. § 45a-670 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-670
Sec. 45a-670. (Formerly Sec. 45-322). Petition for guardianship.
Status: in_force

(b) A petition for guardianship may be filed by the parent or guardian of a minor child up to one hundred eighty days prior to the date such child attains the age of eighteen if the parent or guardian anticipates that such minor child will require a guardian upon attaining the age of eighteen. The court may grant such petition in accordance with this section, provided such order shall take effect no earlier than the date the child attains the age of eighteen.

(c) All records of cases related to guardianship under sections 45a-669 to 45a-683 , inclusive, shall be confidential and shall not be open to public inspection by or disclosed to any person, except that (1) such records shall be available to (A) the parties in any such case and their counsel, (B) the Department of Developmental Services, and (C) the Office of the Probate Court Administrator; (2) if the court appoints a guardian, the names of the guardian and the protected person shall be public; and (3) the court may, after hearing with notice to the respondent, the respondent's counsel, the guardian and the Department of Developmental Services, permit records to be disclosed for cause shown.

Annotation to former section 45-322:

Cited. 9 CA 413.

Annotation to present section:

Cited. 240 C. 766.
Conn. Gen. Stat. § 45a-507 — Connecticut Code / Title 45a / Chapter 802c / Section 45a-507
Sec. 45a-507. (Formerly Sec. 45-99). Application of rule.
Status: in_force

Annotation to former section 45-99:

Application of “second look” doctrine. 174 C. 616.
Conn. Gen. Stat. § 45a-267 — Connecticut Code / Title 45a / Chapter 802a / Section 45a-267
Sec. 45a-267. (Formerly Sec. 45-184). Bequest of perishable property for life or years.
Status: in_force

Annotations to former section 45-184:

Cited. 63 C. 309. Farming tools are consumable by use. 113 C. 272. Cited. 129 C. 352.
Conn. Gen. Stat. § 45a-257b — Connecticut Code / Title 45a / Chapter 802a / Section 45a-257b
Sec. 45a-257b. Failure of testator to provide for children born or adopted after execution of will. Determination of share of estate.
Status: in_force

(1) If the testator had no child living when the testator executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised or bequeathed all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

(2) If the testator had one or more children living when the testator executed the will, and the will devised or bequeathed property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows:

(A) Except as provided in subparagraph (E) of this subdivision, the portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises and legacies made to the testator's then-living children under the will.

(B) The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in subparagraph (A) of this subdivision, that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises and legacies were made under the will and had given an equal share of the estate to each child.

(C) To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section must be of the same character, whether equitable or legal, present or future, as that devised or bequeathed to the testator's then-living children under the will.

(D) In satisfying a share provided by this subdivision, devises and legacies to the testator's children who were living when the will was executed abate ratably. In the abatement of the devises and legacies of the then-living children, to the maximum extent possible the character of the testamentary plan adopted by the testator shall be preserved.

(E) If it appears from the will that the intention of the testator was to make a limited provision which specifically applied only to the testator's living children at the time the will was executed, the after-born or after-adopted child succeeds to the portion of such testator's estate as would have passed to such child had the testator died intestate.

(b) The provisions of subsection (a) of this section shall not apply if:

(1) It appears from the will that the omission was intentional; or

(2) The testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(c) If at the time of execution of the will the testator fails to provide in the will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.

(d) In satisfying a share provided in subdivision (1) of subsection (b) of this section, devises and legacies made by the will abate in accordance with section 45a-426 .
Conn. Gen. Stat. § 45a-559c — Connecticut Code / Title 45a / Chapter 802d / Section 45a-559c
Sec. 45a-559c. Renunciation, resignation, death or removal of custodian. Designation of successor custodian.
Status: in_force

(b) A custodian at any time may designate a trust company or an adult other than a transferor under section 45a-558a as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.

(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of twelve years and to the successor custodian and by delivering the custodial property to the successor custodian.

