reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-155. (Formerly Sec. 45-234). - Remonstrance against award. Refusal of court to accept award.

Any party interested may remonstrate against the acceptance of the arbitration award on any ground which would be sufficient to set aside such an award in a court of equity. If the allegations in the remonstrance are found to be true and sufficient, the court of equity shall refuse to accept the award, and the matter in controversy may again be submitted to arbitration, and the proceedings shall be the same as provided in sections 45a-153 and 45a-154 and this section.
(1949 Rev., S. 7019; P.A. 80-476, S. 76.)
History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-234 transferred to Sec. 45a-155 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-156. (Formerly Sec. 45-235). - Costs of arbitration.

(a) The fees for the services of the judge of probate shall be paid by the applicant.
(b) The fees and charges of the arbitrator or arbitrators shall be taxed by the judge and apportioned by him between the parties as he judges proper and shall be paid by them according to the apportionment.
(c) Other costs shall not be allowed.
(1949 Rev., S. 7020; P.A. 80-476, S. 77.)
History: P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-235 transferred to Sec. 45a-156 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-162. (Formerly Sec. 45-236). - Sale of choses in action and other property.

Before the final settlement of any estate, the Court of Probate may order the sale of the credits and choses in action belonging to such estate, and may at any time order the sale of personal property, and in the case of an insolvent debtor's estate of all or any property, as it finds for the interest of the estate, in a manner and after notice which it judges reasonable. The court, in making orders for the sale of the property described in this section, may order it to be sold at public or private sale at the discretion of the person authorized to make the sale. After a hearing the court may authorize that the property be sold to the fiduciary either directly or under the provisions of section 45a-163, except that if a public sale is ordered, the fiduciary may be the purchaser only if the sale is made under section 45a-163. In the case of any proposed sale to a fiduciary, any notice sent to interested parties and any public notice shall indicate that the fiduciary is the proposed purchaser.
(1949 Rev., S. 7021; P.A. 80-476, S. 78; P.A. 83-87, S. 1.)
History: P.A. 80-476 restated provisions and substituted “property” for “estate” in some instances; P.A. 83-87 added provisions re purchase of property by fiduciary; Sec. 45-236 transferred to Sec. 45a-162 in 1991.
Annotations to former section 45-236:
Order of sale extends to all property known to court, even if not inventoried. 2 D. 316. Avails of sale of real estate in hands of removed executor should be paid to successor. 17 C. 420. Sale must be for cash. 21 C. 285. If husband elects to accept provisions in will, he cannot thereafter, as executor, obtain order to sell estate to make up his statutory share. 64 C. 352. Order of sale will not justify exchange. 77 C. 374. Order of sale to pay debts will not justify sale after final accounting. Id.; 81 C. 94. Court should not order a sale where it will compel one legatee to buy or sell an interest at a loss. Id., 95. Private sale should have public notice. 134 C. 334. Sale of estate personal property, though approved by Probate Court, may be reviewed de novo by appellate court; former doctrine of discretion of Probate Court reversed. 158 C. 286.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-163. (Formerly Sec. 45-237). - Sale of personal property by other than fiduciary.

(a) Upon the written application of any fiduciary described in section 45a-164, after such notice which the court may order and after hearing, the Court of Probate may authorize a person other than the fiduciary to sell the whole or any part of or any interest in any personal property of any incapable person, minor, missing person, deceased person or trustee, or any property to which the fiduciary may hold legal title in such capacity, if: (1) Such person has first given a probate bond that he will faithfully administer and account for the proceeds of the sale according to law; and (2) the court finds that to grant the application would be in the best interests of the parties in interest. If any party having an interest in such personal property is not in being or is not ascertained or is under a disability, the court shall appoint a guardian ad litem to represent the interest of such party at the hearing, unless such party already is represented by a guardian or by a conservator. Such order, and the sale thereunder, shall be conclusive upon all persons then or thereafter existing whose interests have been so represented.
(b) The person selling the personal property shall pay to the fiduciary the sum for which such personal property was sold.
(c) The Court of Probate shall direct whether the sale shall be public or private, and, if public, the notice thereof which shall be given, and, if private, may authorize the sale at a price and upon terms, including such mortgage or mortgages, as it considers reasonable or advisable.
(1949, S. 2937d; P.A. 80-476, S. 79; P.A. 83-87, S. 2; P.A. 98-219, S. 21.)
History: P.A. 80-476 divided section into Subsecs., restated provisions and substituted “personal property” for “personal estate”; P.A. 83-87 amended Subsec. (c) by deleting provision re purchase of personal property by fiduciary; Sec. 45-237 transferred to Sec. 45a-163 in 1991; P.A. 98-219 amended Subsec. (a) by deleting “public notice and other” and inserted “such” before “notice”.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-165. (Formerly Sec. 45-243). - Sale or mortgage of real property by successor to original appointee or survivor of appointees.

