reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-48. (Formerly Sec. 45-29o). - Benefits not assignable.

Any assignment by a member or beneficiary of any allowance or benefit payable under the terms of sections 45a-34 to 45a-52, inclusive, shall be null and void. Each such allowance and benefit shall be for the support of the member or beneficiary entitled to it and shall be exempt from the claims of that person's creditors, provided, if the provisions of this section are contrary to the laws governing a particular set of circumstances, as to that set of circumstances, any allowance or benefit hereunder shall be exempt to the maximum extent permitted by law.
(1967, P.A. 558, S. 40; P.A. 80-476, S. 50.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-29o transferred to Sec. 45a-48 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-49. (Formerly Sec. 45-29p). - Disposition of retirement contributions.

All contributions received pursuant to sections 45a-34 to 45a-52, inclusive, shall be paid over by the Retirement Commission to the State Treasurer. The State Treasurer shall be the custodian of the fund with power to invest and reinvest as much of the fund as is not required for current disbursements in accordance with the provisions of part I of chapter 32. All benefits, allowances, and other payments authorized by said sections shall be made from the fund upon vouchers approved by the Retirement Commission.
(1967, P.A. 558, S. 41; 1972, P.A. 244, S. 9; P.A. 80-476, S. 51; P.A. 81-343, S. 6, 7.)
History: 1972 act authorized investments “when deemed prudent, in accordance with the law governing the investment of trust funds”; P.A. 80-476 made slight change in wording; P.A. 81-343 substituted investments in accordance with Ch. 32, Pt. I for investments in accordance with laws governing savings banks and trust funds investments; Sec. 45-29p transferred to Sec. 45a-49 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-50. (Formerly Sec. 45-29q). - Administration of retirement allowances.

(a) The administration of the system of retirement allowances herein established, except as the administration relates to the custody and investment of the fund, shall be entrusted to the Retirement Commission. The commission may employ actuarial, clerical and other assistance necessary for its purposes and may make reasonable regulations for carrying out the provisions of sections 45a-34 to 45a-52, inclusive, including designation of the times and manner in which the courts of probate shall make the payments required by said sections.
(b) Each court of probate shall furnish, at the times and in the manner which the Retirement Commission directs, information concerning the names, ages, length of service and compensation of employees and judges of the probate courts and any other data which the Retirement Commission determines to be necessary for implementing said sections and give prompt notice of all appointments, removals, deaths, resignations, leaves of absence and changes in compensation of employees and judges.
(1967, P.A. 558, S. 42; P.A. 80-476, S. 52.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive changes; Sec. 45-29q transferred to Sec. 45a-50 in 1991.
Annotation to former section 45-29q:
Primary standards relating to duties of Retirement Commission held adequate. 157 C. 150.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-51. (Formerly Sec. 45-29r). - Liability of courts.

(a) Each court of probate shall be liable to the fund for the cost of maintaining for its employees the retirement system herein provided for, including all contributions collected from amounts otherwise payable to employees and judges.
(b) The liability of a court under this section shall be enforceable by the Retirement Commission through appropriate action in the Superior Court.
(1967, P.A. 558, S. 43; P.A. 80-476, S. 53.)
History: P.A. 80-476 divided section into Subsecs.; Sec. 45-29r transferred to Sec. 45a-51 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-52. (Formerly Sec. 45-29s). - Liability of retirement fund in event of statutory change.

If any of sections 45a-34 to 45a-52, inclusive, are amended or repealed, the liability of the retirement fund to a member or person claiming through that member shall be limited to the contributions made by such member, with interest. All future retirement allowances vested by the retirement of members shall be paid in full in accordance with the terms of said sections. The rights of the Retirement Commission to compel the payment by the courts of probate of the sum or sums necessary to provide the retirement allowances granted to eligible employees and judges formerly employed by the courts of probate shall not be affected by such repeal or amendment.
(1967, P.A. 558, S. 44; P.A. 80-476, S. 54; P.A. 88-155, S. 4.)
History: P.A. 80-476 rephrased provisions but made no substantive changes; P.A. 88-155 specified that, in the event of amendment to or repeal of Secs. 45-29a to 45-29s, liability of fund to members or others person is the amount of contributions “with” interest, rather than “without” interest as was previously the case; Sec. 45-29s transferred to Sec. 45a-52 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-53. (Formerly Sec. 45-29t). - Service as judge and employee.