(d) If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor has attained the age of twelve years, the minor may designate as successor custodian, in the manner prescribed in subsection (b) of this section, an adult member of the minor's family, a guardian of the minor or a trust company. If the minor has not attained the age of twelve years or fails to act within sixty days after the ineligibility, death or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family or any other interested person may petition the court to designate a successor custodian.

(e) A custodian who declines to serve under subsection (a) of this section or resigns under subsection (c) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action in a probate court may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

(f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the guardian of the minor or the minor if the minor has attained the age of twelve years may petition the court to remove the custodian under section 45a-242 and to designate a successor custodian other than a transferor under section 45a-558a or to require the custodian to give appropriate bond.

Placing the burden of proof on the party who seeks the removal of the custodian of a Connecticut Uniform Transfers to Minors Act account is consistent with the rule that removal is an extraordinary remedy, and the court improperly placed the burden of proof on the plaintiff custodian. 207 CA 433.
Conn. Gen. Stat. § 45a-785 — Connecticut Code / Title 45a / Chapter 803a / Section 45a-785
Sec. 45a-785. Property rights of child of decedent conceived and born after death of decedent. Written document re posthumous conception of child. Probate Court jurisdiction.
Status: in_force

(1) The decedent executed a written document that: (A) Specifically set forth that his sperm or her eggs may be used for the posthumous conception of a child, (B) specifically provided his or her spouse with authority to exercise custody, control and use of the sperm or eggs in the event of his or her death, and (C) was signed and dated by the decedent and the surviving spouse; and

(2) The child posthumously conceived using the decedent's sperm or eggs was in utero not later than one year after the date of death of the decedent spouse.

(b) The surviving spouse of a decedent who has executed a document described in subsection (a) of this section shall provide a copy of such document to (1) the fiduciary of the decedent's estate, if a Probate Court has admitted the decedent's will to probate or granted administration of the decedent's estate, or (2) the person filing an affidavit or statement in lieu of administration, if the estate is being settled under section 45a-273 , not later than thirty days after the date of the decedent's death, appointment of a first fiduciary, or filing of an affidavit or statement in lieu of administration, whichever is latest. Not later than thirty days after the date of receipt of such document, the fiduciary of the decedent's estate or person filing an affidavit or statement in lieu of administration shall provide written notification of the existence of such document to the court. In the absence of being in possession of a document described in subsection (a) of this section, if the fiduciary of the decedent's estate or person filing an affidavit or statement in lieu of administration has actual knowledge that the decedent, during his or her lifetime, preserved sperm or eggs, or executed a document described in subsection (a) of this section, such fiduciary or person shall provide written notification to the court. The failure of a surviving spouse, fiduciary or person filing an affidavit or statement in lieu of administration to comply with the notice requirements prescribed in this subsection shall not impair a child's right to property under subsection (a) of this section.

(c) Except as provided in section 45a-787 , the Probate Court having jurisdiction of the estate of the decedent, or if no probate proceedings have been commenced, the Probate Court for the district in which the decedent was domiciled at the time of death, shall have jurisdiction over any dispute relating to the rights to property of a child conceived and born after the death of a decedent, whether or not the property is part of the probate estate. A child or person acting on behalf of a child who claims rights to the property of a decedent under subsection (a) of this section shall prove such claim by clear and convincing evidence.
Conn. Gen. Stat. § 45a-500o — Connecticut Code / Title 45a / Chapter 802c / Section 45a-500o
Sec. 45a-500o. Jurisdiction over trust director.
Status: in_force

(b) This section does not preclude other methods of obtaining jurisdiction over a trust director.
Conn. Gen. Stat. § 45a-499e — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499e
Sec. 45a-499e. Default and mandatory rules.
Status: in_force

