CHAPTER 801
PROBATE COURT: ADMINISTRATIVE PROVISIONS

Table of Contents

Sec. 45a-1. (Formerly Sec. 45-2a). "District" defined.
Sec. 45a-2. (Formerly Sec. 45-1). Probate districts.
Sec. 45a-3. (Formerly Sec. 45-1d). Probate district of Griswold established.
Sec. 45a-4. (Formerly Sec. 45-1e). Probate district of West Hartford established.
Sec. 45a-5. (Formerly Sec. 45-1f). Probate district of Woodbridge established.
Sec. 45a-6. (Formerly Sec. 45-1g). Probate district of Bloomfield established.
Sec. 45a-6a. Probate district of Eastford established.
Sec. 45a-6b. Probate district of Stafford established.
Sec. 45a-6c. Probate district of Mansfield established.
Sec. 45a-6d. Probate district of New Hartford established.
Sec. 45a-6e. Probate district of Woodbury established.
Sec. 45a-6f. Probate district of New Fairfield established.
Sec. 45a-6g. Probate district of Plainfield established.
Sec. 45a-6h. Probate district of Colchester established.
Sec. 45a-6i. Probate district of the Northwest Corner established.
Sec. 45a-6j. Probate district of Suffield-East Granby established.
Sec. 45a-6k. Probate district of Litchfield established.
Sec. 45a-7. (Formerly Sec. 45-3). Where court held.
Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts.
Sec. 45a-8a. Regional children's probate courts.
Sec. 45a-9. (Formerly Sec. 45-13). Indexes.
Sec. 45a-10. (Formerly Sec. 45-14). Fire-resistant safe or vault. Office space to be provided for records.
Sec. 45a-11. (Formerly Sec. 45-15). Certification of records and files.
Sec. 45a-12. (Formerly Sec. 45-16). Copies of probate records required by Veterans' Administration to be furnished.
Secs. 45a-13 to 45a-17.
Sec. 45a-18. (Formerly Sec. 45-5). Election of judges. Term of office. Clerks.
Sec. 45a-19. (Formerly Sec. 45-6). Electoral status of judges.
Sec. 45a-20. (Formerly Sec. 45-4k). Payment of three-judge court.
Sec. 45a-21. (Formerly Sec. 45-4c). Court employees to serve at pleasure of judge.
Sec. 45a-22. (Formerly Sec. 45-8). Disqualification of judge and of corporation of which he is director or officer.
Sec. 45a-23. (Formerly Sec. 45-8a). Use of office or confidential information for financial gain prohibited.
Sec. 45a-24. (Formerly Sec. 45-9). Validity of orders, judgments and decrees.
Sec. 45a-25. (Formerly Sec. 45-11b). Probate judge not to appear as attorney in contested matter in probate court.
Sec. 45a-26. (Formerly Sec. 45-11c). Partner or associate of probate judge not to practice law in judge's court.
Sec. 45a-27. Training program required for judges. Curriculum established by Probate Court Administrator.
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.
Secs. 45a-28 to 45a-33.
Sec. 45a-34. (Formerly Sec. 45-29a). Definitions.
Sec. 45a-35. (Formerly Sec. 45-29b). Probate Judges and Employees Retirement Fund.
Sec. 45a-36. (Formerly Sec. 45-29c). Retirement qualifications.
Sec. 45a-36a. Retirement of judge in office on or after October 1, 1997, where probate district merged and judge not elected to term commencing at time of or subsequent to consolidation.
Sec. 45a-37. (Formerly Sec. 45-29d). Retirement date.
Sec. 45a-38. (Formerly Sec. 45-29e). Retirement of employee after ten years of service.
Sec. 45a-39. (Formerly Sec. 45-29f). Retirement of judge after ten years of service.
Sec. 45a-40. (Formerly Sec. 45-29g). Disability retirement.
Sec. 45a-41. (Formerly Sec. 45-29h). Retirement allowance. Annual adjustments in retirement allowances.
Sec. 45a-42. (Formerly Sec. 45-29i). Reemployment after retirement.
Sec. 45a-43. (Formerly Sec. 45-29j). Husband and wife retirement income option.
Sec. 45a-44. (Formerly Sec. 45-29k). Retirement contributions of employees.
Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges.
Sec. 45a-46. (Formerly Sec. 45-29m). Refund of contributions after death.
Sec. 45a-47. (Formerly Sec. 45-29n). Employment by more than one probate court.
Sec. 45a-48. (Formerly Sec. 45-29o). Benefits not assignable.
Sec. 45a-49. (Formerly Sec. 45-29p). Disposition of retirement contributions.
Sec. 45a-50. (Formerly Sec. 45-29q). Administration of retirement allowances.
Sec. 45a-51. (Formerly Sec. 45-29r). Liability of courts.
Sec. 45a-52. (Formerly Sec. 45-29s). Liability of retirement fund in event of statutory change.
Sec. 45a-53. (Formerly Sec. 45-29t). Service as judge and employee.
Sec. 45a-54. (Formerly Sec. 45-29w). Credit for military service and General Assembly service.
Sec. 45a-55. (Formerly Sec. 45-29x). Retirement benefit claims. Denial. Review.
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.
Sec. 45a-57. Hospitalization and medical and surgical insurance plan. Eligibility. Payment of premium.
Secs. 45a-58 to 45a-61.
Sec. 45a-62. (Formerly Sec. 45-11d). Council on Probate Judicial Conduct.
Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges.
Sec. 45a-63a. Limitation of complaint for judicial misconduct.
Sec. 45a-64. (Formerly Sec. 45-11f). Hearing.
Sec. 45a-65. (Formerly Sec. 45-11g). Report of council's findings. Public admonishment; private admonishment; public censure; impeachment; exoneration.
Sec. 45a-66. (Formerly Sec. 45-11h). Witnesses before council.
Sec. 45a-67. (Formerly Sec. 45-11i). Expenses of council paid from probate fund.
Sec. 45a-68. (Formerly Sec. 45-11j). Judge to file statement of financial interests.
Secs. 45a-69 to 45a-73.
Sec. 45a-74. (Formerly Sec. 45-3a). Probate Court Administrator. Appointment and term.
Sec. 45a-75. (Formerly Sec. 45-29u). Probate Court Administrator, salary and benefits.
Sec. 45a-76. (Formerly Sec. 45-4e). Annual report by Probate Court Administrator.
Sec. 45a-77. (Formerly Sec. 45-4d). Powers of administrator. Legislative recommendations. Regulations. Administrator to review procedures of probate courts.
Sec. 45a-78. (Formerly Sec. 45-4f). Rules for probate practice and procedure. Practice book.
Sec. 45a-79. (Formerly Sec. 45-4g). Probate judges and court employees to cooperate with administrator.
Sec. 45a-80. (Formerly Sec. 45-4a). Office space.
Sec. 45a-81. (Formerly Sec. 45-4b). Assistants and clerical help for Probate Court Administrator.
Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund and General Fund. Annual accounting. Transfer to court of probate for financial assistance. Regulations.
Sec. 45a-83. (Formerly Sec. 45-4i). Payment of expenses. Transfers from General Fund.
Sec. 45a-84. Administrator to prepare annual proposed budget. Review by Probate Assembly. Final budget to Chief Court Administrator for approval. Request to Chief Court Administrator for authorization to expend additional moneys for emergencies.
Secs. 45a-85 to 45a-89.
Sec. 45a-90. (Formerly Sec. 45-24). Connecticut Probate Assembly; meeting; powers and duties.
Sec. 45a-91. (Formerly Sec. 45-25). Officers and committees.
Sec. 45a-92. (Formerly Sec. 45-26). Payments to State Treasurer.
Sec. 45a-93. (Formerly Sec. 45-25a). Payments to probate judges who leave office.
Sec. 45a-94. (Formerly Sec. 45-25b). Temporary funding of probate court. Conditions. Term of loan. Interest.
Secs. 45a-95 to 45a-97.

PART I
PROBATE COURTS IN GENERAL

      Sec. 45a-1. (Formerly Sec. 45-2a). "District" defined. As used in 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-94, 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, "district" means probate district.