(a) When any conservator, guardian, administrator, executor or trustee, who has been authorized under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 to sell or mortgage any real property, has died, resigned or been removed without having sold or mortgaged such real property, the court of probate by which such sale or mortgage was authorized may, upon written application by his duly appointed successor, authorize the sale or mortgage of the real property remaining unsold or unmortgaged upon his giving such probate bond, if any, and upon such further notice, if any, as said court orders.
(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.
(1949 Rev., S. 7027; P.A. 80-227, S. 19, 24; 80-476, S. 81.)
History: P.A. 80-227 removed overseers appointed pursuant to Sec. 54-37 from purview of section, effective July 1, 1981; P.A. 80-476 divided section into Subsecs., substituted “real property” for “real estate” and made other slight changes in wording; Sec. 45-243 transferred to Sec. 45a-165 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-166. (Formerly Sec. 45-241). - Public or private sale of real property. Distribution of proceeds. Validation of sale.

(a) The Court of Probate in ordering a sale under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 shall direct whether the sale shall be public or private. If a public sale is directed, the court shall direct the notice thereof which shall be given. If a private sale is directed, the court may, if it appears to be for the best interests of the estate, determine the price and the terms of the sale, including purchase money mortgage or mortgages, as it considers reasonable and advisable.
(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.
(1949 Rev., S. 7025; 1949, S. 2939d; P.A. 80-476, S. 82; P.A. 99-238, S. 6, 8; P.A. 00-84, S. 3, 6.)
History: P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-241 transferred to Sec. 45a-166 in 1991; P.A. 99-238 added Subsec. (c) re validity of sale pursuant to order if court fails to direct whether sale to be public or private, effective July 1, 2000; P.A. 00-84 revised effective date of P.A. 99-238 to specify applicability of section as amended by that act to errors, irregularities and omissions occurring on or after January 1, 1999, effective July 1, 2000.
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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-167. (Formerly Sec. 45-244). - Sale of real property by other than fiduciary.

(a) Any court of probate to which an application to sell real property has been made under the provisions of section 45a-164, may authorize a person other than the fiduciary to sell it in accordance with the provisions of sections 45a-164 and 45a-166 if such person has given a probate bond and if a probate bond is in force for the fiduciary in accordance with section 45a-164, unless exempted therefrom under section 45a-169.
(b) Such person selling the real property shall pay to the fiduciary the sum for which such real property was sold.
(1949 Rev., S. 7028; P.A. 80-227, S. 20, 24; 80-476, S. 83; P.A. 83-87, S. 4.)
History: P.A. 80-227 rephrased provision re probate bonds and deleted clause requiring that person other than fiduciary making sale “will faithfully administer and account for the avails of such sale according to law”, effective July 1, 1981; P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted “real property” for “real estate”; P.A. 83-87 deleted provision permitting fiduciary to be a purchaser of real property; Sec. 45-244 transferred to Sec. 45a-167 in 1991.
Annotations to former section 45-244:
Failure to follow statute makes sale voidable and even though sale is made through intermediate conveyance to third party, relief lies in Superior Court. 105 C. 560. Effect and intent of former statute. 127 C. 480. Cited. 134 C. 334. Action of court in receiving and recording a return of sale is ministerial and no appeal lies. 140 C. 594.
Not obligatory upon an executor to proceed under section; he may sell to himself and such sale will not be void but if challenged, the burden is on him to show that the transaction was fair and equitable. 13 CS 114.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-168. (Formerly Sec. 45-242). - Mortgage of real property: Amount and interest rate. Liability of fiduciary.

(a) An application to mortgage real property made under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 shall set forth the amount of money necessary to be raised and the purposes for which the money is required.
(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.
(1949 Rev., S. 7026; P.A. 80-476, S. 84.)
History: P.A. 80-476 divided section into Subsecs., substituted “real property” for “real estate” and made other minor changes in wording; Sec. 45-242 transferred to Sec. 45a-168 in 1991.
Annotation to former section 45-242:
Former statute cited. 120 C. 671.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-169. (Formerly Sec. 45-240). - When probate bond not required.