(b) The terms of a trust prevail over each provision of sections 45a-499a to 45a-500s , inclusive, except: (1) The requirements for creating a trust; (2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust; (3) the requirement of section 45a-499y that a trust have a purpose that is lawful and not contrary to public policy; (4) the power of the court to modify or terminate a trust under sections 45a-499ee to 45a-499kk , inclusive; (5) the power of the court under section 45a-499ss to require, dispense with, modify or terminate a bond; (6) the power of the court under section 45a-499yy to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high; (7) the duty under subdivisions (2) and (3) of subsection (b) of section 45a-499kkk to notify each qualified beneficiary of an irrevocable trust who has attained twenty-five years of age, or the designated representative of the qualified beneficiary, if any, of the existence of the trust, of the identity of the trustee, and of the right of the qualified beneficiary to request a trustee's report; (8) the duty under subsections (a) and (c) of section 45a-499kkk to respond to the request of a qualified beneficiary of an irrevocable trust or the designated representative of the qualified beneficiary, if any, for a trustee's report and other information reasonably related to the administration of a trust; (9) the effect of an exculpatory term under section 45a-499uuu ; (10) the rights under sections 45a-499www to 45a-499zzz , inclusive, of a person other than a trustee or beneficiary; (11) periods of limitation for commencing a judicial proceeding; (12) the power of the court to take the action and exercise the jurisdiction necessary in the interests of justice; (13) the jurisdiction of the court as provided in sections 45a-499o and 45a-499p ; and (14) the provisions of sections 45a-499a to 45a-500d , inclusive, dealing with judicial supervision of testamentary trusts.
Conn. Gen. Stat. § 45a-180 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-180
Sec. 45a-180. (Formerly Sec. 45-271). Settlement of account of deceased fiduciary.
Status: in_force

Annotations to former section 45-271:

Conclusiveness of orders allowing accounts. 74 C. 218; 77 C. 70; 85 C. 279. Acceptance of account showing departure from terms of trust does not justify further departures. 79 C. 555. If item omitted, acceptance of account not adjudication that it should not be included. 82 C. 33. Allowance of account filed by executor or administrator of deceased trustee, if not appealed from, is determination of rights as between trustee and his estate and beneficiaries. 124 C. 422. Accounts filed on behalf of deceased life tenant, discussed. Id., 423.

Cited. 12 CS 394. Final accounting must be in the probate court which appointed the guardian. 14 CS 11.
Conn. Gen. Stat. § 45a-8a — Connecticut Code / Title 45a / Chapter 801 / Section 45a-8a
Sec. 45a-8a. Regional Children's Probate Courts.
Status: in_force

(b) The Probate Court Administrator may establish seven Regional Children's Probate Courts in regions designated by the Probate Court Administrator. In establishing such courts, the Probate Court Administrator shall consult with the probate judges of the districts located in each designated region, each of whom may participate on a voluntary basis.

(c) The Probate Court Administrator may establish a Regional Children's Probate Court under this section in (1) any existing Probate Court facility within a district located in a region, or (2) a separate facility located in a region as may be designated by the Probate Court Administrator. Each Regional Children's Probate Court shall be established and operated with the advice of the participating probate judges of such districts and the administrative judge appointed under subsection (f) of this section. Such participating probate judges and administrative judge shall serve as the judges of the Regional Children's Probate Court, except as provided in subdivision (1) of subsection (f) of this section. Such judges shall hear and determine all children's matters as may come before them on a docket separate from other probate matters.

(d) (1) For the purposes of this section, the Probate Court Administrator may, subject to the provisions of section 45a-84 , expend from the Probate Court Administration Fund established under section 45a-82 such amounts as the Probate Court Administrator may deem reasonable and necessary for the establishment, improvement and maintenance of court facilities located in each such designated region and for the operation of each Regional Children's Probate Court.

(2) Nothing in this section shall be construed to relieve any town of its obligation to provide and maintain court facilities pursuant to section 45a-8 .

(e) The Probate Court Administrator may, subject to the provisions of section 45a-84 , expend moneys from the Probate Court Administration Fund to reimburse participating towns or cities for any costs of leasing office space for a Regional Children's Probate Court, and any necessary improvements thereto, and for expenses under subsection (f) of this section.