      (P.A. 80-476, S. 1.)

      History: Sec. 45-2a transferred to Sec. 45a-1 in 1991.

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      Sec. 45a-2. (Formerly Sec. 45-1). Probate districts. The probate districts of the state, for all purposes for which they were constituted, shall be as follows:

(a) Hartford County

      The district of Hartford, consisting of the town of Hartford.

      The district of Avon, consisting of the town of Avon.

      The district of Berlin, consisting of the towns of Berlin and New Britain.

      The district of Bloomfield, consisting of the town of Bloomfield.

      The district of Bristol, consisting of the town of Bristol.

      The district of Burlington, consisting of the town of Burlington.

      The district of Canton, consisting of the town of Canton.

      The district of East Hartford, consisting of the town of East Hartford.

      The district of East Windsor, consisting of the towns of East Windsor and South Windsor.

      The district of Enfield, consisting of the town of Enfield.

      The district of Farmington, consisting of the town of Farmington.

      The district of Glastonbury, consisting of the town of Glastonbury.

      The district of Granby, consisting of the town of Granby.

      The district of Manchester, consisting of the town of Manchester.

      The district of Marlborough, consisting of the town of Marlborough.

      The district of Newington, consisting of the towns of Newington, Rocky Hill and Wethersfield.

      The district of Plainville, consisting of the town of Plainville.

      The district of Simsbury, consisting of the town of Simsbury.

      The district of Southington, consisting of the town of Southington.

      The district of Suffield-East Granby, consisting of the towns of Suffield and East Granby.

      The district of West Hartford, consisting of the town of West Hartford.

      The district of Windsor, consisting of the town of Windsor.

      The district of Windsor Locks, consisting of the town of Windsor Locks.

(b) New Haven County

      The district of New Haven, consisting of the town of New Haven.

      The district of Bethany, consisting of the town of Bethany.

      The district of Branford, consisting of the town of Branford.

      The district of Cheshire, consisting of the towns of Cheshire and Prospect.

      The district of Derby, consisting of the towns of Derby, Ansonia and Seymour.

      The district of East Haven, consisting of the town of East Haven.

      The district of Guilford, consisting of the town of Guilford.

      The district of Hamden, consisting of the town of Hamden.

      The district of Madison, consisting of the town of Madison.

      The district of Meriden, consisting of the town of Meriden.

      The district of Milford, consisting of the town of Milford.

      The district of Naugatuck, consisting of the towns of Naugatuck and Beacon Falls.

      The district of North Branford, consisting of the town of North Branford.

      The district of North Haven, consisting of the town of North Haven.

      The district of Orange, consisting of the town of Orange.

      The district of Oxford, consisting of the town of Oxford.

      The district of Southbury, consisting of the town of Southbury.

      The district of Wallingford, consisting of the town of Wallingford.

      The district of Waterbury, consisting of the towns of Waterbury, Middlebury and Wolcott.

      The district of West Haven, consisting of the town of West Haven.

      The district of Woodbridge, consisting of the town of Woodbridge.

(c) New London County

      The district of New London, consisting of the towns of New London and Waterford.

      The district of Norwich, consisting of the towns of Norwich, Franklin, Lisbon, Preston, Sprague and Voluntown.

      The district of Bozrah, consisting of the town of Bozrah.

      The district of Colchester, consisting of the towns of Colchester and Lebanon.

      The district of East Lyme, consisting of the town of East Lyme.

      The district of Griswold, consisting of the town of Griswold.

      The district of Groton, consisting of the town of Groton.

      The district of Ledyard, consisting of the town of Ledyard.

      The district of Lyme, consisting of the town of Lyme.

      The district of Montville, consisting of the town of Montville.

      The district of North Stonington, consisting of the town of North Stonington.

      The district of Old Lyme, consisting of the town of Old Lyme.

      The district of Salem, consisting of the town of Salem.

      The district of Stonington, consisting of the town of Stonington.

(d) Fairfield County

      The district of Bridgeport, consisting of the town of Bridgeport.

      The district of Danbury, consisting of the town of Danbury.

      The district of Bethel, consisting of the town of Bethel.

      The district of Brookfield, consisting of the town of Brookfield.

      The district of Darien, consisting of the town of Darien.

      The district of Fairfield, consisting of the town of Fairfield.

      The district of Greenwich, consisting of the town of Greenwich.

      The district of New Canaan, consisting of the town of New Canaan.

      The district of New Fairfield, consisting of the towns of New Fairfield and Sherman.

      The district of Newtown, consisting of the town of Newtown.

      The district of Norwalk, consisting of the towns of Norwalk and Wilton.

      The district of Redding, consisting of the town of Redding.

      The district of Ridgefield, consisting of the town of Ridgefield.

      The district of Shelton, consisting of the town of Shelton.

      The district of Stamford, consisting of the town of Stamford.

      The district of Stratford, consisting of the town of Stratford.

      The district of Trumbull, consisting of the towns of Trumbull, Easton and Monroe.

      The district of Westport, consisting of the towns of Westport and Weston.

(e) Windham County

      The district of Windham, consisting of the towns of Windham and Scotland.

      The district of Ashford, consisting of the town of Ashford.

      The district of Brooklyn, consisting of the town of Brooklyn.

      The district of Eastford, consisting of the towns of Eastford and Chaplin.

      The district of Hampton, consisting of the town of Hampton.

      The district of Killingly, consisting of the town of Killingly.

      The district of Plainfield, consisting of the towns of Plainfield, Canterbury and Sterling.

      The district of Pomfret, consisting of the town of Pomfret.

      The district of Putnam, consisting of the town of Putnam.

      The district of Thompson, consisting of the town of Thompson.

      The district of Woodstock, consisting of the town of Woodstock.

(f) Litchfield County

      The district of Litchfield, consisting of the towns of Litchfield, Kent, Morris and Warren.

      The district of Harwinton, consisting of the town of Harwinton.

      The district of New Milford, consisting of the towns of New Milford and Bridgewater.

      The district of the Northwest Corner, consisting of the towns of Canaan, Cornwall, Norfolk, North Canaan, Salisbury and Sharon.

      The district of Plymouth, consisting of the town of Plymouth.

      The district of Roxbury, consisting of the town of Roxbury.

      The district of Thomaston, consisting of the town of Thomaston.

      The district of Torrington, consisting of the towns of Torrington and Goshen.

      The district of Washington, consisting of the town of Washington.

      The district of Winchester, consisting of the towns of Winchester and Colebrook.

      The district of Woodbury, consisting of the towns of Woodbury, Bethlehem and Watertown.

(g) Middlesex County

      The district of Middletown, consisting of the towns of Middletown, Cromwell, Durham and Middlefield.

      The district of Clinton, consisting of the town of Clinton.

      The district of Deep River, consisting of the town of Deep River.

      The district of East Haddam, consisting of the town of East Haddam.

      The district of East Hampton, consisting of the town of East Hampton.

      The district of Essex, consisting of the town of Essex.

      The district of Haddam, consisting of the town of Haddam.

      The district of Killingworth, consisting of the town of Killingworth.

      The district of Old Saybrook, consisting of the town of Old Saybrook.

      The district of Portland, consisting of the town of Portland.

      The district of Saybrook, consisting of the town of Chester.

      The district of Westbrook, consisting of the town of Westbrook.

(h) Tolland County

      The district of Tolland, consisting of the towns of Tolland and Willington.

      The district of Andover, consisting of the towns of Andover, Bolton and Columbia.

      The district of Ellington, consisting of the towns of Ellington and Vernon.

      The district of Hebron, consisting of the town of Hebron.

      The district of Mansfield, consisting of the towns of Coventry and Mansfield.

      The district of Stafford, consisting of the towns of Stafford, Somers and Union.

(i) Litchfield and Hartford Counties

      The district of New Hartford, consisting of the towns of New Hartford, Barkhamsted and Hartland.