If a person has served as a judge of probate, or acting judge of probate, or both, and also as an employee, and has completed at least ten years of credited service as defined in subsection (2) of section 45a-34, the average final compensation will be the three highest paid years of service.
(1972, P.A. 244, S. 3; P.A. 77-40, S. 3; P.A. 79-454, S. 11, 12; P.A. 80-476, S. 55; P.A. 82-472, S. 125, 183; P.A. 84-546, S. 100, 173; P.A. 94-98, S. 7.)
History: P.A. 77-40 required completion of 12 years' credited service and based compensation on both service as judge and service as employee, where previously compensation based on service as employee only and on 3 consecutive highest paid years as an employee; P.A. 79-454 reduced required years of service to 10; P.A. 80-476 made slight change in wording; P.A. 82-472 made technical change; P.A. 84-546 made technical change; Sec. 45-29t transferred to Sec. 45a-53 in 1991; P.A. 94-98 deleted reference to “subdivision (c)” of Sec. 45a-34(2) and deleted former provision re determination of average final compensation and provided that such compensation shall be the 3 highest paid years of service.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-55. (Formerly Sec. 45-29x). - Pension claims. Denial. Review.

(a) Any claim for a pension which may become available in accordance with the provisions of sections 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62 to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, 45a-90 to 45a-93, inclusive, 45a-98, 45a-99, 45a-105, 45a-119 to 45a-123, inclusive, 45a-128, 45a-130, 45a-131, 45a-133, 45a-199 and 45a-202, may be submitted in writing to the commission. Any such claim will be reviewed and decided by the commission. The claimant shall be advised of the processing status of the claim upon reasonable request.
(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.
(P.A. 88-155, S. 5, 6; P.A. 09-114, S. 23; P.A. 12-66, S. 6.)
History: Sec. 45-29x transferred to Sec. 45a-55 in 1991; P.A. 09-114 substituted “45a-93” for “45a-94” in Subsec. (a), effective January 5, 2011; P.A. 12-66 amended Subsec. (a) to delete “or any other benefit” re claim submitted and make a technical change.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-57. - Hospitalization and medical and surgical insurance plan. Eligibility. Payment of premium.

Section 45a-57 is repealed, effective January 1, 1997.
(P.A. 93-232, S. 1; P.A. 96-110, S. 3, 4.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-62. (Formerly Sec. 45-11d). - Council on Probate Judicial Conduct.

(a) There shall be a Council on Probate Judicial Conduct to consist of one probate judge elected by the Connecticut Probate Assembly established under section 45a-90, one referee appointed by the Chief Justice from among the state referees who have retired from the Supreme Court or Superior Court, one person appointed by the Governor who shall be an attorney-at-law, admitted to practice in this state and actively engaged in the practice of law in this state for at least five years, and two persons appointed by the Governor who are not attorneys-at-law. Such appointments shall be made on October 1, 1975, and every four years thereafter.
(b) The members of the council shall serve for terms of four years and if for any reason they fail to complete their terms, a successor shall be appointed for the remainder of such terms by the same appointing authority as was the member who was succeeded. The council shall elect a chairman from among its members to serve for a term of two years from the date of his election. Members of the council, except the referee appointed by the Chief Justice, shall receive compensation for their services not to exceed one hundred dollars per diem. The referee appointed by the Chief Justice shall be compensated as provided in section 52-434. All members shall be reimbursed for expenses incurred in the performance of their duties from the budget of the Probate Court Administration Fund.
(P.A. 75-592, S. 1; P.A. 80-476, S. 20; P.A. 82-338, S. 1; P.A. 15-217, S. 9.)
History: P.A. 80-476 divided section into Subsecs. and specified that appointments be made every four years; P.A. 82-338 amended Subsec. (b) to provide that all members receive compensation not to exceed $100 per diem, except that the referee appointed by the chief justice be compensated as provided in Sec. 52-434 where previously members received no compensation other than expenses; Sec. 45-11d transferred to Sec. 45a-62 in 1991; P.A. 15-217 amended Subsec. (a) by substituting “Connecticut Probate Assembly established under section 45a-90” for “judges of probate” and making a technical change, effective July 1, 2015.
See Sec. 45a-68 re requirement that judges file statements of financial interest with council.
Annotations to former section 45-11d:
Cited. 192 C. 704; 193 C. 180; 215 C. 553.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-63a. - Time limitation re complaint for misconduct.

No complaint for misconduct shall be brought under section 45a-63 but within eight years from the date the alleged misconduct was committed.
(P.A. 90-35, S. 4; P.A. 15-217, S. 11.)
History: P.A. 15-217 substituted “misconduct” for “judicial misconduct” and deleted “against a judge of probate”, effective July 1, 2015.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-64. (Formerly Sec. 45-11f). - Hearing.