The Court of Probate may dispense with the requirement of a probate bond as set forth in sections 45a-162 to 45a-169, inclusive, if: (1) The fiduciary is a bank or trust company authorized to do business and maintaining a place of business in this state; (2) the fiduciary is a foreign bank or trust company which has qualified and been approved as such fiduciary; (3) the fiduciary is excused by the will from giving a probate bond; or (4) the Court of Probate determines that a bond is not required for the protection of interested parties.
(1949 Rev., S. 7024; P.A. 73-254; P.A. 80-476, S. 85.)
History: P.A. 73-254 authorized court to waive probate bond requirement if it determines the bond to be unnecessary “for the protection of interested parties”; P.A. 80-476 restated provisions but made no substantive change; Sec. 45-240 transferred to Sec. 45a-169 in 1991.
Annotation to former section 45-240:
Cited. 140 C. 594.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-176. (Formerly Sec. 45-267a). - Financial report by fiduciary in lieu of account. Release from liability.

If a fiduciary is permitted to submit a financial report in lieu of an account pursuant to rules of procedure adopted under section 45a-78 and the Probate Court approves the financial report, the Probate Court may enter a decree releasing the fiduciary and the sureties on the fiduciary's bond, if any, from any further liability with respect to all items shown on the financial report.
(P.A. 77-29; P.A. 80-476, S. 87; P.A. 83-520, S. 8; P.A. 93-68; P.A. 98-219, S. 23; P.A. 13-81, S. 2.)
History: P.A. 80-476 made minor changes in wording but no substantive changes; P.A. 83-520 permitted fiduciary to file statement in lieu of accounting whenever multiple fiduciaries of estate are the only beneficiaries and all dispositions to other beneficiaries are specific bequests, except in the case where any beneficiary is trustee of testamentary or inter vivos trust, and added procedure re filing receipts of beneficiaries of specific bequests; Sec. 45-267a transferred to Sec. 45a-176 in 1991; P.A. 93-68 divided section into Subsecs. and added provision re bequests of personal property or an amount certain or devises of specific real property; P.A. 98-219 revised section permitting statement in lieu of accounting if any fiduciary is one of beneficiaries; P.A. 13-81 replaced former provisions with provisions re fiduciary permitted to submit a financial report in lieu of an account under rules of procedure and release of liability upon court's approval of financial report and entering of decree, effective July 1, 2013.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-178. (Formerly Sec. 45-269). - Allowance of interim accounts. Notice and hearing.

The Court of Probate shall direct what notice, if any, shall be given to the parties in interest of the filing of any account described in section 45a-177, and of the hearing thereon, and may adjust and allow the account. The court may make any order necessary and proper to secure the execution of the duties of such fiduciary, subject to appeal as in other cases.
(1949 Rev., S. 7053; P.A. 80-476, S. 89.)
History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-269 transferred to Sec. 45a-178 in 1991.
Annotations to former section 45-269:
Effect of section. 69 C. 262. Cited. 70 C. 375; 147 C. 482; 148 C. 361.
Annotation to present section:
Cited. 42 CS 548.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-179. (Formerly Sec. 45-270). - Notice and hearing on final accounts.

(a) When a conservator, guardian or trustee of a testamentary trust exhibits his or her final account to the Probate Court for allowance, the court shall appoint a time and place for a hearing on the account and shall cause notice of the hearing to be given as it directs. Such fiduciary shall sign the account under penalty of false statement.
(b) The court shall, before approving a final account of an executor or administrator, hold a hearing thereon for which notice may be given as the court shall direct, unless all parties interested in the estate sign and file in court a written waiver of such notice.
(1949 Rev., S. 7054; P.A. 80-476, S. 90; P.A. 98-219, S. 24; P.A. 99-84, S. 17; P.A. 16-7, S. 10.)
History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-270 transferred to Sec. 45a-179 in 1991; P.A. 98-219 amended Subsec. (a) by deleting “an executor, administrator” and added Subsec. (b) re procedure for approval of final account of executor and administrator; P.A. 99-84 amended Subsec. (a) by deleting “swear or affirm under oath to the truth of” and inserting “sign” and “under penalty of false statement”; P.A. 16-7 amended Subsec. (a) by deleting reference to trustee in insolvency and making a technical change.
See Sec. 12-371 re estates of nonresident decedents and cooperation with other states.
Annotations to former section 45-270:
True condition of estate must appear from account and inventory. 21 C. 244. Cited. 32 C. 573. Annual account does not conclude the parties. 45 C. 125. The rendering of an annual account when no notice is given, not conclusive. 56 C. 442. Cited. 73 C. 442. Parties in interest may question account. 91 C. 469. Does not preclude court ordering other accounts from time to time; relation to Sec. 45-4. 92 C. 290.
This is undoubtedly a judicial proceeding. 12 CS 95. Final accounting can be had only in the Probate Court which appointed the guardian. 14 CS 11.
Annotation to present section:
Cited. 42 CS 548.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-180. (Formerly Sec. 45-271). - Settlement of account of deceased fiduciary.