      (1949 Rev., S. 6810; 1953, S. 2892d; 1957, P.A. 8; 1959, P.A. 336, S. 1, 2; February, 1965, P.A. 483, S. 1, 2; P.A. 75-567, S. 24, 80; P.A. 78-247, S. 2, 3; P.A. 80-476, S. 3; P.A. 82-4, S. 1, 3; P.A. 85-186, S. 1; P.A. 87-581, S. 1, 3; P.A. 96-60, S. 1, 3; P.A. 98-1, S. 1, 4; P.A. 02-2, S. 1; 02-5, S. 1; P.A. 04-19, S. 1; P.A. 06-2, S. 1.)

      History: 1959 act created probate district of Windsor Locks, amending probate district of Hartford accordingly; 1965 act created probate district of Southbury, amending probate district of Woodbury accordingly; P.A. 75-567 created probate districts of Glastonbury and Newington, amending probate district of Hartford accordingly, created probate district of Orange, amending probate district of New Haven accordingly, and created district of New Fairfield; P.A. 78-247 created probate district of Griswold, amending probate district of Norwich accordingly; P.A. 80-476 added Subsec. indicators; P.A. 82-4 amended Subsec. (a) to establish the probate district of West Hartford, consisting of West Hartford and Bloomfield (previously in probate district of Hartford); P.A. 85-186 created probate district of Woodbridge, amending probate district of New Haven accordingly; P.A. 87-581 added the probate district of Bloomfield, consisting of the town of Bloomfield and eliminated the town of Bloomfield from the probate district of West Hartford, effective January 9, 1991; Sec. 45-1 transferred to Sec. 45a-2 in 1991; P.A. 96-60 amended Subsec. (e) by eliminating the probate district of Chaplin and including the town of Chaplin in the probate district of Eastford, effective January 6, 1999; P.A. 98-1 amended Subsec. (h) merging the probate district of Coventry into the probate district of Mansfield and merging the probate district of Somers into the probate district of Stafford, effective January 6, 1999; P.A. 02-2 amended Subsecs. (a) and (f) and added Subsec. (i) merging the probate districts of Barkhamsted and Hartland into the probate district of New Hartford, effective January 8, 2003; P.A. 02-5 amended Subsec. (c) merging the probate district of Lebanon into the probate district of Colchester, amended Subsec. (d) merging the probate district of Sherman into the probate district of New Fairfield, amended Subsec. (e) merging the probate districts of Canterbury and Sterling into the probate district of Plainfield and amended Subsec. (f) merging the probate district of Watertown into the probate district of Woodbury, effective January 8, 2003; P.A. 04-19 amended Subsec. (f) by merging the probate districts of Canaan, Cornwall, Salisbury and Sharon into the probate district of the Northwest Corner, effective January 3, 2007; P.A. 06-2 amended Subsec. (a) by merging the probate districts of Suffield and East Granby into the probate district of Suffield-East Granby and amended Subsec. (f) by merging the probate district of Kent into the probate district of Litchfield and merging the probate district of Norfolk into the probate district of the Northwest Corner, effective January 3, 2007.

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      Sec. 45a-3. (Formerly Sec. 45-1d). Probate district of Griswold established. The town of Griswold shall, on and after the first Wednesday following the first Monday of January, 1979, constitute a probate district by the name of the probate district of Griswold. In 1978, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1979, the probate court for the district of Griswold, shall have the jurisdiction of all probate business arising in the town of Griswold, but all business previously entered or begun in the probate court for the district of Norwich shall be completed in the same manner as if this section had not been passed.

      (P.A. 78-247, S. 1, 3; P.A. 03-19, S. 90.)

      History: Sec. 45-1d transferred to Sec. 45a-3 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-4. (Formerly Sec. 45-1e). Probate district of West Hartford established. The towns of West Hartford and Bloomfield shall, on and after the first Wednesday following the first Monday of January, 1983, constitute a probate district by the name of the probate district of West Hartford. In 1982, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1983, the probate court for the district of West Hartford shall have the jurisdiction of all probate business arising in the towns of West Hartford and Bloomfield, but all business previously entered or begun in the probate court for the district of Hartford shall be completed in the same manner as if this section had not been passed.

      (P.A. 82-4, S. 2, 3; P.A. 03-19, S. 91.)

      History: Sec. 45-1e transferred to Sec. 45a-4 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-5. (Formerly Sec. 45-1f). Probate district of Woodbridge established. The town of Woodbridge shall, on and after the first Wednesday following the first Monday of January, 1987, constitute a probate district by the name of the probate district of Woodbridge. In 1986, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1987, the probate court for the district of Woodbridge shall have the jurisdiction of all probate business arising in the town of Woodbridge, but all business previously entered or begun in the probate court for the district of New Haven shall be completed in the same manner as if this section had not been passed.

      (P.A. 85-186, S. 2; P.A. 03-19, S. 92.)

      History: Sec. 45-1f transferred to Sec. 45a-5 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-6. (Formerly Sec. 45-1g). Probate district of Bloomfield established. The town of Bloomfield shall, on and after the first Wednesday following the first Monday of January, 1991, constitute a probate district by the name of the probate district of Bloomfield. In 1990, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1991, the probate court for the district of Bloomfield shall have the jurisdiction of all probate business arising in the town of Bloomfield, but all business previously entered or begun in the probate court for the district of West Hartford shall be completed in the same manner as if this section had not been passed.

      (P.A. 87-581, S. 2; P.A. 03-19, S. 93.)

      History: Sec. 45-1g transferred to Sec. 45a-6 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-6a. Probate district of Eastford established. The towns of Chaplin and Eastford shall, on and after the first Wednesday following the first Monday of January, 1999, constitute a probate district by the name of the probate district of Eastford. In 1998, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1999, the probate court for the district of Eastford shall have the jurisdiction of all probate business arising in the towns of Chaplin and Eastford.

      (P.A. 96-60, S. 2; P.A. 03-19, S. 94.)

      History: P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-6b. Probate district of Stafford established. The towns of Stafford, Somers and Union shall, on and after the first Wednesday following the first Monday of January, 1999, constitute a probate district by the name of the probate district of Stafford. In 1998, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1999, the probate court for the district of Stafford shall have the jurisdiction of all probate business arising in the towns of Stafford, Somers and Union.

      (P.A. 98-1, S. 2, 4; P.A. 03-19, S. 95.)

      History: P.A. 98-1 effective March 9, 1998; P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-6c. Probate district of Mansfield established. The towns of Coventry and Mansfield shall, on and after the first Wednesday following the first Monday of January, 1999, constitute a probate district by the name of the probate district of Mansfield. In 1998, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 1999, the probate court for the district of Mansfield shall have the jurisdiction of all probate business arising in the towns of Coventry and Mansfield.

      (P.A. 98-1, S. 3, 4; P.A. 03-19, S. 96.)

      History: P.A. 98-1 effective March 9, 1998; P.A. 03-19 made technical changes, effective May 12, 2003.

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      Sec. 45a-6d. Probate district of New Hartford established. The towns of New Hartford, Barkhamsted and Hartland shall, on and after the first Wednesday following the first Monday of January, 2003, constitute a probate district by the name of the probate district of New Hartford. In 2002, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2003, the probate court for the district of New Hartford shall have the jurisdiction of all probate business arising in the towns of New Hartford, Barkhamsted and Hartland.

      (P.A. 02-2, S. 2; P.A. 03-19, S. 97.)

      History: P.A. 02-2 effective February 28, 2002; P.A. 03-19 made a technical change, effective May 12, 2003.

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      Sec. 45a-6e. Probate district of Woodbury established. The towns of Woodbury, Bethlehem and Watertown shall, on and after the first Wednesday following the first Monday of January, 2003, constitute a probate district by the name of the probate district of Woodbury. In 2002, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2003, the probate court for the district of Woodbury shall have the jurisdiction of all probate business arising in the towns of Woodbury, Bethlehem and Watertown.

      (P.A. 02-5, S. 2.)

      History: P.A. 02-5 effective March 25, 2002.