If a preliminary investigation indicates that probable cause exists that a respondent has committed misconduct under subsection (a), (b) or (c) of section 45a-63, the council shall hold a hearing concerning the misconduct or complaint. All hearings held pursuant to this section shall be open. The council shall make a record of all proceedings pursuant to this section. The council shall, not later than fifteen days after the close of such hearing, publish its findings together with a memorandum of its reasons therefor. The respondent shall be entitled to present evidence, and shall have the right to cross-examine witnesses.
(P.A. 75-592, S. 3; P.A. 80-476, S. 22; P.A. 82-338, S. 3; P.A. 83-379, S. 2; P.A. 90-35, S. 2; P.A. 15-217, S. 12.)
History: P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-338 specified that decisions of council are not public records, “except as provided in subsection (f) of section 45-11g”; P.A. 83-379 revised provisions re hearing after a determination of probable cause, requiring that all hearings be open, that the council publish its findings together with a memorandum not later than 15 days after the close of the hearing and that judge under investigation is entitled to present evidence; P.A. 90-35 changed “is guilty of judicial conduct” to “has committed judicial misconduct” and changed “conduct” to “misconduct”; Sec. 45-11f transferred to Sec. 45a-64 in 1991; P.A. 15-217 substituted “a respondent has committed misconduct under subsection (a), (b) or (c) of section 45a-63” for “the judge has committed an act of judicial misconduct under section 45a-63”, deleted provision re entitlement to counsel and substituted reference to respondent for reference to judge of probate re presentation of evidence and right to cross-examine witnesses, effective July 1, 2015.
Annotations to former section 45-11f:
Cited. 193 C. 180; 215 C. 553.
Annotation to present section:
Cited. 224 C 29.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-66. (Formerly Sec. 45-11h). - Witnesses before council.

Any person may be compelled, by subpoena signed by competent authority, to appear before the council to testify regarding any complaint brought to or by the council under section 45a-63, and also to produce before the council, for examination, any books or papers, which in the judgment of the council or the respondent, are relevant to the inquiry, investigation or hearing. While engaged in the discharge of its duties, the council shall have the same authority over witnesses as is provided in section 51-35 and may commit for contempt for a period of no longer than thirty days.
(P.A. 75-592, S. 5; P.A. 80-476, S. 24; P.A. 15-217, S. 14.)
History: P.A. 80-476 reworded provisions but made no substantive change; Sec. 45-11h transferred to Sec. 45a-66 in 1991; P.A. 15-217 substituted “the respondent” for “any judges of probate under investigation”, effective July 1, 2015.
Annotation to former section 45-11h:
Cited. 193 C. 180.
Annotation to present section:
Cited. 222 C. 799.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-67. (Formerly Sec. 45-11i). - Expenses of council paid from probate fund.

Any sums expended to implement the provisions of sections 45a-62 to 45a-66, inclusive, shall be appropriated from the Probate Court Administration Fund established in accordance with section 45a-82.
(P.A. 75-592, S. 6; P.A. 80-476, S. 25.)
History: P.A. 80-476 made no change; Sec. 45-11i transferred to Sec. 45a-67 in 1991.
Annotation to former section 45-11i:
Cited. 193 C. 180.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-74. (Formerly Sec. 45-3a). - Probate Court Administrator. Appointment and term. Service as a judge of probate.

(a) There shall be a Probate Court Administrator who shall be appointed from among the judges of the several courts of probate by the Chief Justice of the Supreme Court to serve at his pleasure. If the Probate Court Administrator is unable by reason of sickness, absence or other disability to perform the duties of his office, or if there is a vacancy in the office of Probate Court Administrator, the Chief Justice shall designate another judge of a court of probate to act in his stead until he resumes his duties or until a new Probate Court Administrator is appointed.
(b) The Probate Court Administrator shall devote full time to the duties of his office except that he may serve as a judge of probate but shall not engage in the private practice of law. Any Probate Court Administrator who continues to serve as a judge of probate shall not receive compensation as a judge of probate or benefits that would ordinarily inure to him as a judge of probate while he is serving as Probate Court Administrator. Any Probate Court Administrator who ceases to serve as a judge of probate may continue to serve as Probate Court Administrator at the pleasure of the Chief Justice.
(P.A. 73-365, S. 1; P.A. 74-94, S. 1, 5; P.A. 80-476, S. 26; P.A. 10-41, S. 6.)
History: P.A. 74-94 specified that administrator shall devote full time to duties, that he may be a judge of probate but not engage in private practice of law and that if he ceases to be a probate judge he may continue to hold office as administrator at chief justice's pleasure; P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-3a transferred to Sec. 45a-74 in 1991; P.A. 10-41 amended Subsec. (b) to provide that any Probate Court Administrator who continues to serve as judge of probate shall not receive compensation or benefits as a judge of probate while serving as Probate Court Administrator, effective May 18, 2010.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-76. (Formerly Sec. 45-4e). - Biennial report by Probate Court Administrator.

