Connecticut General Statutes 45a-499o – Subject matter jurisdiction of Probate Courts and the Superior Court
(a) Except as provided in subsection (b) of this section, the Probate Courts have sole original jurisdiction relating to testamentary trusts to:
Terms Used In Connecticut General Statutes 45a-499o
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means a person that (A) has a present or future beneficial interest in a trust, vested or contingent. See Connecticut General Statutes 45a-499c
- Charitable trust: means a trust, or part of a trust, created (A) for a charitable purpose described in §. See Connecticut General Statutes 45a-499c
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Court: means a court of this state having jurisdiction over the matter pursuant to sections 45a-499o and 45a-499p or a court of another state having jurisdiction under the law of the other state. See Connecticut General Statutes 45a-499c
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Inter vivos: Transfer of property from one living person to another living person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Personal property: All property that is not real property.
- Probate: Proving a will
- Property: means anything that may be the subject of ownership, whether real or personal and whether legal or equitable, or any interest therein. See Connecticut General Statutes 45a-499c
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Settlor: means a person, including a testator, that creates or contributes property to a trust. See Connecticut General Statutes 45a-499c
- Testamentary trust: means a trust created under a will and, unless otherwise expressly provided, any trust established pursuant to an order of the Probate Court. See Connecticut General Statutes 45a-499c
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes an original, additional and successor trustee and a cotrustee. See Connecticut General Statutes 45a-499c
(1) Determine the validity of the will establishing the trust pursuant to subdivision (2) of subsection (a) of § 45a-98;
(2) Compel a trustee to account pursuant to subdivision (6) of subsection (a) of § 45a-98;
(3) Approve a trustee‘s account pursuant to sections 45a-175 to 45a-179, inclusive, or proposed final distribution pursuant to § 45a-481;
(4) With respect to an action that could be reported in a subsequent account pursuant to sections 45a-175 to 45a-179, inclusive, hear and decide the petition of (A) a trustee to approve a proposed action, ratify a previously taken action or provide instructions to address a specific situation, or (B) a beneficiary to compel or prohibit action by a trustee;
(5) Approve the settlement of a disputed claim pursuant to § 45a-151;
(6) Approve the sale of personal property pursuant to § 45a-163;
(7) Approve the sale or mortgage of real property pursuant to § 45a-164;
(8) Remove or accept the resignation of a trustee pursuant to § 45a-499vv or subsection (b) of § 45a-499ww;
(9) Appoint a successor trustee in the event of a vacancy or anticipated vacancy pursuant to § 45a-499uu;
(10) Order a trustee to furnish a probate bond pursuant to § 45a-499ss;
(11) Assume jurisdiction of a trust pursuant to § 45a-477;
(12) Order distribution of a decedent‘s estate or testamentary trust to the beneficiaries of an inoperative trust pursuant to § 45a-482;
(13) Authorize a trustee to disclaim an interest pursuant to § 45a-579;
(14) Authorize a trustee to combine two or more trusts or divide a trust into two or more separate trusts pursuant to § 45a-499ll; and
(15) Terminate a charitable trust pursuant to § 45a-520.
(b) The Superior Court and the Probate Courts have concurrent original jurisdiction relating to testamentary trusts to:
(1) Determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes or may constitute property of a trust, including the rights and obligations of a beneficiary of the trust pursuant to subdivision (3) of subsection (a) of § 45a-98;
(2) Determine the validity and construe the meaning and effect of a trust pursuant to subdivision (4) of subsection (a) of § 45a-98;
(3) Apply the doctrine of cy pres or approximation pursuant to subdivision (5) of subsection (a) of § 45a-98;
(4) Recover on a probate bond for breach of fiduciary duty pursuant to sections 45a-144 and 45a-145;
(5) Reform a trust to qualify for the marital deduction pursuant to § 45a-485;
(6) Reform a trust to qualify for the charitable deduction pursuant to § 45a-519;
(7) Reform a charitable remainder unitrust pursuant to § 45a-521;
(8) Authorize transfer of the principal place of administration of a trust to another jurisdiction pursuant to § 45a-499h;
(9) Modify or terminate a noncharitable trust pursuant to sections 45a-499ee, 45a-499ff, 45a-499ii, 45a-499jj and 45a-499kk; and
(10) Hear and decide a petition for instruction pursuant to subsection (d) of § 45a-500i.
(c) Notwithstanding subsection (a) of this section, the Superior Court has original jurisdiction relating to testamentary trusts with respect to:
(1) A proceeding relating to a testamentary trust that the court consolidates with another proceeding involving the same trust over which the Superior Court has original jurisdiction; and
(2) Any matter over which the Superior Court has statutory or common law jurisdiction or has powers or remedies that are not available to the Probate Courts.
(d) The Superior Court has original jurisdiction over all matters relating to inter vivos trusts. The Probate Courts have concurrent original jurisdiction with the Superior Court relating to inter vivos trusts to:
(1) Compel a trustee to account pursuant to subdivision (6) of subsection (a) of § 45a-98;
(2) Approve a trustee’s account pursuant to § 45a-175;
(3) With respect to an action that could be reported in a subsequent account pursuant to § 45a-175, hear and decide the petition of a trustee to approve a proposed action, ratify a previously taken action or provide instruction to address a specific situation or the petition of a beneficiary to compel or prohibit an action by a trustee;
(4) Remove a trustee pursuant to subsection (b) of § 45a-499ww;
(5) Appoint a successor trustee in the event of a vacancy or anticipated vacancy pursuant to § 45a-487m or 45a-499uu and subsection (g) of § 45a-487p;
(6) Recover on a probate bond for breach of fiduciary duty pursuant to sections 45a-144 and 45a-145;
(7) Authorize a trustee to disclaim an interest pursuant to § 45a-579;
(8) Authorize a trustee to combine two or more trusts or divide a trust into two or more separate trusts pursuant to § 45a-499ll;
(9) Terminate a charitable trust pursuant to § 45a-520;
(10) Determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes or may constitute property of a trust, including the rights and obligations of any beneficiary of the trust pursuant to subdivision (3) of subsection (a) of § 45a-98;
(11) Determine the validity and construe the meaning and effect of a trust pursuant to subdivision (4) of subsection (a) of § 45a-98;
(12) Apply the doctrine of cy pres or approximation pursuant to subdivision (5) of subsection (a) of § 45a-98;
(13) Reform a trust to achieve the settlor‘s tax objectives pursuant to § 45a-499kk;
(14) Authorize transfer of the principal place of administration of a trust to another jurisdiction pursuant to § 45a-499h;
(15) Modify or terminate a noncharitable trust pursuant to sections 45a-499ee, 45a-499ff, 45a-499ii, 45a-499jj and 45a-499kk; and
(16) Hear and decide a petition for instruction pursuant to subsection (d) of § 45a-500i.
(e) With respect to a matter over which the court has jurisdiction, the court may hear and decide a trustee’s request for instructions or for approval of action or a party’s request to compel or prohibit an action by a trustee.