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      Sec. 45a-6f. Probate district of New Fairfield established. The towns of New Fairfield and Sherman shall, on and after the first Wednesday following the first Monday of January, 2003, constitute a probate district by the name of the probate district of New Fairfield. In 2002, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2003, the probate court for the district of New Fairfield shall have the jurisdiction of all probate business arising in the towns of New Fairfield and Sherman.

      (P.A. 02-5, S. 3.)

      History: P.A. 02-5 effective March 25, 2002.

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      Sec. 45a-6g. Probate district of Plainfield established. The towns of Plainfield, Canterbury and Sterling shall, on and after the first Wednesday following the first Monday of January, 2003, constitute a probate district by the name of the probate district of Plainfield. In 2002, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2003, the probate court for the district of Plainfield shall have the jurisdiction of all probate business arising in the towns of Plainfield, Canterbury and Sterling.

      (P.A. 02-5, S. 4.)

      History: P.A. 02-5 effective March 25, 2002.

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      Sec. 45a-6h. Probate district of Colchester established. The towns of Colchester and Lebanon shall, on and after the first Wednesday following the first Monday of January, 2003, constitute a probate district by the name of the probate district of Colchester. In 2002, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2003, the probate court for the district of Colchester shall have the jurisdiction of all probate business arising in the towns of Colchester and Lebanon.

      (P.A. 02-5, S. 5.)

      History: P.A. 02-5 effective March 25, 2002.

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      Sec. 45a-6i. Probate district of the Northwest Corner established. The towns of Canaan, Cornwall, Norfolk, North Canaan, Salisbury and Sharon shall, on and after the first Wednesday following the first Monday of January, 2007, constitute a probate district by the name of the probate district of the Northwest Corner. In 2006, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2007, the probate court for the district of the Northwest Corner shall have the jurisdiction of all probate business arising in the towns of Canaan, Cornwall, Norfolk, North Canaan, Salisbury and Sharon.

      (P.A. 04-19, S. 2; P.A. 06-2, S. 2.)

      History: P.A. 04-19 effective April 16, 2004; P.A. 06-2 merged the probate district of Norfolk into the probate district of the Northwest Corner, effective March 15, 2006.

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      Sec. 45a-6j. Probate district of Suffield-East Granby established. The towns of Suffield and East Granby shall, on and after the first Wednesday following the first Monday of January, 2007, constitute a probate district by the name of the probate district of Suffield-East Granby. In 2006, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2007, the probate court for the district of Suffield-East Granby shall have the jurisdiction of all probate business arising in the towns of Suffield and East Granby.

      (P.A. 06-2, S. 3.)

      History: P.A. 06-2 effective March 15, 2006.

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      Sec. 45a-6k. Probate district of Litchfield established. The towns of Litchfield, Kent, Morris and Warren shall, on and after the first Wednesday following the first Monday of January, 2007, constitute a probate district by the name of the probate district of Litchfield. In 2006, and quadrennially thereafter, a judge of probate for said district shall be elected at the time and in the manner provided by law for the election of judges of probate. From and after the first Wednesday following the first Monday of January, 2007, the probate court for the district of Litchfield shall have the jurisdiction of all probate business arising in the towns of Litchfield, Kent, Morris and Warren.

      (P.A. 06-2, S. 4.)

      History: P.A. 06-2 effective March 15, 2006.

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      Sec. 45a-7. (Formerly Sec. 45-3). Where court held. A court of probate may be held in any town in the district.

      (1949 Rev., S. 6812.)

      History: Sec. 45-3 transferred to Sec. 45a-7 in 1991.

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      Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts. (a) The town or towns comprising each probate district shall provide court facilities meeting the minimum standards required by this section. If a probate district consists of more than one town, the expense shall be allocated to the towns in proportion to their grand lists last perfected. Such court facilities shall include: (1) Office space appropriate for the conduct of judicial business, including (A) a room for the judge of probate sufficient in size for ordinary matters in which judicial proceedings may be conducted in private, (B) a separate room for the court staff, and (C) on a prearranged basis, access to a larger hearing room for the conduct of unusually large court hearings; (2) furniture and furnishings appropriate to a court facility; (3) use and maintenance of a copying machine and the necessary supplies; (4) use and maintenance of microfilming equipment and the necessary supplies, including record books or the equipment to produce records; (5) the necessary stationery, postage and other related supplies in order that the court may properly carry out its duties; (6) typing equipment with which to complete the necessary records; (7) basic telephone service, which shall include all local calls; (8) if a court is computerized, a dedicated telephone line and maintenance of the computer equipment; and (9) adequate liability, fire, loss, theft and replacement insurance on the furniture, furnishings, equipment, court facilities and the records of the court.

      (b) If a town or towns comprising a probate district and the responsible municipal official or officials within such probate district fail to provide the court facilities required by subsection (a) of this section, the Probate Court Administrator shall offer in writing to meet with the judge of probate of the district and the responsible official or officials to discuss such court facilities. After discussion and consideration of the circumstances of the court operations, the Probate Court Administrator may waive or modify the application of a particular requirement of subsection (a) of this section for court facilities.

      (c) If suitable court facilities are not provided in accordance with subsection (a) or (b) of this section: (1) The Probate Court Administrator shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary concerning the failure of the probate district to provide the required court facilities, together with a recommendation that the probate district be abolished as a separate district and be consolidated with a contiguous district where suitable court facilities can be provided; or (2) if, in the opinion of the Probate Court Administrator, abolition of the district is not in the public interest and judicial action is necessary to enforce the provision of suitable court facilities, the Probate Court Administrator shall bring an action in the Superior Court to enforce the requirements for the provision of suitable court facilities.

      (d) Any town located in a probate district that desires to (1) consolidate such probate district with one or more districts, (2) be removed from such probate district to a separate district established for any such town, or (3) be located in another probate district, may, by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court Administrator shall provide such assistance in the preparation of the petition as the officials of the town or towns may request. At the time of submission of a petition to the General Assembly, a copy of the petition shall be sent to the judges of probate in the probate districts to be affected. No probate district may be consolidated with another district until the expiration of the term of office of any probate judge in an affected probate district.

      (e) Each judge of probate shall provide suitable records and supplies, in accordance with subsection (a) of this section, for the court in the judge's district. The judge of probate shall cause a complete record to be made of all orders passed by such court and of all wills, inventories, distributions, accounts, bonds and returns made to or lodged with such court. The expense of records, microfilming or the equipment to produce records, and of supplies which the judge deems necessary shall be paid, upon the order of the judge, by the town or towns composing the district in proportion to their grand lists last perfected.

      (f) When the Probate Court Administrator, by regulation, requires that the courts of probate use specified forms, education materials, supplies or equipment not otherwise required by this section, they shall be furnished by the Probate Court Administrator and the expense paid from the fund established under section 45a-82.

      (1949 Rev., S. 6820; 1969, P.A. 519, S. 1; P.A. 80-476, S. 4; P.A. 93-279, S. 1; P.A. 03-278, S. 96; P.A. 04-257, S. 66.)

      History: 1969 act added provision re required use of certain record books, forms, etc., stating that such record books, etc. shall be supplied by probate court administrator and paid for from fund established under Sec. 45-4h; P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-12 transferred to Sec. 45a-8 in 1991; P.A. 93-279 revised section by adding provisions re minimum standards for probate court facilities, failure to provide required court facilities and consolidation, separation and creation of probate districts as Subsecs. (a) to (d), inclusive, relettering prior Subsecs. as (e) and (f) and making technical changes; P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003; P.A. 04-257 made technical changes in Subsecs. (c) and (d), effective June 14, 2004.

      See Sec. 1-16 re photographic reproduction of documents.

      See Sec. 1-18 re disposition of original documents.

      See Sec. 7-24 re record and index of instruments kept by town clerk.

      See Sec. 45a-754 re maintenance of papers concerning guardianship, parent-child relationships and adoptions in locked files and re disclosure of such records for health or medical reasons.