The Probate Court Administrator shall file with the Chief Court Administrator, on or before the first day of April of each even-numbered year, a report of the business of the Office of the Probate Court Administrator during the biennium ending on the preceding June thirtieth, together with any information that the Chief Court Administrator may request.
(1967, P.A. 558, S. 9; P.A. 80-476, S. 28; P.A. 93-279, S. 2; P.A. 12-66, S. 7; P.A. 21-100, S. 20.)
History: P.A. 80-476 reworded provisions but made no substantive changes; Sec. 45-4e transferred to Sec. 45a-76 in 1991; P.A. 93-279 deleted provisions re duties of administrator to attend to matters necessary for efficient operation of courts and expeditious dispatch and proper conduct of business of courts and to make recommendations to general assembly re statutory changes to improve administration of courts; P.A. 12-66 substituted provisions re report filed in each even-numbered year re business during biennium ending the preceding June thirtieth for provisions re annual report for the prior calendar year and made a technical change; P.A. 21-100 made a technical change, effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-78. (Formerly Sec. 45-4f). - Rules of procedure for the Probate Courts. Adoption, publication and sale.

(a) The Probate Court Administrator shall, from time to time, recommend to the judges of the Supreme Court, for adoption and promulgation, uniform rules of procedure in the Probate Courts. Any rules of procedure so adopted and promulgated shall be mandatory upon all Probate Courts. To assist the Probate Court Administrator in formulating such recommendations, the Probate Court Administrator shall meet with the Probate Assembly at least annually, and may meet with members of the bar of this state and with the general public. The Probate Court Administrator shall designate no fewer than three Probate Court judges who shall hold a public hearing after reasonable notice is given in the Connecticut Law Journal and otherwise as the Probate Court Administrator deems proper, on any proposed new rule or any change in an existing rule before it is presented to the judges of the Supreme Court for adoption and promulgation.
(b) The Probate Court Administrator shall, from time to time, publish the rules of procedure for the Probate Courts. The Probate Court Administrator may pay the expenses of publication from the fund established under section 45a-82 and shall sell the book of Probate Court rules of procedure, at a price determined by the Probate Court Administrator. The proceeds from the sales shall be added to and shall become a part of said fund.
(1967, P.A. 558, S. 10, 11; P.A. 80-476, S. 30; P.A. 04-257, S. 67; P.A. 13-81, S. 1; P.A. 21-104, S. 15.)
History: P.A. 80-476 reworded provisions but made no substantive changes; Sec. 45-4f transferred to Sec. 45a-78 in 1991; P.A. 04-257 made technical changes in Subsec. (b), effective June 14, 2004; P.A. 13-81 amended Subsec. (b) to replace provision re compiling a probate practice book with provision re publication of rules of procedure for the Probate Courts and substitute “may pay” for “shall pay” from the fund under Sec. 45a-82 re expense of publication, and made technical and conforming changes; P.A. 21-104 amended Subsec. (a) to delete reference to Sec. 51-14 and add provision re Probate Court Administrator designation of no fewer than 3 Probate Court judges to hold public hearing on proposed new rule or change in existing rule, effective June 28, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-79. (Formerly Sec. 45-4g). - Probate judges and court employees to cooperate with administrator.

The judges and employees of the various courts of probate, and the officers and employees of the Probate Assembly, shall cooperate with the Probate Court Administrator and shall provide the administrator or his assistants with information and statistical data bearing on the business of the probate courts which he requests, except for information which is deemed confidential under the laws of this state.
(1967, P.A. 558, S. 12; 1969, P.A. 323, S. 1; P.A. 80-476, S. 31.)
History: 1969 act removed information concerning commitments to mental institutions from exception to disclosure provision; P.A. 80-476 excepted information deemed confidential under state law rather than “confidential information involving adoptions” and reworded provision; Sec. 45-4g transferred to Sec. 45a-79 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-79b. - Special assignment probate judges.