(f) (1) The Probate Court Administrator, with the advice of the participating probate judges of the districts located in the designated region, shall appoint an administrative judge for each Regional Children's Probate Court. The administrative judge shall be a probate judge at the time of such appointment. If the administrative judge ceases to serve as a probate judge after such appointment, the administrative judge may continue to serve as administrative judge at the pleasure of the Probate Court Administrator, but shall not have the powers granted to an elected probate judge and shall not hear and determine children's matters before such Regional Children's Probate Court. Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of the administrative judge and such compensation shall be paid from the Probate Court Administration Fund. Such compensation, together with the administrative judge's compensation as a probate judge of the district to which he or she was elected, shall not exceed the compensation provided for a judge of probate under subdivision (4) of subsection (a) of section 45a-95a . The administrative judge shall have such benefits as may inure to him or her as a probate judge and shall receive no additional benefits, except for compensation provided under this section and retirement benefits calculated in accordance with sections 45a-34 to 45a-54 , inclusive.

(2) Each administrative judge shall be responsible for the management of cases, coordination of social services, staff, financial management and record keeping for the Regional Children's Probate Court for which the administrative judge is appointed. The administrative judge may, with the approval of the Probate Court Administrator, purchase furniture, office supplies, computers and other equipment and contract for services that the administrative judge may deem necessary or advisable for the expeditious conduct of the business of the Regional Children's Probate Court.

(g) Each administrative judge for a Regional Children's Probate Court may, if authorized by the Probate Court Budget Committee under section 45a-85 , employ such persons as may be required for the efficient operation of the Regional Children's Probate Court. Such employees shall be employees of the Regional Children's Probate Court and shall be entitled to the benefits of Probate Court employees under this chapter. Such employees shall not be deemed to be state employees.

(h) Any Probate Court within a region designated under subsection (b) of this section may transfer children's matters to the Regional Children's Probate Court for such region. Any Regional Children's Probate Court may accept transfers and referrals of children's matters from Probate Courts within its region.

(i) Each Regional Children's Probate Court shall be considered a Probate Court for the purposes of this chapter.

(j) The Probate Court Administrator shall establish policies and procedures to implement the provisions of this section.
Conn. Gen. Stat. § 45a-629 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-629
Sec. 45a-629. (Formerly Sec. 45-47). Appointment of guardian for minor's estate.
Status: in_force

(b) If the court finds that there is no guardian of the estate of the minor, it may appoint one or both of the parents or any guardian of the person of the minor to be guardian of his or her estate. If neither parent nor the guardian of the person of the minor will accept the appointment, or if the parents or guardian of the person of the minor are not proper persons to act as guardian of his or her estate, the court may appoint any proper person or persons chosen by the minor if the minor is twelve years of age or over. If the minor neglects to make choice or fails to choose a proper person or persons or is not of sufficient age, the court of probate shall appoint some proper person or persons, who, as guardian of the estate of the minor, shall have charge of all the minor's property, whether acquired before or after the guardian's appointment, but shall have no control over such minor's person. If any minor who has a guardian marries and owns or thereafter acquires property, the guardianship of such property shall continue during such person's minority. Any guardian so appointed shall give a probate bond.

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

Annotations to former section 45-47:

Cited. 94 C. 649. Must be appointment of guardian of estate if minor is to be paid a sum in excess of one hundred dollars. 99 C. 179. Cited. 100 C. 55.

Cited. 20 CS 262.

Annotations to present section:

Subsec. (a): A September 11th Victim Compensation Fund award paid directly to a representative payee for the benefit of her minor child is not property to which the minor child is entitled or property belonging to the minor child within the meaning of Subsec. 331 C. 385.