      Annotations to former section 45-12:

      Record imports verity. 64 C. 491. Effect of record of probating of will. 67 C. 90. Court permitted and even compelled to correct record to make it truthful. 72 C. 616; 81 C. 127. Order cannot be proved by parol. 76 C. 558; 77 C. 70. Jurisdictional facts must appear of record. 86 C. 351. Cited. 142 C. 383.


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      Sec. 45a-8a. Regional children's probate courts. (a) For the purposes of this section, "children's matters" means: (1) Guardianship matters under sections 45a-603 to 45a-625, inclusive; (2) termination of parental rights matters under sections 45a-706 to 45a-719, inclusive; (3) adoption matters under sections 45a-724 to 45a-733, inclusive, 45a-736 and 45a-737; (4) claims for paternity under section 46b-172a; (5) emancipation matters under sections 46b-150 to 46b-150e, inclusive; and (6) voluntary admission matters under section 17a-11.

      (b) The Probate Court Administrator shall, within available resources, establish a regional children's probate court in a region that shall consist of the probate districts of New Haven, Branford, East Haven, Hamden, Milford, North Branford, North Haven, Orange, West Haven and Woodbridge. In establishing such court, the Probate Court Administrator shall consult with the probate judges of such districts, each of whom may participate on a voluntary basis.

      (c) In addition to the court established under subsection (b) of this section, the Probate Court Administrator may establish six additional regional children's probate courts in regions designated by the Probate Court Administrator. In establishing such courts, the Probate Court Administrator shall consult with the probate judges of the districts located in each designated region, each of whom may participate on a voluntary basis.

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

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

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

      (f) The Probate Court Administrator may, subject to the provisions of section 45a-84, expend moneys from the Probate Court Administration Fund to pay for necessary improvements of a facility designated as a regional children's probate court under this section, to pay operating expenses of a regional children's probate court and to reimburse participating towns or cities for any costs of leasing office space for a regional children's probate court, and any necessary improvements thereto, and for expenses under subsection (g) of this section.

      (g) (1) The Probate Court Administrator, with the advice of the participating probate judges of the districts located in the designated region, shall appoint an administrative judge for each regional children's probate court. The administrative judge shall be a probate judge at the time of such appointment. If the administrative judge ceases to serve as a probate judge after such appointment, the administrative judge may continue to serve as administrative judge at the pleasure of the Probate Court Administrator, but shall not have the powers granted to an elected probate judge and shall not hear and determine children's matters before such regional children's probate court. Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of the administrative judge and such compensation shall be paid from the Probate Court Administration Fund. Such compensation, together with the administrative judge's compensation as a probate judge of the district to which he or she was elected, shall not exceed the compensation provided under subsection (k) of section 45a-92. The administrative judge shall have such benefits as may inure to him or her as a probate judge and shall receive no additional benefits, except for compensation provided under this section.

      (2) Each administrative judge shall be responsible for the management of cases, coordination of social services, staff, financial management and record keeping for the regional children's probate court for which the administrative judge is appointed. The administrative judge may, with the approval of the Probate Court Administrator, purchase furniture, office supplies, computers and other equipment and contract for services that the administrative judge may deem necessary or advisable for the expeditious conduct of the business of the regional children's probate court. Such expenses shall be paid for pursuant to section 45a-8. If a separate facility for a regional children's probate court is established pursuant to subdivision (2) of subsection (d) of this section, the participating town or city shall be reimbursed for such expenses from the Probate Court Administration Fund upon presentation of vouchers to the Probate Court Administrator.

      (h) Each administrative judge for a regional children's probate court may, with the approval of the Probate Court Administrator, employ such persons as may be required for the efficient operation of the regional children's probate court. Such employees shall be employees of the regional children's probate court and shall be entitled to the benefits of probate court employees under this chapter. Such employees shall not be deemed to be state employees.

      (i) Any probate court within a region designated under subsection (b) or (c) of this section may transfer children's matters to the regional children's probate court for such region. Any regional children's probate court may accept transfers and referrals of children's matters from probate courts within its region.

      (j) Each regional children's probate court shall be considered a probate court for the purposes of this chapter.

      (k) The Probate Court Administrator shall establish policies and procedures to implement the provisions of this section. On or before January 3, 2007, the Probate Court Administrator shall submit a report concerning the operation and effectiveness of the regional children's probate courts established under this section to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with section 11-4a.

      (P.A. 04-159, S. 1; P.A. 05-225, S. 1.)

      History: P.A. 04-159 effective June 1, 2004; P.A. 05-225 made technical changes in Subsec. (a), amended Subsec. (b) by deleting provisions re pilot program in a single region and making conforming changes, added new Subsec. (c) re establishment of six additional regional courts, redesignated portion of Subsec. (b) as new Subsec. (d) and amended same by deleting provision re designated region and making conforming changes, added new Subsec. (e) re expenditures for establishment, improvement, maintenance and operations of regional court facilities, redesignated existing Subsecs. (c) to (h) as new Subsecs. (f) to (k) and made conforming and technical changes therein, amended Subsec. (i) by deleting provisions prohibiting transfer of new children's matters on or after July 1, 2007, and amended Subsec. (k) by deleting provisions re pilot program.

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      Sec. 45a-9. (Formerly Sec. 45-13). Indexes. A general index shall be kept in each probate court of the records of all estates which have been or are pending, in which shall be entered the name of each such estate and the date and character of each proceeding in the court.

      (1949 Rev., S. 6821; P.A. 80-476, S. 5.)

      History: P.A. 80-476 changed wording slightly; Sec. 45-13 transferred to Sec. 45a-9 in 1991.

      See Sec. 45a-754 re maintenance of Probate Court records concerning guardianship, parent-child relationships and adoption in locked files.

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      Sec. 45a-10. (Formerly Sec. 45-14). Fire-resistant safe or vault. Office space to be provided for records. (a) Each judge of probate shall keep the records and files of the court of probate for the district in a fire-resistant safe or vault, in office space provided for that purpose by the town or towns comprising the district in which he is judge, except when the records and files are in actual use for the purpose of examination, recording, copying, or entry, or when the records and files, after being recorded or copied, are placed in storage as records and files not in current use. If such safe or vault or office space is not provided for that purpose, the chief administrative officers of the town or towns comprising the district shall provide the safe or vault or office space at the expense of the town or towns in proportion to their grand lists last perfected.

      (b) If the proper authorities in any probate district fail to provide such safe or vault or office space, the Public Records Administrator may order the proper authorities in the probate district to provide such safe or vault or office space. If such provision is not made within a reasonable time thereafter, the Public Records Administrator shall so advise the State Librarian, who may seek enforcement of compliance with the order as provided in section 11-8.

      (c) All fire-resistant rooms or vaults and all safes for the safekeeping of any such public records shall conform to regulations adopted by the Public Records Administrator in accordance with chapter 54, and shall be furnished with fittings of a noncombustible nature.

      (1949 Rev., S. 552, 6822; 1967, P.A. 495, S. 4; 1969, P.A. 746; P.A. 77-614, S. 131, 610; P.A. 80-338, S. 5; 80-476, S. 6; P.A. 81-472, S. 77, 159.)

      History: 1967 act required that records be kept in "fire-resistive", rather than "fire-proof" safe or vault, deleted references to fire-proof buildings, substituted "chief administrative officers" for "selectmen", "public records administrator" for "examiner of public records" and "records management committee" for "state library committee", deleted provisions re provision of safe or vault by district probate judge when town officers fail to do so, required that records management committee seek enforcement of compliance with order to provide for safe or vault, replacing detailed procedure for supplying safe or vault, and required that storage facilities conform to standards of public records administrator; 1969 act added references to office space provided for record-keeping purposes, included in exception reference to "recording or copying" of records and added exception re stored records not in current use; P.A. 77-614 substituted commissioner of administrative services for records management committee; P.A. 80-338 replaced commissioner of administrative services with state librarian, required conformity with regulations "in accordance with chapter 54" rather than with "standards" and made other technical changes; P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive changes; P.A. 81-472 made technical changes; Sec. 45-14 transferred to Sec. 45a-10 in 1991.

      See Sec. 11-8(b) re appointment of Public Records Administrator.