(a) There shall be special assignment probate judges appointed by the Chief Justice of the Supreme Court, on nomination by the Probate Court Administrator, from among the judges of probate elected as provided in section 45a-18. A nominee of the Probate Court Administrator shall have demonstrated the special skill, experience or expertise necessary to serve as a special assignment probate judge. The Probate Court Administrator shall issue regulations pursuant to subsection (b) of section 45a-77 to establish requirements concerning the responsibilities of special assignment probate judges and the number, geographic distribution and expertise of such judges. A special assignment probate judge shall serve at the pleasure of the Chief Justice.
(b) Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of special assignment probate judges appointed pursuant to this section. Such compensation shall, on the order of the Probate Court Administrator, be paid from the Probate Court Administration Fund established under section 45a-82. Such compensation, including compensation that a special assignment probate judge receives as a judge of probate of the district to which the judge was elected, shall not exceed the compensation provided for a judge of probate under subdivision (4) of subsection (a) of section 45a-95a. A special assignment probate judge shall have such benefits as may inure to him or her as a judge of probate and shall receive no additional benefits, except compensation provided under this subsection and retirement benefits calculated in accordance with sections 45a-34 to 45a-54, inclusive.
(P.A. 07-184, S. 13; P.A. 10-34, S. 7; 10-41, S. 3; P.A. 12-66, S. 4.)
History: P.A. 07-184 effective July 1, 2007; P.A. 10-34 made a technical change in Subsec. (a); P.A. 10-41 amended Subsec. (b) to substitute compensation for judge of probate under Sec. 45a-95a(a)(4) for compensation under Sec. 45a-92(k) and make a technical change, effective January 5, 2011; P.A. 12-66 amended Subsec. (b) to add provision re retirement benefits calculated under Secs. 45a-34 to 45a-54, effective July 1, 2012.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-79c. - Court of probate business hours.

(a) A court of probate shall be open to the public for the conduct of court business not less than forty hours each week, Monday through Friday, excluding holidays, on a regular schedule between the hours of eight o'clock a.m. and five o'clock p.m. The judge of probate of a probate district may close a court temporarily owing to inclement weather, an emergency or other good cause. Such judge shall immediately give notice of a temporary closing to the Probate Court Administrator, together with the reason for such closing and the date and time when the court will reopen.
(b) The Probate Court Administrator may, for good cause shown, modify the requirements of this section.
(P.A. 07-184, S. 14; P.A. 09-114, S. 16.)
History: P.A. 07-184 effective July 1, 2007; P.A. 09-114 substituted “forty hours” for “twenty hours” in Subsec. (a), effective January 1, 2011.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-80. (Formerly Sec. 45-4a). - Office space.

(a) The Commissioner of Administrative Services shall provide such office space for the conduct of the duties of the Office of the Probate Court Administrator as the Probate Court Administrator approves. The expenses of the office space shall be paid from the fund established under section 45a-82.
(b) The Probate Court Administrator shall purchase furniture, stationery, office supplies, typewriters, filing cabinets and such other equipment, apparatus and supplies, contractual services and other services as the Probate Court Administrator deems necessary or advisable for the expeditious conduct of the duties of the office and shall pay for them from the fund established under section 45a-82, subject to the provisions of section 45a-83.
(1967, P.A. 558, S. 5; P.A. 77-258, S. 1; 77-614, S. 73, 610; P.A. 80-476, S. 32; P.A. 81-472, S. 74, 159; P.A. 87-496, S. 102, 110; P.A. 93-279, S. 4; P.A. 04-257, S. 68; P.A. 11-51, S. 44; P.A. 21-100, S. 21.)
History: P.A. 77-258 authorized purchase of “contractual services and such other services” as the administrator deems necessary and added proviso limiting expenditures made without chief court administrator's approval; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 80-476 substituted “office space” for “quarters” and reworded provisions; P.A. 81-472 made technical changes; P.A. 87-496 substituted “public works” for “administrative services” commissioner in Subsec. (a); Sec. 45-4a transferred to Sec. 45a-80 in 1991; P.A. 93-279 deleted provision in Subsec. (b) that probate court administrator shall make no expenditure exceeding $100 without approval of chief court administrator; P.A. 04-257 made technical changes, effective June 14, 2004; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2011; P.A. 21-100 made a technical change in Subsec. (a), effective July 1, 2021.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-81. (Formerly Sec. 45-4b). - Assistants and clerical help for Probate Court Administrator.