Cited. 33 CA 673. Section contains no restriction tying the residency required to the date of application for the guardianship. 175 CA 80; judgment reversed, see 331 C. 385.
Conn. Gen. Stat. § 45a-37 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-37
Sec. 45a-37. (Formerly Sec. 45-29d). Retirement date.
Status: in_force

(b) Any employee who has attained the age of seventy years shall be retired on the first day of the month following the attainment of that age, except that any employee, at his request and with the approval of the judge of the probate court, may be retained in the employ of the probate court without further assessment for pension benefits under section 45a-44 ; provided such person shall receive no pension payments during the period in which he is so retained and his credited service shall not be increased by such employment beyond the age of seventy.
Conn. Gen. Stat. § 45a-379 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-379
Sec. 45a-379. (Formerly Sec. 45-230gg). Creditor having secured claim. Determination of value of security.
Status: in_force

(b) The fiduciary shall determine the fair market value of any security held by a creditor submitting a claim and shall give such creditor and the Court of Probate notice of the value and how such value was determined. Such creditor may, within thirty days from the date of such notice, file in the Court of Probate an objection to the fiduciary's valuation, and the court of probate shall, within thirty days from and including the date on which such objection was received by the Court of Probate, hold a hearing, after notice, on such valuation and shall enter an order establishing the value of such security.
Conn. Gen. Stat. § 45a-165 — Connecticut Code / Title 45a / Chapter 801b / Section 45a-165
Sec. 45a-165. (Formerly Sec. 45-243). Sale or mortgage of real property by successor to original appointee or survivor of appointees.
Status: in_force

(b) The court may likewise, upon similar application, authorize the survivor or survivors, as the case may be, of two or more executors, administrators, trustees, conservators or guardians to sell or mortgage any real property that the original fiduciaries were authorized to sell or mortgage upon giving such probate bond, if any, and upon such further notice, if any, as the court orders.
Conn. Gen. Stat. § 45a-542bb — Connecticut Code / Title 45a / Chapter 802c / Section 45a-542bb
Sec. 45a-542bb. Income taxes.
Status: in_force

(b) A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

(c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income must be paid:

(1) From income to the extent that receipts from the entity are allocated only to income;

(2) From principal to the extent that receipts from the entity are allocated only to principal;

(3) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(4) From principal to the extent that the tax exceeds the total receipts from the entity.

(d) After applying subsections (a) to (c), inclusive, of this section, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.
Conn. Gen. Stat. § 45a-499cc — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499cc
Sec. 45a-499cc. Noncharitable trust without ascertainable beneficiary.
Status: in_force

(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than ninety years. The ninety-year period specified in this subdivision applies only to trusts that become irrevocable on or after January 1, 2020.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court.

(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to (A) the settlor, if then living; or (B) if the settlor is not living, to the settlor's successors in interest.
Conn. Gen. Stat. § 45a-545l — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545l
Sec. 45a-545l. Decanting power under limited distributive discretion.
Status: in_force

(b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(c) In an exercise of the decanting power under this section, a second trust may not: (1) Have different current beneficiaries, presumptive remainder beneficiaries or successor beneficiaries from the first trust; (2) modify the limited distributive discretion standard from the first trust, except as provided in subsection (d) of this section; (3) modify a power of appointment granted in the first trust; or (4) reduce or eliminate a vested interest.

(d) Subject to subdivision (4) of subsection (c) of this section and section 45a-545n , in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and if the second trust extends the term of the first trust in accordance with section 45a-545t , the second trust may, with respect to any period after the first trust would have otherwise terminated under the provisions of the first trust, modify the limited distributive discretion standard in the first trust including to expanded distributive discretion standard.

(e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
Conn. Gen. Stat. § 45a-447 — Connecticut Code / Title 45a / Chapter 802b / Section 45a-447
Sec. 45a-447. (Formerly Sec. 45-279). Person adjudged guilty of certain crimes or found not guilty by reason of mental disease or defect ineligible to inherit from or receive property or insurance or annuity proceeds as beneficiary of victim. Action in Superior Court re guilt. Petition to override prohibitions.
Status: in_force

(2) With respect to inheritance under the will of the deceased victim, or rights to property as heir, devisee, legatee or beneficiary of the deceased victim, the person whose participation in the estate of another or whose right to property as such heir, devisee, legatee or beneficiary is so prevented under the provisions of this section shall be considered to have predeceased the deceased victim.