Whenever an executor, administrator, conservator, guardian or trustee of any testamentary trust dies before completing and accounting for his or her trust, the executor or administrator of the deceased fiduciary shall settle the deceased fiduciary's account in the Probate Court. The amount found due from or to the deceased fiduciary shall be paid in the same manner as it would have been paid to or by him or her if the account had been settled in his or her lifetime.
(1949 Rev., S. 7055; P.A. 80-476, S. 91; P.A. 18-45, S. 6.)
History: P.A. 80-476 replaced references to “decedent” with references to “deceased fiduciary”; Sec. 45-271 transferred to Sec. 45a-180 in 1991; P.A. 18-45 deleted reference to trustee in insolvency and made technical changes.
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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-181. - Probate Court Administrator's authority re auditing account of conservator of the estate.

(a) The Probate Court Administrator, within available appropriations, may cause an account of a conservator of the estate, as defined in section 45a-644, to be audited in accordance with the provisions of this section.
(b) The Probate Court Administrator may select conservator accounts for audit under this section on a random basis or on the basis of other criteria that the administrator deems effective in deterring and detecting fiduciary malfeasance. No account that a Probate Court has approved may be selected for audit.
(c) When the Probate Court Administrator selects an account for audit, the administrator shall assign an auditor to conduct the audit from the list of auditors maintained under section 45a-175 and shall notify the Probate Court before which the account is pending. The Probate Court shall continue any previously scheduled hearing on the account pending the outcome of the audit and shall notify all parties of the audit and the continuance by first-class mail.
(d) A conservator of the estate whose account is subject to audit shall cooperate with the auditor and provide the auditor with access to all of the conservator's records relating to the conservatorship of the estate. The auditor shall notify the Probate Court, in writing, if the conservator fails to cooperate with the audit and shall send a copy of such notification to each party and attorney of record. On motion of a party or the court's own motion, the court may issue orders to compel compliance with the provisions of this subsection and may remove a conservator who fails to comply with the provisions of this subsection.
(e) An auditor performing an audit under this section shall complete the audit and submit a report of his or her findings to the Probate Court not later than ninety days after the date the auditor receives notice of the auditing assignment. On request of the auditor, the court may extend the deadline if it finds that additional time is necessary to complete the audit.
(f) Upon receipt of an audit report under subsection (e) of this section, the Probate Court shall send notice of the hearing on the account and audit report, together with a copy of the audit report, to all parties. The audit report shall be admissible in evidence, subject to the right of any interested party to require that the auditor appear as a witness, if available, and be subject to examination. The court shall hear and decide the conservator's account and shall determine the rights of the conservator and the parties under subsections (g) and (h) of section 45a-175.
(g) The Probate Court Administrator shall pay the cost of an audit under this section from the Probate Court Administration Fund, subject to the provisions of section 45a-84. The Probate Court Administrator may, from time to time, establish hourly rates and allowable expenses for the compensation of auditors under this section.
(P.A. 17-7, S. 1.)
History: P.A. 17-7 effective January 1, 2018.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-186a. - Appeal from probate court after a hearing on the record. Transcripts. Expense.