(a) Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall appoint and fix the compensation of assistants and clerical help necessary to enable him to perform the duties of the office.
(b) Any such assistants who are attorneys-at-law shall be admitted to the practice of law in this state and shall not engage, directly or indirectly, in the practice of law before any court of probate.
(c) The assistants and clerical help so appointed may be employed by the Probate Court Administrator as employees of the Judicial Department.
(d) The Judicial Department shall, on notice from the Probate Court Administrator, include the assistants and clerical help on the payroll of the Judicial Department. On presentation of vouchers by the Judicial Department to the Probate Court Administrator, the Probate Court Administrator shall reimburse the Judicial Department, from the fund established under section 45a-82, for the salary and benefits paid by the Judicial Department to or for the assistants and clerical help included on the Judicial Department payroll.
(e) The assistants and clerical help shall be members of the state employees retirement system and, on presentation of vouchers by the chief of the Retirement Division to the Probate Court Administrator, the administrator shall reimburse the State Employees Retirement Fund from the fund established under section 45a-82 for retirement benefits paid to the assistants and clerical help which exceed the contribution to the State Employees Retirement Fund by the assistants and clerical help.
(1967, P.A. 558, S. 6; 1969, P.A. 160, S. 1; P.A. 77-258, S. 2; P.A. 80-476, S. 33; P.A. 81-472, S. 75, 159; P.A. 18-75, S. 3.)
History: 1969 act amplified provisions re employment of assistants and clerical help as to their inclusion as judicial department employees, reimbursement to judicial department of salaries and benefits amounts, inclusion in retirement system, etc. and deleted provision which had required that employees' and assistants' compensation be paid from trust fund established under Sec. 45-4h; P.A. 77-258 specified assistants who are attorneys at law; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 81-472 made technical changes; Sec. 45-4b transferred to Sec. 45a-81 in 1991; P.A. 18-75 amended Subsec. (d) by deleting references to executive secretary and replacing “he” with “the Probate Court Administrator”, effective June 4, 2018.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-83. (Formerly Sec. 45-4i). - Payment of expenses. Transfers from General Fund.

If at any time the fund established under section 45a-82 is insufficient to pay the several charges to be paid from it, the Comptroller shall draw his order on the Treasurer for payment, from the General Fund, of such sums as are necessary to pay such charges. When the amount in the fund established under said section is more than sufficient to meet the requirements imposed upon it by law, other than amounts which are required to make the retirement fund established under section 45a-35 actuarially sound, all as certified by the Probate Court Administrator, there shall be paid over to the General Fund from the fund established under section 45a-82 any moneys paid from the General Fund under this section.
(1967, P.A. 558, S. 55; P.A. 80-476, S. 35; P.A. 04-257, S. 70.)
History: P.A. 80-476 reworded provisions but made no substantive changes; Sec. 45-4i transferred to Sec. 45a-83 in 1991; P.A. 04-257 made technical changes, effective June 14, 2004.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-85. - Probate Court Budget Committee. Duties. Transfer and use of funds for Probate Court's office budget.

(a) The Probate Court Administrator shall establish a Probate Court Budget Committee consisting of the Probate Court Administrator and two probate judges appointed by the Connecticut Probate Assembly. The Probate Court Administrator shall serve as chairperson of the committee.
(b) Not later than June 30, 2010, and annually thereafter, the committee shall establish, in accordance with the criteria established in regulations issued pursuant to subsection (b) of section 45a-77: (1) A compensation plan, which plan shall include employee benefits, for employees of the Probate Courts, (2) staffing levels for each Probate Court, and (3) an office budget for each Probate Court. Such compensation plan, staffing levels and office budgets shall be established within the expenditures and anticipated available funds in the proposed budget established pursuant to section 45a-84.
(c) The Probate Court Administrator shall annually transfer to each Probate Court the amount budgeted under subsection (b) of this section for a Probate Court's office budget. The transfer shall be made from the Probate Court Administration Fund established under section 45a-82. Each Probate Court shall establish and maintain a checking account in the name of the court at a financial institution, as defined in section 36a-330, to hold and manage the office budget funds. A Probate Court shall deposit all office budget funds into the account and disburse from the account all payments for expenditures permitted under the office budget. A Probate Court shall not commingle office budget funds with funds from any other source. The provisions of sections 4-33 and 4-98 shall not apply to the management of office budget funds under this section.
(P.A. 09-114, S. 11; P.A. 14-103, S. 15; P.A. 15-217, S. 18; P.A. 16-193, S. 18.)
History: P.A. 09-114 effective June 9, 2009; P.A. 14-103 deleted former Subsec. (c) re annual report on committee's efforts to reduce costs and potential cost saving measures resulting from probate court mergers, effective July 1, 2014; P.A. 15-217 amended Subsec. (b) by making technical changes and deleting “a miscellaneous” in Subdiv. (3), and added Subsec. (c) re transfer and use of funds for each Probate Court's office budget, effective July 2, 2015; P.A. 16-193 made a technical change in Subsec. (a).
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-90. (Formerly Sec. 45-24). - Connecticut Probate Assembly. Meetings. Powers and duties.