(3) With respect to real property owned in joint tenancy with rights of survivorship with the deceased victim, such final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall be a severance of the joint tenancy and shall convert the joint tenancy into a tenancy in common as to the deceased victim and the person so adjudged or found, but not as to any remaining joint tenant or tenants. Such severance shall be effective as of the time such adjudication or finding becomes final. When such jointly owned property is real property, a certified copy of the final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall be recorded by the fiduciary of the deceased victim's estate, or may be recorded by any other interested party in the land records of the town where such real property is situated.

(4) With respect to personal property owned in joint tenancy with rights of survivorship with the deceased victim, such final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall convert the personal property to property owned solely by the deceased victim except to the extent that the adjudged guilty person or person found not guilty by reason of mental disease or defect can prove by a preponderance of the evidence such person's financial contributions to such property.

(b) In all other cases where a defendant has been convicted under section 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-122 , 53a-123 or 53a-321 , the right of such adjudged guilty person or person found not guilty by reason of mental disease or defect to inherit or take any part of the estate of the deceased victim or to inherit or take any estate as to which the death of such deceased victim terminated an intermediate estate, or hastened the time of enjoyment, or to take any property as beneficiary or survivor of the deceased victim shall be determined by the common law, including equity.

(c) (1) A named beneficiary of a life insurance policy or annuity who intentionally causes the death of the person upon whose life the policy is issued or the annuitant, or who is finally adjudged guilty under section 53a-122 , 53a-123 or 53a-321 , is not entitled to any benefit under the policy or annuity, and the policy or annuity becomes payable as though such beneficiary had predeceased the deceased victim.

(2) (A) A conviction or a finding of not guilty by reason of mental disease or defect under section 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-122 , 53a-123 or 53a-321 , or a determination pursuant to subparagraph (B) of this subdivision that a named beneficiary would have been found guilty under any of said sections had the named beneficiary survived, or would have been found not guilty by reason of mental disease or defect had the named beneficiary survived, shall be conclusive for the purposes of this subsection.

(B) For the purposes of this subsection, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that a named beneficiary who has predeceased the interested person would have been found guilty under section 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-122 , 53a-123 or 53a-321 , or would have been found not guilty by reason of mental disease or defect under any of said sections, had the named beneficiary survived.

(C) In the absence of such a conviction, finding or determination, the Superior Court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity.

(D) In any proceeding brought under this subsection, the burden of proof shall be on the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity.

(3) Any insurance company that makes payment according to the terms of its policy or annuity is not liable for any additional payment by reason of this section unless the insurance company has received at its home office or principal address written notice of a claim under this section prior to such payment.

(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, the Superior Court may allow a defendant adjudged guilty under section 53a-122 , 53a-123 or 53a-321 , or found not guilty by reason of mental disease or defect under any of said sections, to petition a court in equity to override the prohibitions on inheritance or other benefit to the adjudged guilty person under such sections if the court shall determine that overriding such prohibitions would fulfill the intent of the deceased victim or that application of such prohibitions would be grossly inequitable under all of the circumstances, which could include, without limitation, restitution or other substantial benefit provided to the deceased victim during the deceased victim's lifetime or express forgiveness by the deceased victim. The burden of proof shall be on the petitioner.

Annotations to former section 45-279:

Does not preclude a felonious killer of his benefactor from succeeding to her property, whether by will or under the succession statute, unless he has been convicted of either first or second degree murder. 139 C. 491. Cited. 211 C. 121.

