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

Sec. 45a-142. (Formerly Sec. 45-39). Filing and recording bonds. The Court of Probate shall cause all bonds taken by it to be filed and recorded. In case of the loss of any bond, a certified copy of the record of the bond shall be admissible in evidence. (1949 Rev., S. 6846; P.A.…

Sec. 45a-143. (Formerly Sec. 45-36). Examination of estate. Removal of principal. (a) The surety upon any bond taken by any court of probate, or any person interested in the bond, may at any time make written application to such court for an order requiring the principal to exhib…

Sec. 45a-144. (Formerly Sec. 45-40). Action on probate bond by aggrieved person. (a) Any person claiming to be aggrieved by the breach of a probate bond, as representative of the estate in connection with which the bond was given, or in his own right or in the right of himself an…

Sec. 45a-145. (Formerly Sec. 45-41). Enforcement of judgment on bond. (a) Any representative of an estate or any person suing on his own behalf and that of all others interested in the estate, who secures a judgment upon a probate bond, may file a judgment lien in his own name as…

Secs. 45a-146 to 45a-150. Reserved for future use. PART IV* COMPROMISE, SETTLEMENT AND ARBITRATIONOF CLAIMS *Annotation to former chapter 791: Cited. 153 C. 57.

Sec. 45a-151. (Formerly Sec. 45-231). Compromise and settlement of claims. Conveyance of real property. (a) Upon application by executors, guardians, conservators, administrators and trustees appointed, or whose appointment has been approved, by the Court of Probate, the court ma…

Sec. 45a-152. (Formerly Sec. 45-268a). Suit upon claims. Time limitation. When any guardian, conservator or testamentary or other trustee required to account in a court of probate is unable to settle or adjust any claim against him as such, or when any such guardian, conservator …

Sec. 45a-153. (Formerly Sec. 45-232). Submission of claims to arbitration. (a) An executor, administrator, conservator, guardian or trustee appointed, or whose appointment has been approved, by a Probate Court, may apply in writing to the Probate Court having jurisdiction of his …

Sec. 45a-154. (Formerly Sec. 45-233). Award of arbitrators. The award made upon submission to arbitration shall be in writing, signed by the arbitrator or arbitrators and returned to the Court of Probate. When the award is so made and accepted by the court and lodged on file, the…

Sec. 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…

Sec. 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…

Secs. 45a-157 to 45a-161. Reserved for future use. PART V* SALE OR MORTGAGE OF ESTATE PROPERTY *Annotation to former chapter 792: Cited. 153 C. 57.

Sec. 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 prope…

Sec. 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 othe…

Sec. 45a-164. (Formerly Sec. 45-238). Sale or mortgage of real property. (a) Upon the written application of the conservator of the estate of any person, guardian of the estate of any minor, temporary administrator, administrator or trustee appointed by the court, including a tru…

Sec. 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-16…

Sec. 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…

Sec. 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 accorda…

Sec. 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 nec…

Sec. 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 ma…

Secs. 45a-170 to 45a-174. Reserved for future use. PART VI* ACCOUNTS *Annotation to former chapter 794: Cited. 153 C. 57.

Sec. 45a-175. (Formerly Sec. 45-267). Jurisdiction of accounts of fiduciaries. Appointment of auditor to examine accounts, when. (a) Probate Courts shall have jurisdiction of the interim and final accounts of testamentary trustees, trustees appointed by the Probate Courts, conser…

Sec. 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 approv…

Sec. 45a-177. (Formerly Sec. 45-268). Periodic rendering of accounts; hearing. Exceptions. (a) All conservators, guardians and trustees of testamentary trusts, unless excused by the will creating the trust, shall render periodic accounts of their trusts signed under penalty of fa…

Sec. 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…

Sec. 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 acco…

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-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 dece…

Sec. 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 accor…

Secs. 45a-182 to 45a-185. Reserved for future use. PART VII* PROBATE APPEALS *Annotations to former chapter 796: Cited. 153 C. 57; 195 C. 123; 211 C. 121.

Sec. 45a-186. (Formerly Sec. 45-288). Appeals from probate. Venue. Service of process. Referral to special assignment probate judge. (a) As used in this section and section 45a-187, “electronic service” has the same meaning as provided in section 45a-136f. (b) Any person aggrieve…

Sec. 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…

Sec. 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,…

Sec. 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 …

Sec. 45a-187. (Formerly Sec. 45-289). Time of taking appeals. (a) An appeal by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to…

Sec. 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 …

Sec. 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.)

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-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.)

Secs. 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.)

Sec. 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 b…

Secs. 45a-194 to 45a-198. Reserved for future use.

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…