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      Sec. 45a-11. (Formerly Sec. 45-15). Certification of records and files. The records and files of any court of probate may be certified by the judge, clerk or assistant clerk of the court, any one of whom is authorized to use and affix the seal of the court. All such certified copies of records and files, with or without the seal of the court, shall be legal evidence.

      (1949 Rev., S. 6823; P.A. 80-476, S. 7.)

      History: P.A. 80-476 rephrased provisions but made no substantive change; Sec. 45-15 transferred to Sec. 45a-11 in 1991.

      Annotations to former section 45-15:

      Formerly clerk alone could certify. 26 C. 425. Judge certifying copies acts as his own clerk 52 C. 218.


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      Sec. 45a-12. (Formerly Sec. 45-16). Copies of probate records required by Veterans' Administration to be furnished. When a copy of any probate record is required by the Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans' Administration, the official charged with the custody of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his behalf, or the authorized representative of the Veterans' Administration, with a certified copy of such record.

      (1949 Rev., S. 6824.)

      History: Sec. 45-16 transferred to Sec. 45a-12 in 1991.

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      Secs. 45a-13 to 45a-17. Reserved for future use.

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PART II
PROBATE JUDGES

      Sec. 45a-18. (Formerly Sec. 45-5). Election of judges. Term of office. Clerks. (a) There shall be a court of probate in each probate district held by one judge elected by the electors residing in such district at the state election in 1974, and every four years thereafter.

      (b) Each judge of probate shall hold office for four years beginning on the Wednesday after the first Monday in January next following his election.

      (c) Each judge, before entering upon his duties, shall be sworn and shall record his certificate of election upon the records of his court.

      (d) He shall appoint a clerk and may appoint one or more assistant clerks, each of whom shall be sworn to a faithful performance of his duties and shall, when required, give whatever bond the judge deems necessary. Each such clerk shall continue in office until he resigns, is removed or is superseded.

      (1949 Rev., S. 6811; 1953, S. 2895d; P.A. 80-476, S. 8.)

      History: P.A. 80-476 divided section into Subsecs. and reworded provisions but made no substantive change; Sec. 45-5 transferred to Sec. 45a-18 in 1991.

      Annotations to former section 45-5:

      In the earliest period of our government, powers of a judge of probate were vested in the "particular court". In May, 1666, they were transferred to the several county courts, and in October, 1698, to the respective judge with two justices of the quorum. In May, 1716, courts of probate were required to be holden by one judge, with a clerk in each county. The first probate districts less than a county were formed in October, 1719. Clerk retains his office until he resigns, is removed, or superseded. 26 C. 425. Disbarment of judge as attorney does not disqualify him. 88 C. 447.


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      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 office in such district, and such office shall be deemed vacant.

      (1949 Rev., S. 6815; 1953, S. 2897d; P.A. 80-476, S. 9.)

      History: P.A. 80-476 made minor wording changes; Sec. 45-6 transferred to Sec. 45a-19 in 1991.

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      Sec. 45a-20. (Formerly Sec. 45-4k). Payment of three-judge court. When a three-judge court is appointed by the Probate Court Administrator, said administrator may pay from the fund authorized under section 45a-82 a per diem rate not to exceed two hundred fifty dollars for each judge that has been cited in, other than the judge in whose district the matter is being heard. Such payment shall be made in accordance with regulations promulgated by the Probate Court Administrator and shall be included as income to the receiving judge under section 45a-92.

      (P.A. 82-187; P.A. 98-219, S. 2.)

      History: Sec. 45-4k transferred to Sec. 45a-20 in 1991; P.A. 98-219 increased per diem rate from one hundred to two hundred fifty dollars.

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      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.)

      History: 1969 act deleted provision whereby probate court administrator "from time to time" prescribed a compensation plan for all positions in probate court other than judges; Sec. 45-4c transferred to Sec. 45a-21 in 1991.

      Annotation to former section 45-4c:

      Cited. 157 C. 160.


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      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, as between husband and wife, parent and child, brothers and sisters, by nature or marriage, or when any such judge is interested in any matter brought to or pending in his court, he or she shall be disqualified to act as judge in relation to the estate of such deceased person or in hearing such matter; and he or she may decline to act as such judge in any matter if in his or her opinion it would be improper for him or her so to act. No judge of probate shall appoint as a fiduciary any corporation of which he or she is a director or salaried officer unless such corporation has been nominated as such fiduciary by a testator or trustor.

      (1949 Rev., S. 6816; 1957, P.A. 371; 1967, P.A. 558, S. 14; 1971, P.A. 78, S. 3; P.A. 74-67; P.A. 87-260, S. 4.)

      History: 1967 act added as ground for disqualification of judge "when the powers and duties of any such judge have been suspended in relation to any matter by the chief court administrator ..." and made disqualification absolute rather than contingent upon objection made by "anyone interested"; 1971 act deleted as ground for disqualification "when any such judge or his partner or associate has been retained as attorney or counsel in any matter"; P.A. 74-67 substituted "spouse" for "wife" and added feminine personal pronouns as necessary; P.A. 87-260 deleted provision requiring disqualification of a judge who has had his powers and duties suspended in relation to any matter by the chief court administrator as provided in Sec. 45-11a to reflect repeal of said Sec. 45-11a; Sec. 45-8 transferred to Sec. 45a-22 in 1991.

      See Sec. 51-39 re judges' disqualification by relationship or interest.

      Annotations to former section 45-8:

      Uncle of husband of devisee, etc., not disqualified. 17 C. 545. Judge who is an inhabitant of a town which is a creditor is disqualified. 19 C. 585. Type of interest which will disqualify judge. 26 C. 7. Judge previously retained or consulted not disqualified. Id., 577. Judge who is also selectman disqualified to act on application for appointment of conservator. 28 C 268. Cited. 134 C. 606. Cited. 215 C. 553.


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      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, child, child's spouse, parent, brother or sister, grandchild or a business with which he is or was associated. The provisions of this section shall not prohibit the employment of a relative by a judge of probate except as an employee as defined in subdivision (3) of section 45a-34.

      (P.A. 84-435, S. 2, 6; P.A. 86-402, S. 8, 13.)

      History: P.A. 84-435 effective July 1, 1985; P.A. 86-402 applied provisions to judges' grandchildren and to businesses with which they were associated in the past; Sec. 45-8a transferred to Sec. 45a-23 in 1991.

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      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 of probate, rendered after notice and from which no appeal is taken, shall be conclusive and shall be entitled to full faith, credit and validity and shall not be subject to collateral attack, except for fraud.

      (1949 Rev., S. 6817; P.A. 80-476, S. 11.)

      History: P.A. 80-476 made technical corrections for consistency; Sec. 45-9 transferred to Sec. 45a-24 in 1991.

      Annotations to former section 45-9:

      Generally as to collateral attack. 2 C. 388; 26 C. 273; 39 C. 523; 45 C. 196; 48 C. 165; 50 C. 330; 59 C. 361; 62 C. 221; 63 C. 338; 66 C. 140; 67 C. 7; Id., 184; 69 C. 78; 70 C. 378; 75 C. 308; 86 C 470. Order by disqualified judge unappealed from held valid. 39 C. 257. Effect of fraud on provision. 66 C. 140; 91 C. 521. Court cannot ordinarily revoke its own decrees. 76 C. 420; 81 C. 688. Failure to conform to law in preliminary matter may not be ground to set aside decree. Id., 681; 86 C. 281. Foreign judgment of probate court entitled to full credit. 81 C. 686. Where an estate is administered as intestate because of mistaken belief that there was no will, equity can enjoin any use of probate decrees to hamper or defeat proceedings to secure probate of will later discovered. 135 C. 489. See note to Sec. 45-4. Action in equity to set aside a decree admitting a will to probate held a direct attack and not within prohibition of this section. 146 C. 188. Cited. 152 C. 530, 532; 153 C. 545; Id., 603. Cited. 165 C. 478, 487. Fraudulent assertion of death concerned jurisdictional fact, and decree was subject to collateral attack and to being declared null and void, but a void decree may form basis for adverse possession. 171 C. 149.

