When a will, trust agreement or other instrument establishing a trust fails to provide for the contingency of the trustee‘s refusal to accept the trust or the trustee‘s resignation, death or incapacity, the Probate Court specified in § 45a-499p may, on the happening of any such contingency, appoint some suitable person to fill such vacancy, taking from such suitable person a probate bond, unless in the case of a will it is otherwise provided therein. The court may appoint a successor trustee of an inter vivos trust before such contingency has occurred if the court finds that a vacancy in the office of trustee is likely to occur. The court shall specify the conditions that the successor trustee of such inter vivos trust must satisfy before becoming trustee. In the event of a vacancy in the office of trustee of such inter vivos trust, the successor trustee may assume the office immediately upon satisfying the conditions set forth in the court’s order without further court action.

Need help with a review of a will? Chat with an attorney and protect your rights.

Terms Used In Connecticut General Statutes 45a-474

  • 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
  • Inter vivos: Transfer of property from one living person to another living person.
  • Inter vivos trust: means a trust that is not a testamentary trust. See Connecticut General Statutes 45a-499c
  • Person: means an individual, corporation, statutory or business trust, estate, trust, partnership, limited liability company, association, joint venture, court, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. See Connecticut General Statutes 45a-499c
  • Probate: Proving a will
  • 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