Title 45a, Title 45a: Probate Courts and Procedure

Secs. 45a-13 to 45a-17. Reserved for future use. PART II PROBATE JUDGES

Sec. 45a-18. (Formerly Sec. 45-5). Election of judges. Term of office. Clerks. Judges first elected or with break in service on or after January 5, 2011, to be members of state bar. (a) There shall be a court of probate in each probate district held by one judge elected by the el…

Sec. 45a-19. (Formerly Sec. 45-6). Electoral status of judges. Each judge of probate shall be an elector of a town within the district in which he is elected to serve. If for any reason he ceases to be an elector of a town within such district, he shall thereupon cease to hold of…

Sec. 45a-2. (Formerly Sec. 45-1). Probate districts. There shall be fifty-four probate districts in this state, for all purposes for which they are constituted, that shall comprise the towns that are set forth as follows: (1) The town of Hartford. (2) The town of West Hartford. (…

Sec. 45a-20. (Formerly Sec. 45-4k). Payment of three-judge court. When a three-judge court is appointed by the Probate Court Administrator, the administrator may pay from the fund authorized under section 45a-82 a per diem rate not to exceed two hundred fifty dollars for each jud…

Sec. 45a-21. (Formerly Sec. 45-4c). Court employees to serve at pleasure of judge. Probate Court employees shall not be deemed state employees and shall serve at the pleasure of the judge of the court of probate in which they are employed. (1967, P.A. 558, S. 7; 1969, P.A. 308.) …

Sec. 45a-22. (Formerly Sec. 45-8). Disqualification of judge and of corporation of which he is director or officer. When there is so near a relationship between any deceased person or any legatee, devisee, heir, spouse or creditor of such deceased person, and a judge of probate, …

Sec. 45a-23. (Formerly Sec. 45-8a). Use of office or confidential information for financial gain prohibited. No judge of probate shall use his public office or any confidential information received through his holding public office to obtain financial gain for himself, his spouse…

Sec. 45a-24. (Formerly Sec. 45-9). Validity of orders, judgments and decrees. Every order, judgment or decree of a court of probate made by a judge who is disqualified shall be valid unless an appeal is taken as hereinafter specified. All orders, judgments and decrees of courts o…

Sec. 45a-25. (Formerly Sec. 45-11b). Probate judge not to appear as attorney in contested matter in probate court. (a) A judge of probate shall not appear as attorney in any contested matter in any court of probate. (b) For the purposes of subsection (a) of this section, a matter…

Sec. 45a-26. (Formerly Sec. 45-11c). Partner or associate of probate judge not to practice law in judge's court. A partner or associate of a judge of probate shall not engage in the practice of law in the court of probate in which such judge holds office. For the purposes of this…

Sec. 45a-27. Training program required for judges. Curriculum established by Probate Court Administrator. (a) Each person who is elected to a first term as a judge of probate after October 1, 1993, shall complete the training program established pursuant to subsection (b) of this…

Sec. 45a-27a. Failure to complete training within required time. Request for extension. Referral to Council on Probate Judicial Conduct for failure to maintain professional competence. (a) If a probate judge is unable to complete training required pursuant to section 45a-27 withi…

Secs. 45a-28 to 45a-33. Reserved for future use. PART III RETIREMENT BENEFITS

Sec. 45a-2a. Probate district names. Designation. Publication. The Probate Court Administrator shall designate a name for each probate district established in section 45a-2. Prior to designating such names, the Probate Court Administrator may consult with affected probate judges …

Secs. 45a-3 to 45a-6. (Formerly Secs. 45-1d to 45-1g). Probate district of Griswold established. Probate district of West Hartford established. Probate district of Woodbridge established. Probate district of Bloomfield established. Sections 45a-3 to 45a-6, inclusive, are repealed…

Sec. 45a-34. (Formerly Sec. 45-29a). Definitions. The following words and phrases as used in sections 45a-34 to 45a-54, inclusive, and section 45a-75 except as otherwise provided, shall have the following meanings: (1) “Average final compensation” means, (A) in the case of a judg…

Sec. 45a-35. (Formerly Sec. 45-29b). Probate Judges and Employees Retirement Fund. The Connecticut Probate Judges and Employees Retirement Fund is established, and shall consist of amounts transferred from the fund as provided by section 45a-82 and contributions under sections 45…