(a) There shall be an assembly of the elected and qualified acting judges of the courts of probate, to be known as the Connecticut Probate Assembly, of which all judges of probate shall be members. The annual meeting of the assembly shall be held on any day in April in the Supreme Court room at Hartford. Other stated or special meetings of the assembly shall be held as provided in its bylaws.
(b) The assembly shall transact any business which may properly come before its meetings and which pertains to the probate courts, the improvement of and uniformity in their procedure and practice, the administration of justice in the courts of probate and the administration of the assembly. The assembly may make such recommendations to the Probate Court Administrator as it sees fit regarding any or all of these matters. The assembly may adopt bylaws to govern it and its meetings.
(c) Any probate magistrate or attorney probate referee appointed pursuant to section 45a-123a may attend any annual or special meeting of the assembly or any educational program of the assembly, but shall have no vote in any decision of the assembly.
(1949 Rev., S. 6831; 1957, P.A. 651, S. 19; 1967, P.A. 558, S. 21; P.A. 79-286; P.A. 80-476, S. 18; P.A. 09-114, S. 20.)
History: 1967 act authorized assembly to transact business pertaining to “administration of justice in the courts of probate and ... of the assembly” and to make recommendations to probate court administrator and deleted provisions re assembly's powers to establish uniform rules, practice and procedure, to clarify and revise state probate laws and to prepare schedule of probate fees; P.A. 79-286 changed annual meeting from “the third Wednesday in January” to “any day in April”; P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-24 transferred to Sec. 45a-90 in 1991; P.A. 09-114 added Subsec. (c) re attendance of probate magistrates and attorney probate referees at meetings of assembly.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-91. (Formerly Sec. 45-25). - Officers and committees.

The officers and committees of said assembly and their duties shall be such as may be provided for in its bylaws. Any vacancy occurring in any office shall be filled according to the provisions of the bylaws of said assembly.
(1949 Rev., S. 6832; 1957, P.A. 651, S. 20; March, 1958, P.A. 27, S. 17; 1967, P.A. 558, S. 22.)
History: 1967 act deleted provision which made assembly's presiding officer “the chief judge appointed as provided in section 51-4” and further deleted provisions re appointment and compensation of executive secretary and treasurer, appointment and compensation of employees and treasurer's required posting of bond; Sec. 45-25 transferred to Sec. 45a-91 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-94. (Formerly Sec. 45-25b). - Temporary funding of probate court. Conditions. Term of loan. Interest.

Section 45a-94 is repealed, effective January 5, 2011.
(P.A. 87-187, S. 2, 3; P.A. 09-114, S. 25.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-95. - Compensation of probate judges on and after January 5, 2011: Definitions.

As used in this section and section 45a-95a:
(1) “Band 1 probate district” means a probate district that has a population of less than forty thousand, except a probate district that has a population of less than forty thousand with an annual weighted-workload of at least three thousand, but less than four thousand one hundred, which constitutes a band 2 probate district.
(2) “Band 2 probate district” means a probate district that has a population of at least forty thousand but less than fifty thousand, except that a probate district with less than forty thousand with an annual weighted-workload of at least three thousand, but less than four thousand one hundred, shall be a band 2 probate district.
(3) “Band 3 probate district” means a probate district that has a population of at least fifty thousand but less than sixty thousand, except that a probate district with less than fifty thousand with an annual weighted-workload of at least four thousand one hundred, but less than four thousand nine hundred, shall be a band 3 probate district.
(4) “Band 4 probate district” means a probate district that has a population of sixty thousand or more, except that a probate district with less than sixty thousand with an annual weighted-workload of at least four thousand nine hundred, shall be a band 4 probate district.
(5) “Population” means the annual population estimate by the Department of Public Health for each city or town as of October first of the immediately preceding calendar year.
(6) “Annual weighted-workload” means the annual weighted-workload for the immediately preceding fiscal year as defined in regulations issued by the Probate Court Administrator pursuant to subsection (b) of section 45a-77.
(P.A. 09-114, S. 12; P.A. 10-34, S. 10.)
History: P.A. 09-114 effective January 5, 2011; P.A. 10-34 made a technical change in Subdiv. (6), effective January 5, 2011.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801 - Probate Court: Administrative Provisions › Section 45a-95a. - Compensation of probate judges on and after January 5, 2011.