(a) In an appeal from an order, denial or decree of a Probate Court made after a hearing that is on the record 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, not later than thirty days after service is made of such appeal under section 45a-186, or within such further time as may be allowed by the Superior Court, the Probate Court shall transcribe any portion of the recording of the proceedings that has not been transcribed. The expense for such transcript shall be charged against the person who filed the appeal, except that if the person who filed the appeal is unable to pay such expense and files an affidavit with the court demonstrating the inability to pay, the expense of the transcript shall be paid by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(b) The Probate Court shall transmit to the Superior Court the original or a certified copy of the entire record of the proceeding from which the appeal was taken. The record shall include, but not be limited to, the findings of fact and conclusions of law, separately stated, of the Probate Court.
(c) An appeal from an order, denial or decree made after a hearing on the record 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 heard by the Superior Court without a jury, and may be referred to a state referee appointed under section 51-50
l
. The appeal shall be confined to the record. If alleged irregularities in procedure before the Probate Court are not shown in the record or if facts necessary to establish such alleged irregularities in procedure are not shown in the record, proof limited to such alleged irregularities may be taken in the Superior Court. The Superior Court, on request of any party, shall hear oral argument and receive written briefs.
(P.A. 07-116, S. 3; P.A. 11-128, S. 12; P.A. 19-47, S. 11; P.A. 21-100, S. 10.)
History: P.A. 11-128 amended Subsec. (a) to insert “pursuant to subsection (a) of section 45a-186” and make a technical change; P.A. 19-47 amended Subsec. (a) by replacing “pursuant to subsection (a) of section 45a-186” with “under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73” and making technical changes, amended Subsec. (b) by making technical changes and amended Subsec. (c) by adding “under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73,” and making a technical change, effective June 26, 2019; P.A. 21-100 amended Subsecs. (a) and (c) to add references to Sec. 19a-131b, effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-186b. - Appeal from probate court after a hearing on the record: Standard of review.

In an appeal taken under section 45a-186 from a matter heard on the record in the Probate Court 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, the Superior Court shall not substitute its judgment for that of the Probate Court as to the weight of the evidence on questions of fact. The Superior Court shall affirm the decision of the Probate Court unless the Superior Court finds that substantial rights of the person appealing have been prejudiced because the findings, inferences, conclusions or decisions are: (1) In violation of the federal or state constitution or the general statutes, (2) in excess of the statutory authority of the Probate Court, (3) made on unlawful procedure, (4) affected by other error of law, (5) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record, or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. If the Superior Court finds such prejudice, the Superior Court shall sustain the appeal and, if appropriate, may render a judgment that modifies the Probate Court's order, denial or decree or remand the case to the Probate Court for further proceedings. For the purposes of this section, a remand is a final judgment.
(P.A. 07-116, S. 4; P.A. 19-47, S. 12; P.A. 21-100, S. 11.)
History: P.A. 19-47 added “under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73” and made technical changes, effective June 26, 2019; P.A. 21-100 added reference to Sec. 19a-131b, effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-186c. - Appeal from probate court: Costs; waiver; tolling of appeal period.

(a) In an appeal taken under section 45a-186, costs may be taxed in favor of the prevailing party in the same manner, and to the same extent, as such costs are allowed in judgments rendered by the Superior Court.
(b) If the appellant claims that such appellant cannot pay the costs of an appeal taken under section 45a-186, the appellant shall, within the time permitted for filing the appeal, file with the clerk of the court to which the appeal is to be taken an application for waiver of payment of such costs, including the requirement of bond, if any. The application for waiver of such costs shall conform to the requirements prescribed by rule of the judges of the Superior Court. After such hearing as the court determines is necessary, the court shall render judgment on the application for waiver of such costs, which judgment shall contain a statement of the facts found by the court and the court's conclusions based on the facts found. The filing of the application for the waiver of such costs shall toll the time limits for the filing of an appeal until such time as a judgment on such application is rendered. A fiduciary acting on an order of the court made after expiration of the period of appeal shall not be liable for actions made in good faith unless such fiduciary has actual notice of the tolling of the appeal period.
(P.A. 07-116, S. 5; P.A. 10-32, S. 132.)
History: P.A. 10-32 made a technical change in Subsec. (a), effective May 10, 2010.
Legislature expressly addressed appellate procedure in this section and did not provide that a motion for revocation made pursuant to Sec. 45a-128 is an action that tolls the appeals period set forth in this section. 210 CA 278.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-188. (Formerly Sec. 45-291). - Timing of taking appeals by minors.