Murder does not include manslaughter. 17 CS 373.
Conn. Gen. Stat. § 45a-499xxx — Connecticut Code / Title 45a / Chapter 802c / Section 45a-499xxx
Sec. 45a-499xxx. Interest as general partner.
Status: in_force

(b) Except as otherwise provided in subsection (c) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.

(c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings or parents, or the spouse of any of them.

(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
Conn. Gen. Stat. § 45a-545b — Connecticut Code / Title 45a / Chapter 802c / Section 45a-545b
Sec. 45a-545b. Definitions.
Status: in_force

(1) “Appointive property” means the property or property interest subject to a power of appointment.

(2) “Ascertainable standard” has the same meaning as provided in section 45a-499c .

(3) “Authorized fiduciary” means: (A) A trustee or other fiduciary, other than a settlor or a beneficiary, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries; (B) a special fiduciary appointed under section 45a-545i ; or (C) a special-needs fiduciary described under section 45a-545m .

(4) “Beneficiary” means a person that: (A) Is a “beneficiary” as defined in section 45a-499c ; or (B) is an identified charitable organization that will or may receive distributions under the terms of the trust.

(5) “Charitable interest” means an interest in a trust that: (A) Is held by an identified charitable organization and makes the organization a qualified beneficiary; (B) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or (C) is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary.

(6) “Charitable organization” means: (A) A person, other than an individual, organized and operated exclusively for charitable purposes; or (B) a government or governmental subdivision, agency or instrumentality, to the extent it holds funds exclusively for a charitable purpose.

(7) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose or another purpose the achievement of which is beneficial to the community and consistent with the provisions of sections 45a-499z , 45a-514 and 47-2 .

(8) “Court” has the same meaning as provided in section 45a-499c .

(9) “Current beneficiary” has the same meaning as provided in section 45a-499c . “Current beneficiary” includes the holder of a presently exercisable general power of appointment but does not include a person that is a beneficiary only because the person holds any other power of appointment.

(10) “Decanting power” means the power of an authorized fiduciary under this section and sections 45a-545c to 45a-545cc , inclusive, to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust.

(11) “Expanded distributive discretion” means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard.

(12) “First trust” means a trust over which an authorized fiduciary may exercise the decanting power.

(13) “First-trust instrument” means the trust instrument for a first trust.

(14) “General power of appointment” means a power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder or a creditor of the powerholder's estate.

(15) “Jurisdiction” has the same meaning as provided in section 45a-499c .

(16) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. “Noncontingent right” does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary's estate.

(17) “Person” has the same meaning as provided in section 45a-499c .

(18) “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. “Power of appointment” does not include a power of attorney.

(19) “Powerholder” means a person in which a donor creates a power of appointment.

(20) “Presently exercisable power of appointment” means a power of appointment exercisable by the powerholder at the relevant time. “Presently exercisable power of appointment”: (A) Includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified time only after the: (i) Occurrence of the specified event; (ii) satisfaction of the ascertainable standard; or (iii) passage of the specified time; and (B) does not include a power exercisable only at the powerholder's death.

(21) “Qualified beneficiary” has the same meaning as provided in section 45a-499c .

(22) “Presumptive remainder beneficiary” means a qualified beneficiary other than a current beneficiary.

(23) “Reasonably definite standard” means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of Section 674(b)(5)(A) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations thereunder.

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

(25) “Second trust” means: (A) A first trust after modification under this section and sections 45a-545c to 45a-545cc , inclusive; or (B) a trust to which a distribution of property from a first trust is or may be made under this section and sections 45a-545c to 45a-545cc , inclusive.

(26) “Second-trust instrument” means the trust instrument for a second trust.

(27) “Settlor” has the same meaning as provided in section 45a-499c , except as otherwise provided in section 45a-545y .

(28) “Sign” means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic symbol, sound or process.

(29) “State” has the same meaning as provided in section 45a-499c .

(30) “Successor beneficiary” means a beneficiary that is not a qualified beneficiary on the date the beneficiary's qualification is determined. “Successor beneficiary” does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment.