Sec. 45a-36. (Formerly Sec. 45-29c). Retirement qualifications. (a) Judges of probate courts in office on or after December 31, 1966, and employees of such courts, who have completed at least ten years of credited service shall be eligible to retire and thereupon to receive norma…

Sec. 45a-36a. Retirement credit for judge in office on or after October 1, 1997, whose probate district is merged on or before January 5, 2011, and who is not reelected. Any judge of probate in office on or after October 1, 1997, whose probate district is merged with another dist…

Sec. 45a-37. (Formerly Sec. 45-29d). Retirement date. (a) Any employee of a court of probate shall be retired on the first day of any month after he has become eligible for retirement, on the recommendation of the judge of the probate court by which he is employed. (b) Any employ…

Sec. 45a-38. (Formerly Sec. 45-29e). Retirement of employee after ten years of service. (a) If any employee of a court of probate is separated on or after January 1, 1972, from the service of the court by which he is employed, and after completing at least ten years of credited s…

Sec. 45a-39. (Formerly Sec. 45-29f). Retirement of judge after ten years of service. If any judge of probate is separated after January 1, 1972, from the service of his court after having completed ten years of credited service as judge of probate, he may elect to take a retireme…

Sec. 45a-40. (Formerly Sec. 45-29g). Disability retirement. (a) Any employee or judge of probate who has completed at least ten years of credited service shall be eligible for retirement and for a retirement allowance if he becomes permanently and totally disabled from engaging i…

Sec. 45a-41. (Formerly Sec. 45-29h). Retirement allowance. Annual adjustments in retirement allowances. (a) After retirement in accordance with the provisions of sections 45a-34 to 45a-53, inclusive, each member of the retirement fund who is not entitled to benefits under the Old…

Sec. 45a-42. (Formerly Sec. 45-29i). Reemployment after retirement. An employee who is retired under sections 45a-34 to 45a-53, inclusive, and who again accepts appointment as an employee of a court of probate to render services for more than ninety working days in any year, shal…

Sec. 45a-43. (Formerly Sec. 45-29j). Husband and wife retirement income option. (a) Except as provided in subsection (d) of this section and subdivision (5) of this subsection, each married member shall, subject to regulations issued by the Retirement Commission, make an election…

Sec. 45a-44. (Formerly Sec. 45-29k). Retirement contributions of employees. (a) Each employee shall contribute to the fund three and three-quarters per cent of that portion of the employee's pay from which contributions are not to be deducted under the Federal Old Age and Survivo…

Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges. (a) Each judge of probate shall contribute to the fund three and three-quarters per cent of that portion of the judge's annual compensation, including any compensation received as an administrative judge for…

Sec. 45a-46. (Formerly Sec. 45-29m). Refund of contributions after death. (a) A member's contributions to the fund, without interest and less any retirement allowance paid to him or his spouse, shall be paid from the fund on the order of the Retirement Commission to the beneficia…

Sec. 45a-47. (Formerly Sec. 45-29n). Employment by more than one probate court. (a) Any employee of a court of probate who accepts employment with another court of probate shall be credited for retirement purposes with the entire period of his service with all courts of probate a…

Sec. 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…

Sec. 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 fun…

Sec. 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 Com…

Sec. 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 employe…

Sec. 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…

Sec. 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,…

Sec. 45a-54. (Formerly Sec. 45-29w). Credit for military service and General Assembly service. (a) Any judge or employee who is not yet receiving a retirement allowance may apply to the Retirement Commission for credit for service as a member of the General Assembly and for milit…

Sec. 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, inclus…

Sec. 45a-56. (Formerly Sec. 45-29y). Hospitalization and medical and surgical insurance and dental insurance plan. Eligibility. Payment of premium. Election to participate in dental insurance plan. (a) Notwithstanding the provisions of section 5-259, the Comptroller, with the app…

Sec. 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.)

Secs. 45a-58 to 45a-61. Reserved for future use. PART IV COUNCIL ON PROBATE JUDICIAL CONDUCT

Sec. 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 Just…

Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges, probate magistrates, attorney probate referees and judicial candidates. (a) The Council on Probate Judicial Conduct shall investigate every written complaint brought before it …

Sec. 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 “miscon…

Sec. 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…