(a) Except as provided in this section, all appeals by persons who are minors at the time of the making of the order, denial or decree appealed from shall be taken within twelve months after they arrive at the age of majority.
(b) In the case of any minor who has a guardian or guardian ad litem appointed and qualified by any Probate Court in this state at the time of the making of the order, denial or decree, the minor or anyone on his or her behalf may appeal therefrom within the time provided in section 45a-186 if the guardian or guardian ad litem had legal notice of the time and place of the hearing.
(c) Any judge or clerk of the Probate Court or any fiduciary may cause written notice of any order, denial or decree of the Probate Court to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby. In any such case the person, minor, guardian or guardian ad litem may appeal only within the time provided in section 45a-186 after receiving such notice.
(1949 Rev., S. 7073; P.A. 80-476, S. 94; P.A. 82-277; P.A. 11-128, S. 14; P.A. 19-47, S. 14.)
History: P.A. 80-476 divided section into Subsecs. and restated provisions; P.A. 82-277 amended Subsec. (d) to permit the judge or clerk of the court of probate or any fiduciary to give written notice of any court decree where previously “any executor, administrator or trustee of an estate” gave such notice; Sec. 45-291 transferred to Sec. 45a-188 in 1991; P.A. 11-128 amended Subsec. (b) to delete “the time in which” and substitute “within the time provided in section 45a-186 if the guardian or guardian ad litem had legal notice of the time and place of the hearing” for provisions providing one month to appeal, deleted former Subsec. (c) re appeals by persons not inhabitants of this state, and redesignated existing Subsec. (d) as Subsec. (c) and amended same to substitute “within the time provided in section 45a-186” for “within one month”; P.A. 19-47 amended Subsecs. (b) and (c) by making technical changes, effective June 26, 2019.
Annotations to former section 45-291:
Appeal after time voidable, but not void. 61 C. 386. Right of guardian to compromise disputed claim may be tested by ward upon attaining his majority. 110 C. 162. Cited. 129 C. 315; 163 C. 439. When written waiver of notice is filed, notice requirement of section is satisfied. 169 C. 382. 12-month appeal period not reduced to 1 month where notice of Probate Court's decree not given by one of officials referred to in the statutes. 185 C. 25.
Publication of notice of a probate hearing in local newspaper not legal notice to nonresident. 8 CS 262. Executor could properly adopt the notice sent by the assistant clerk as his own act. Id., 543. Legal notice to nonresidents is not actual notice but notice given upon order of the court. 22 CS 232. Cited. 28 CS 393.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-189. (Formerly Sec. 45-290). - Amendment to appeal.

Section 45a-189 is repealed, effective October 1, 2009.
(1955, S. 2949d; P.A. 80-476, S. 95; P.A. 09-114, S. 24.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-190. (Formerly Sec. 45-292). - Appeals from actions of commissioners.

Section 45a-190 is repealed, effective July 1, 2013.
(1949 Rev., S. 7074; P.A. 78-280, S. 2, 127; P.A. 80-476, S. 96; P.A. 13-81, S. 21.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-191 and 45a-192. (Formerly Secs. 45-293 and 45-294). - Interest of appellant to be stated. Order of notice.

Sections 45a-191 and 45a-192 are repealed, effective October 1, 2007.
(1949 Rev., S. 7075, 7076; P.A. 80-476, S. 97, 98; P.A. 07-116, S. 33.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801b - Probate Court Procedures › Section 45a-193. (Formerly Sec. 45-295). - Appellee to give bond in Superior Court.

(a) In any appeal from any order or decree of a Probate Court, if the appellee is the party who applied for the order or decree and if the appellee appears in the Superior Court to contest the matter being appealed, the court may, at its discretion, order the appellee to give bond to the state for the payment to the appellant of the appellant's costs of suit if judgment is rendered for the appellant.
(b) If the appellee neglects to comply with the order of the court, the court may make any disposition of the case favorable to the appellant that it deems proper.
(1949 Rev., S. 7077; P.A. 80-227, S. 22, 24; 80-476, S. 99; P.A. 19-47, S. 15.)
History: P.A. 80-227 specified that bond be given “to the state”, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-295 transferred to Sec. 45a-193 in 1991; P.A. 19-47 made technical changes in Subsec. (a).
Annotation to former section 45-295:
Bond formerly taken to judge. 9 C. 389.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-199. (Formerly Sec. 45-21a). - “Fiduciary” defined.

As used in sections 45a-186c, 45a-202 to 45a-208, inclusive, and 45a-242 to 45a-244, inclusive, unless otherwise defined or unless otherwise required by the context, “fiduciary” includes an executor, administrator, trustee, conservator or guardian.
(P.A. 80-476, S. 184; P.A. 07-116, S. 6; P.A. 10-32, S. 133.)
History: Sec. 45-21a transferred to Sec. 45a-199 in 1991; P.A. 07-116 added reference to Sec. 45a-186c; P.A. 10-32 deleted references to Secs. 45a-143 and 45a-152, effective May 10, 2010.
Cited. 239 C. 553.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-200. (Formerly Sec. 45-195b). - Fiduciary certificate effective for one year.

