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.(b) New Haven County
The district of New Haven, consisting of the town of New Haven.(c) New London County
The district of New London, consisting of the towns of New London and Waterford.(d) Fairfield County
The district of Bridgeport, consisting of the town of Bridgeport.(e) Windham County
The district of Windham, consisting of the towns of Windham and Scotland.(f) Litchfield County
The district of Litchfield, consisting of the towns of Litchfield, Kent, Morris and Warren.(g) Middlesex County
The district of Middletown, consisting of the towns of Middletown, Cromwell, Durham and Middlefield.(h) Tolland County
The district of Tolland, consisting of the towns of Tolland and Willington.(i) Litchfield and Hartford Counties
The district of New Hartford, consisting of the towns of New Hartford, Barkhamsted and Hartland.| (Return to Chapter Table of Contents) | (Return to List of Chapters) | (Return to List of Titles) |
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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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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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