(31) “Terms of the trust” has the same meaning as provided in section 45a-499c .

(32) “Testamentary trust” has the same meaning as provided in section 45a-499c .

(33) “Trust director” has the same meaning as provided in section 45a-499c .

(34) “Trust instrument” means a record executed by the settlor to create a trust or by any person to create a second trust that contains some or all of the terms of the trust, including any amendments.

(35) “Vested interest” means a: (A) Right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power; (B) current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount or a percentage of value of some or all of the trust property; (C) current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount or a percentage of value of some or all of the trust property; (D) presently exercisable general power of appointment; or (E) right to receive an ascertainable part of the trust property on the trust's termination that is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur.
Conn. Gen. Stat. § 45a-558b — Connecticut Code / Title 45a / Chapter 802d / Section 45a-558b
Sec. 45a-558b. Transfer authorized by will or trust.
Status: in_force

(b) If the testator or settlor has nominated a custodian under section 45a-558 to receive the custodial property, the transfer shall be made to that person.

(c) If the testator or settlor has not nominated a custodian under section 45a-558 , or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of section 45a-558f .
Conn. Gen. Stat. § 45a-596 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-596
Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents.
Status: in_force

(b) The ward of such a guardian may, when he or she is over the age of twelve, apply to the court of probate in which such ward resides, for the substitution of a guardian or coguardians of the person to supersede the appointed guardian. The court of probate may, upon such application and hearing, substitute the guardian or coguardians chosen by the ward to be the guardian or coguardians of the person of the ward after consideration of the standards set forth in section 45a-617 .

(c) A parental appointment becomes effective when the guardian's written acceptance is filed in the court in which the nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court for the probate district where the minor resides. Any guardian or coguardians appointed pursuant to this section shall receive the appointment subject to the control of the court of probate and subject to the provisions and restrictions to which the last surviving parent, as guardian, was subject at the time of such parent's decease. If the court deems it necessary for the protection of the minor, a guardian or coguardians of the person shall furnish a probate bond. A guardian or coguardians of the estate shall furnish a probate bond. Upon such acceptance of guardianship or furnishing such bond, the guardian or coguardians shall have the same power over the person and estate of such minor as guardians appointed by the court of probate.

Presumption that it is in child's best interest to allow a testamentary guardian named pursuant to section to serve as such is rebuttable by demonstrating, by a fair preponderance of the evidence, that it would be detrimental to the child to permit testamentary guardian to serve as such, and that detriment may be shown not just by demonstrating guardian's unfitness, but by demonstrating considerations that would be damaging, injurious or harmful to the child. 260 C. 182.

Section to be interpreted as mandating the appointment of sole surviving parent's testamentary choice of a guardian; presumption that best interests of child served by the appointment may be rebutted only by showing such appointment would be detrimental to the child. 24 CA 402.
Conn. Gen. Stat. § 45a-334j — Connecticut Code / Title 45a / Chapter 802b / Section 45a-334j
Sec. 45a-334j. Disclosure of content of electronic communications of principal.
Status: in_force

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

(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) If requested by the custodian:

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

(B) Evidence linking the account to the principal.
Conn. Gen. Stat. § 45a-603 — Connecticut Code / Title 45a / Chapter 802h / Section 45a-603
Sec. 45a-603. (Formerly Sec. 45-42). Residence of minor defined.
Status: in_force

See Sec. 45a-604 for applicable definitions.

Annotations to former section 45-42:

Cited. 135 C. 128; 193 C. 393.

Child's domicile is that of the parent with whom he actually lives. 14 CS 59.
Conn. Gen. Stat. § 45a-67 — Connecticut Code / Title 45a / Chapter 801 / Section 45a-67
Sec. 45a-67. (Formerly Sec. 45-11i). Expenses of council paid from probate fund.
Status: in_force

Annotation to former section 45-11i:

Cited. 193 C. 180.