      Cited. 22 CA 490. Cited. 23 CA 174.

      Where estate was administered and distributed as intestate and will was discovered four years later, court permitted proceedings in probate though there was no fraud. 15 CS 316. Where tax commissioner appealed probate court decree holding two of three antemortem transfers by decedent nontaxable, executor who had failed to appeal finding of third transfer as taxable could not raise the issue by affirmative claim in his answer and plea in abatement was granted on grounds of lack of jurisdiction. 28 CS 210.


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      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 before a court of probate is a contested matter when any party to such matter informs the court, orally or in writing, of any objection or opposition in such matter, without regard to the apparent merit or lack of merit of such objection or opposition.

      (1971, P.A. 78, S. 2; P.A. 80-476, S. 12; P.A. 04-142, S. 1.)

      History: P.A. 80-476 reworded provision but made no substantive change; Sec. 45-11b transferred to Sec. 45a-25 in 1991; P.A. 04-142 designated existing provisions as Subsec. (a) and added Subsec. (b) re when matter before court is a contested matter.

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      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 section, any person who acts in a fiduciary capacity with respect to his spouse, child, parent, grandparent, brother, sister, aunt, uncle, niece or nephew shall not be construed to be engaged in the practice of law.

      (1971, P.A. 78, S. 1; P.A. 73-487; P.A. 80-476, S. 13.)

      History: P.A. 73-487 specified that persons acting as fiduciaries for relatives shall not be construed as practicing law; P.A. 80-476 reworded provisions but made no substantive change; Sec. 45-11c transferred to Sec. 45a-26 in 1991.

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      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 section.

      (b) The Probate Court Administrator shall establish, supervise and fund a program of training for newly-elected probate judges that shall include: (1) A course to be taken between the date of election and the date of assuming office concerning the rules of judicial conduct for a judge of probate, the ethical considerations arising in that office, the operation of a probate court, and the availability of assistance for a judge in the operation of a probate court; and (2) courses to be taken within six months after the date of assuming office that provide fundamental training in (A) civil procedure, including constitutional issues, due process, and evidentiary considerations, (B) property law, including conveyancing and title considerations, (C) the law of wills and trusts, and (D) family law in the context of the probate courts.

      (c) The curriculum for the courses required by subsection (b) of this section shall be established by the Probate Court Administrator and shall be designed to establish a minimum level of proficiency by judges of probate. The courses shall be given by qualified instructors approved by the Probate Court Administrator. The Probate Court Administrator may waive completion of a course required by subdivision (2) of subsection (b) on demonstration by a probate judge of proficiency in the subject matter. The Probate Court Administrator may, for good cause, allow a probate judge to satisfy a requirement of subsection (b) of this section by auditing, at the office of the Probate Court Administrator or at such other place as the Probate Court Administrator may designate, instructional tapes approved by the Probate Court Administrator. The Probate Court Administrator shall adopt appropriate time requirements for training of a probate judge elected in a special election and may modify other requirements of this section as circumstances may require.

      (P.A. 93-279, S. 15.)

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      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 within the time required, such judge may request an extension of time for completion of training from the continuing education committee of the Probate Assembly. The committee may, for cause shown, grant the requested extension of time.

      (b) If a probate judge fails to complete training within the time required, or within any extension of time granted pursuant to subsection (a) of this section, the Probate Court Administrator may refer the judge to the Council on Probate Judicial Conduct for failure to maintain professional competence as a judge of probate by failing to complete the training program pursuant to section 45a-27.

      (P.A. 93-279, S. 16.)

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      Secs. 45a-28 to 45a-33. Reserved for future use.

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PART III
RETIREMENT BENEFITS

      Sec. 45a-34. (Formerly Sec. 45-29a). Definitions. The following words and phrases as used in sections 45a-34 to 45a-54, inclusive, and 45a-75 except as otherwise provided, shall have the following meanings:

      (1) "Average final compensation" means, in the case of a judge of probate, the average annual compensation for the three highest paid years of service while serving in the probate court to which the judge was elected or by citation to any other court or courts, provided, for purposes of this section, the compensation for any one year shall not exceed the maximum net annual income currently allowed by law, and, in the case of an employee, the average annual rate of pay during the employee's three highest paid years of employment;

      (2) "Credited service" means (A) all periods during which a person held the office of judge of probate and any period of service elected by a judge pursuant to section 45a-36a or (B) any period during which a person served as an employee of any probate court or (C) subject to the requirements of subsections (a) and (b) of section 45a-54, a period of not more than three years for service as a member of the General Assembly and military service or (D) the aggregate of any periods of service provided for in subparagraphs (A), (B) and (C) of this subsection;

      (3) "Employee" means a person employed by any probate court for more than four hundred thirty hours per year or a person who served for more than four hundred thirty hours per year performing under any contract of employment with any court of probate;

      (4) "Fund" means the retirement fund established by section 45a-35;

      (5) "Member" means any judge of probate or employee who is or may become eligible for retirement benefits under sections 45a-34 to 45a-54, inclusive, and 45a-75;

      (6) "Normal retirement age" means the age of sixty-two for any judge of probate or any employee;

      (7) "Old Age and Survivors System" means the system established under Title II of the Social Security Act, as amended;

      (8) "Pay" means the salary, wages or earnings of an employee, but does not include any fees or allowances for expenses;

      (9) "Retirement Commission" means the State Retirement Commission;

      (10) "Social Security Act" means the Act of Congress, approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the Social Security Act, including regulations issued pursuant thereto, as such act has been and may from time to time be amended.

      (1967, P.A. 558, S. 26; 1969, P.A. 160, S. 2; 1971, P.A. 583; 1972, P.A. 244, S. 2; P.A. 77-40, S. 1; 77-363; P.A. 80-176, S. 2; 80-476, S. 37; P.A. 81-472, S. 78, 159; P.A. 86-242, S. 1; P.A. 88-155, S. 1; P.A. 93-379, S. 1, 8; P.A. 94-98, S. 1; P.A. 97-87, S. 2.)

      History: 1969 act removed employees in the office of the probate court administrator from definitions of "employee"; 1971 act redefined "average final compensation" re probate judges as average annual compensation for three consecutive highest paid years rather than as average annual compensation during initial four years; 1972 act redefined "employee" to specify that judge is full-time employee whether serving in court to which elected or by citation in another court, redefined "credited service" to apply to acting judges of probate and redefined "average final compensation" to clarify applicability re judges serving in court to which elected or by citation in another court or as court employee and to base compensation for employees on three highest paid consecutive years rather than on the final five years of employment; P.A. 77-40 divided section into Subdivs., extended applicability to Sec. 45-29t and rephrased definition of "credited service"; P.A. 77-363 redefined "employee" to include persons performing under contract of employment; P.A. 80-176 redefined "credited service" to delete reference to acting judge of probate; P.A. 80-476 reordered Subdivs. to place terms in alphabetical order, replaced alphabetic indicators with numeric indicators, and restored reference to acting judge of probate in definition of "credited service"; P.A. 81-472 removed from the definition of "credited service" any period of holding the office of acting judge of probate; P.A. 86-242 amended definition of "credited service" to include a period of not more than three years of service as member of general assembly and military service, subject to requirements of section 45-29w, and amended definition of "normal retirement age" to mean age of sixty-two for judge of probate and sixty-five for employee; P.A. 88-155 redefined "employee" by changing basis of calculation from "twenty hours per week and more than five months per year" to "four hundred thirty hours per year"; Sec. 45-29a transferred to Sec. 45a-34 in 1991; P.A. 93-379 redefined "normal retirement age" to change the age to sixty-two for probate court employees, effective June 30, 1993; P.A. 94-98 amended definition of "average final compensation" in Subdiv. (1) by deleting requirement that basis of calculation be "consecutive" highest paid years of service and deleting reference to service as an employee of any probate court; P.A. 97-87 redefined "credited service" in Subdiv. (2) include service elected by judge pursuant to Sec. 45a-36a and in Subpara. (D) changed "subdivisions" to "subparagraphs" (A), (B) and (C).