A certificate of the appointment of a fiduciary issued by the clerk of the court shall be sufficient evidence of the authority and identity of such fiduciary for all purposes for one year after the date of such issuance, in the absence of actual notice of revocation.
(P.A. 80-410, S. 3.)
History: Sec. 45-195b transferred to Sec. 45a-200 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-202. (Formerly Sec. 45-21). - When payments by fiduciaries protected.

(a) Any person, acting as a fiduciary as defined by section 45a-199 or in any other fiduciary capacity, who in good faith makes payments or delivers property or estate pursuant to the order of the court of probate having jurisdiction before an appeal has been taken from such order, shall not be liable for the money so paid, or the property so delivered, even if the order under which such payment or delivery has been made is later reversed, vacated or set aside.
(b) This section shall not prevent a recovery of such money or property by the person entitled to it from any person receiving it or in possession of it.
(1949 Rev., S. 6829; P.A. 80-476, S. 185.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions, substituting “fiduciary” for “executive, administrator, conservator, guardian or trustee”, but made no substantive change; Sec. 45-21 transferred to Sec. 45a-202 in 1991.
Annotations to former section 45-21:
Trustee paying fund under order of court protected. 82 C. 558. Conclusion as to good faith is a conclusion of fact. 90 C. 566. Payment of balance for distribution stated in account accepted by court, where no return of distribution was made, held not a payment “under or pursuant” to an order of Probate Court. 120 C. 183. Cited. 138 C. 17.
Executrix overpaid herself as legatee and contended that allowance of those accounts by Probate Court after hearing with notice rendered res judicata her right to the payments; held that she could not, consistently with her fiduciary obligations as executrix, invoke res judicata to produce so inequitable a result. 150 C. 106.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-204. (Formerly Sec. 45-89). - Investments may be maintained as received.

Trust funds received by executors, trustees, guardians or conservators may be kept invested in the securities received by them, unless it is otherwise ordered by the Court of Probate or unless the instrument under which such trust was created directs that a change of investments shall be made, and the fiduciaries thereof shall not be liable for any loss that may occur by depreciation of such securities.
(1949 Rev., S. 6894; P.A. 80-476, S. 187.)
History: P.A. 80-476 substituted “fiduciaries” for “trustees”; Sec. 45-89 transferred to Sec. 45a-204 in 1991.
See Sec. 45a-199 for definition of “fiduciary”.
Annotations to former section 45-89:
Cited. 67 C. 195; 122 C. 386. Reasonable prudence to prevent loss is required. 76 C. 564; 115 C. 26. Statute does not apply where will directs replacement of investments. 79 C. 559. Borrowing to close out testator's margin accounts and protect securities pledged by him, sustained. 117 C. 582. Reorganization involving exchange of stock for shares of new corporation held not such a change as to prevent trustees from holding the new shares. 118 C. 509. Cited. 149 C. 349.
Cited. 22 CS 162.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-205. (Formerly Sec. 45-259). - Fiduciary powers re increase in capital stock assets of estate.

Whenever any fiduciary holds shares of the stock of any corporation as assets of the estate in his charge and there is an increase of the capital stock of any such corporation, such fiduciary may, with the consent of the court of probate having jurisdiction of such estate, (1) subscribe for and take the shares of the increased capital stock to which such estate may be entitled or (2) sell and transfer to others the right to subscribe for such shares.
(1949 Rev., S. 7044; P.A. 80-476, S. 188.)
History: P.A. 80-476 substituted “fiduciary” for “executor, administrator, trustee, conservator or guardian” and made other minor changes; Sec. 45-259 transferred to Sec. 45a-205 in 1991.
See Sec. 45a-199 for definition of “fiduciary”.
Annotation to former section 45-259:
Cited. 79 C. 561.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-207. (Formerly Sec. 45-193). - Investments held by foreign corporation as executor or trustee; use of nominee.