(a) Notwithstanding any provision of this title concerning compensation for judges of probate, and subject to the provisions of subsections (b) and (c) of this section, for any calendar year, compensation for judges of probate shall be determined as follows:
(1) A judge of probate who serves a band 1 probate district shall receive annual compensation equal to forty-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47.
(2) A judge of probate who serves a band 2 probate district shall receive annual compensation equal to fifty-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47.
(3) A judge of probate who serves a band 3 probate district shall receive annual compensation equal to sixty-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47.
(4) A judge of probate who serves a band 4 probate district shall receive annual compensation equal to seventy-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47.
(b) Notwithstanding the provisions of subsection (a) of this section, no judge of probate in office on January 4, 2011, may, for the term of office beginning January 5, 2011, and ending January 6, 2015, receive compensation under subsection (a) of this section that is less than eighty per cent of the average annual compensation for the judge of probate during the three-year period from January 1, 2008, to December 31, 2010, inclusive. The provisions of this subsection shall not apply to the compensation of a judge of probate whose district results from a merger that becomes effective on January 5, 2011, or to any person first elected to serve as a judge of probate for a term beginning on or after January 5, 2011.
(c) For any calendar year, compensation of any judge of probate who assumes office or ceases to hold office during such calendar year shall be determined by multiplying the judge's annual compensation determined in accordance with subsections (a) and (b) of this section by a fraction with the number of days served during the calendar year as the numerator of the fraction and three hundred sixty-five as the denominator of the fraction.
(P.A. 09-114, S. 13.)
History: P.A. 09-114 effective January 5, 2011.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801a - Probate Court: Jurisdiction, Powers › Section 45a-98a. - Jurisdiction of Probate Court to determine title or rights or to construe instruments. Limitations. Affidavit of intent to claim jury trial, effect on Probate Court proceedings.

(a) The Probate Court shall have jurisdiction under subdivision (3), (4) or (5) of subsection (a) of section 45a-98 only if (1) the matter in dispute is not pending in another court of competent jurisdiction and (2) the Probate Court does not decline jurisdiction. Before the initial hearing on the merits of a matter in dispute in which jurisdiction is based on subdivision (3), (4) or (5) of subsection (a) of section 45a-98, the Probate Court may, on its own motion, decline to take jurisdiction of the matter in dispute. Before the initial hearing on the merits of such a matter, any interested person may file an affidavit that such person is entitled and intends under section 52-215 to claim a trial of the matter by jury. In that case, the Probate Court shall allow the person filing the affidavit a period of sixty days within which to bring an appropriate civil action in the Superior Court to resolve the matter in dispute. If such an action is brought in the Superior Court, the matter, after determination by the Superior Court, shall be returned to the Probate Court for completion of the Probate Court proceedings.
(b) If a party fails to file an affidavit of intent to claim a jury trial prior to the initial hearing in the Probate Court on the merits, or having filed such an affidavit, fails to bring an action in the Superior Court within the sixty-day period allowed by the Probate Court, the party shall be deemed to have consented to a hearing on the matter in the Probate Court and to have waived any right under section 52-215 or other applicable law to a trial by jury.
(P.A. 93-279, S. 7; P.A. 98-219, S. 5.)
History: P.A. 98-219 amended Subsec. (a) by adding references to Sec. 45a-98(a)(5).
Cited. 44 CS 592.
Subsec. (a):
Exception regarding actions over which courts of probate have original jurisdiction does not apply because Probate Court lacked original jurisdiction over the foreclosure action, which included the deficiency proceeding, and which was pending in the Superior Court which had competent jurisdiction. 206 CA 178.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801a - Probate Court: Jurisdiction, Powers › Section 45a-98b. - Power to issue order for disclosure of relevant medical information.

In any proceeding before a court of probate, the court may issue an order for the disclosure of medical information relevant to the determination of the matter before the court. The order may require the disclosure of such medical information to: (1) The court; (2) any executor, administrator, conservator, guardian or trustee appointed by the court; (3) any attorney representing the individual who is the subject of such medical information; (4) any guardian ad litem for the individual who is the subject of such medical information; (5) any physician, psychiatrist or psychologist who has been ordered by the court to conduct an examination of such individual; or (6) any other party to the proceeding determined by the court to require such medical information in the interests of justice. Any such medical information filed with the court shall be confidential.
(P.A. 04-142, S. 7.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 801a - Probate Court: Jurisdiction, Powers › Section 45a-98c. - Authority of Probate Court to serve as passport acceptance agency.

The judge of each Probate Court may elect to have the court serve as a passport acceptance agency in accordance with 22 USC 211a and 22 CFR 51.22.
(P.A. 15-217, S. 25.)
History: P.A. 15-217 effective July 2, 2015.