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      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 45a-44 and 45a-45.

      (1967, P.A. 558, S. 27.)

      History: Sec. 45-29b transferred to Sec. 45a-35 in 1991.

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      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 normal retirement benefits on the first day of the month after attaining the age of sixty-five or after termination of service as a judge of probate or employee, whichever occurs later; provided any judge or employee who has at least ten years of credited service but less than twelve years in the case of a judge, and less than fifteen years in the case of an employee, and whose credited service terminated before July 1, 1979, shall become eligible to retire and to receive retirement benefits retroactive to January 1, 1979, or to the first day of the month after such termination, whichever is later. Judges of probate courts in office on or after October 1, 1986, and employees of such courts, who have completed at least ten years of credited service shall be eligible to retire and thereupon to receive normal retirement benefits on the first day of any month after attaining the age of sixty-two.

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

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

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

      (1967, P.A. 558, S. 28; 1969, P.A. 160, S. 3; P.A. 77-40, S. 2; P.A. 79-454, S. 1, 12; P.A. 80-176, S. 1; 80-476, S. 38; P.A. 86-242, S. 4; P.A. 93-379, S. 2, 8; P.A. 94-98, S. 2; P.A. 97-87, S. 3.)

      History: 1969 act deleted reference to eligibility of employees of probate court administrator's office; P.A. 77-40 applied provisions to judges "who have completed at least twelve years of credited service" rather than to those "who have held office for at least twelve years"; P.A. 79-454 included employees under retirement terms applying to judges, reducing years of required credited service to ten and adding proviso re judges with more than ten but less than twelve years' service, deleted former provision which required employees to be at least sixty-five or to have completed fifteen years of credited service, "whichever occurs later" and allowed retirement at seventy for employees whose credited service began at or after age of sixty, rather than fifty-five, as was previously the case; P.A. 80-176 included employees with more than ten but less than fifteen, rather than twelve, years of service in proviso; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-242 amended Subsec. (a) by providing that judges of probate in office on or after October 1, 1986, who have completed at least ten years of credited service shall be eligible to retire on first day of any month after attaining sixty-two; Sec. 45-29c transferred to Sec. 45a-36 in 1991; P.A. 93-379 added Subsec. (d) permitting employees of probate courts serving on or after October 1, 1993, who have completed at least ten years of credited service to retire and receive normal retirement benefits after reaching sixty-two, effective June 30, 1993; P.A. 94-98 amended Subsec. (a) by permitting employees of probate courts on or after October 1, 1986, who have completed at least ten years of credited service to be eligible for normal retirement at age of sixty-two; P.A. 97-87 amended Subsec. (b) to apply to judges and to require that judges shall have served at least one full term.

      Annotation to former section 45-29c:

      Where beneficiaries of retirement fund were not made parties to action for declaratory judgment on constitutionality of section, court would not pass on issue of constitutionality. 157 C. 150.


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      Sec. 45a-36a. Retirement of judge in office on or after October 1, 1997, where probate district merged and judge not elected to term commencing at time of or subsequent to consolidation. Any judge of probate in office on or after October 1, 1997, whose probate district is merged with another district and who has not been elected to a term which begins at the time of, or subsequent to, such consolidation, (1) may elect to receive four years of credited service, as defined in subdivision (2) of section 45a-34, (2) may elect to receive a reduction of his retirement age of not more than four years pursuant to subsection (a) of section 45a-36 or (3) may elect any combination of subdivisions (1) and (2) of this section, provided such combination shall not exceed four years in total.

      (P.A. 97-87, S. 1; P.A. 98-219, S. 3.)

      History: P.A. 98-219 deleted phrase "after such consolidation" and inserted "to a term which begins at the time of, or subsequent to, such consolidation".

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      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 employee who has attained the age of seventy years shall be retired on the first day of the month following the attainment of that age, except that any employee, at his request and with the approval of the judge of the probate court, may be retained in the employ of the probate court without further assessment for pension benefits under section 45a-44; provided such person shall receive no pension payments during the period in which he is so retained and his credited service shall not be increased by such employment beyond the age of seventy.

      (1967, P.A. 558, S. 29; P.A. 80-476, S. 39.)

      History: P.A. 80-476 divided section into Subsecs. and revised wording slightly; Sec. 45-29d transferred to Sec. 45a-37 in 1991.

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      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 service but before reaching the normal retirement age, he shall be entitled to a retirement allowance on the first day of the month after reaching the normal retirement age.

      (b) At the option of the employee, the retirement allowance may commence on the first day of any month after the date of the separation described in subsection (a) of this section and shall be payable in an amount determined by the Retirement Commission to be the actuarial equivalent of the retirement allowance that would have been payable except for the election of such option, except that for any such employee separated on or after October 1, 1994, who has attained the age of sixty, the reduction of the allowance which would have been payable shall be one quarter of one per cent for each month the employee's retirement precedes the attainment of age sixty-two. Any such employee who was separated from the service of the court before July 1, 1979, with at least ten but less than twenty years of credited service may elect a retirement allowance retroactive to January 1, 1979, or the first day of the month after such separation, whichever is later.

      (1967, P.A. 558, S. 30; 1972, P.A. 244, S. 4; P.A. 79-454, S. 2, 12; P.A. 80-476, S. 40; P.A. 86-242, S. 5; P.A. 94-98, S. 3.)

      History: 1972 act changed applicable date from January 1, 1968, to January 1, 1972, and required completion of twenty rather than thirty years of continuous service; P.A. 79-454 reduced requirement to ten years, substituted "credited" for "continuous service" and added provision re employees with more than ten, but less than the previously required twenty, years of service; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-242 amended Subsec. (b) by substituting "any" for "the" before "month"; Sec. 45-29e transferred to Sec. 45a-38 in 1991; P.A. 94-98 amended Subsec. (b) by adding phrase "except that for any such employee separated on or after October 1, 1994, who has attained the age of sixty, the reduction allowance which would have been payable shall be one quarter of one per cent for each month the employee's retirement precedes the attainment of age sixty-two."

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      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 retirement allowance to commence on the first day of any month following the date of separation. The allowance shall be payable in an amount determined by the Retirement Commission to be the actuarial equivalent of the retirement allowance that would have been payable except for the election of such option, except that for any such judge separated on or after October 1, 1986, who has attained the age of sixty, the reduction of the allowance which would have been payable shall be one-quarter of one per cent for each month his retirement precedes his attainment of age sixty-two. Any such judge of probate, who was separated from the service of his court before July 1, 1979, with at least ten years but less than twelve years of credited service may elect a retirement allowance retroactive to January 1, 1979, or the first day of the month after such separation, whichever is later.

      (1967, P.A. 558, S. 31; 1972, P.A. 244, S. 5; P.A, 79-454, S. 3, 12; P.A. 80-476, S. 41; P.A. 86-242, S. 6.)

      History: 1972 act changed applicable date from January 1, 1968, to January 1, 1972, and service requirement from sixteen to twelve years; P.A. 79-454 reduced required years of service to ten and added provision re judges with more than ten but less than the previously required twelve years of service; P.A. 80-476 rephrased provisions but made no substantive change; P.A. 86-242 added exception that for any judge separated on or after October 1, 1986, who is sixty, the reduction of allowance which would have been payable shall be one-quarter of one per cent for each month his retirement precedes sixty-two; Sec. 45-29f transferred to Sec. 45a-39 in 1991.

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      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 in any gainful employment in the service of the Court of Probate or in the office of judge, as the case may be. Such retirement allowance shall continue during the period of such disability. The existence and continuance of disability shall be determined by the Retirement Commission upon such medical evidence and other investigation as it requires.

      (b) In order to obtain a retirement allowance under this section an employee or judge shall apply in writing for the allowance to the Retirement Commission within one year after incurring the disability, or by January 1, 1980, as to an employee or a judge becoming eligible on January 1, 1979. The allowance may be made retroactive to the first day of the month following the date on which the compensation of the disabled employee ceas