(a) Except as otherwise provided by this section, all investments held, as executor or testamentary trustee of the estate of any resident of this state or of any nonresident leaving property within this state, by any foreign corporation which is qualified to act as executor or testamentary trustee in this state as provided by section 45a-206, shall be segregated and shall not be mingled with other assets of such foreign corporation or with the investments of any other trust, and shall, except as provided in subsection (b) of this section, be so held as clearly to set forth the fiduciary capacity in which such foreign corporation is acting.
(b) A foreign corporation which is appointed to act in this state pursuant to the provisions of section 45a-206, owning stock as a trustee, may deposit or arrange for the deposit of such stock or other securities in a clearing corporation, as defined in subdivision (5) of subsection (a) of section 42a-8-102, and may hold it in the name of a nominee, including the nominee of such clearing corporation, without mention of the trust in the stock certificate or stock registration book; provided (1) the trust records and all reports or accounts rendered by the trustee clearly show the ownership of the stock by the trustee and the facts regarding its holding; and (2) except for stock and other securities deposited in a clearing corporation, the nominee shall deposit with the trustee a signed statement showing the trust ownership, shall either endorse the stock certificate in blank or execute a power of attorney for transfer in blank, and shall not have possession of the stock certificate or access thereto except under the immediate supervision of the trustee. The trustee shall be personally liable for any loss to the trust resulting from any act of such nominee in connection with stock so held. If such foreign corporation is acting as trustee with one or more cotrustees, it shall secure, in advance, the consent, in writing, of such cotrustee or cotrustees to the registration of stock in the name of a nominee, and such cotrustees are authorized to consent thereto. As used in this section, “trustee” includes executors and testamentary trustees of the estates of any residents of this state or of any nonresidents leaving property within this state.
(1951, S. 2928d; P.A. 73-332; P.A. 80-476, S. 190; P.A. 03-19, S. 98.)
History: P.A. 73-332 authorized deposit of stock in clearing corporations in Subsec. (2); P.A. 80-476 replaced numeric Subsec. indicators with alphabetic indicators and alphabetic Subdiv. indicators with numerics, changing internal reference in Subsec. (a) accordingly; Sec. 45-193 transferred to Sec. 45a-207 in 1991; P.A. 03-19 made technical changes in Subsec. (b), effective May 12, 2003.
See Sec. 45a-199 for definition of “fiduciary”.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-209. - Investments in securities of open-end or closed-end management investment companies or investment trusts.

(a) Notwithstanding any other provision of law, in addition to investments otherwise permitted, any trustee or fiduciary, including a banking institution acting as a trustee or fiduciary, may, in the exercise of its investment discretion or at the direction of another person authorized to direct investments of funds held by the trustee or fiduciary, invest and reinvest in the securities of an open-end or closed-end management investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, provided (1) such investment is not prohibited by the governing instrument, (2) the portfolio of the investment company or investment trust consists of investments not prohibited by the governing instrument and (3) nothing in this section shall affect the duty of prudence that is required of fiduciaries under the law of this state. For the purposes of this section, “banking institution” includes any state or federally chartered bank, savings bank or savings and loan association authorized to exercise trust powers and do business in this state.
(b) The fact that the trustee or fiduciary, or an affiliate of the trustee or fiduciary, provides services to the investment company or investment trust, including services as an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager or otherwise, and is receiving compensation for such services, shall not preclude the trustee or fiduciary from investing or reinvesting in the securities of the investment company or investment trust, provided disclosure of the provision of such services and compensation is made annually to each current income beneficiary by mailing separate notices, which shall include prospectus, statement or letter, to the current income beneficiary's last-known address.
(P.A. 92-199; P.A. 93-399, S. 1, 2; P.A. 94-96, S. 2, 3; May 25 Sp. Sess. P.A. 94-1, S. 62, 130.)
History: P.A. 93-399 amended Subsec. (b) by deleting the former procedure re notification and disclosure and substituting a new annual notification and disclosure of services and compensation requirement for each current income beneficiary, effective June 30, 1993; P.A. 94-96 and May 25 Sp. Sess. P.A. 94-1 made identical technical change in Subsec. (b), effective May 23, 1994.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-214 to 45a-227. (Formerly Secs. 45-350 to 45-363). - Principal and Income Act, generally.

Sections 45a-214 to 45a-227, inclusive, are repealed, effective January 1, 2000.
(P.A. 87-440, S. 1
–
14; P.A. 95-316, S. 2; P.A. 99-164, S. 35, 36.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-236. (Formerly Sec. 45-100g). - Short title: Fiduciary Powers Act.

Sections 45a-233 to 45a-236, inclusive, shall be known as the “Fiduciary Powers Act”. Any unqualified reference thereto by name or words of similar import shall be deemed to include all the powers listed in section 45a-234, at the time of signing the will or trust instrument, but none of the additional powers listed in section 45a-235.
(1969, P.A. 827, S. 4; P.A. 80-476, S. 207.)
History: P.A. 80-476 made no change; Sec. 45-100g transferred to Sec. 45a-236 in 1991.
Annotation to former section 45-100g:
Cited. 178 C. 42.