2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 802 Fiduciaries
Sec. 45a-243. (Formerly Sec. 45-264). Appeal from removal of fiduciary. Effect on successor fiduciary.

      Sec. 45a-243. (Formerly Sec. 45-264). Appeal from removal of fiduciary. Effect on successor fiduciary. (a) When any fiduciary has been removed by a court of probate, as provided in section 45a-242, the fiduciary may appeal from such order of removal in the manner provided in sections 45a-186 to 45a-193, inclusive. In the event of an appeal from the order of removal taken by the fiduciary who has been removed, the appointment of a successor shall not be stayed by the appeal but shall be a temporary appointment. Such successor fiduciary shall act during the pendency of the appeal and until the appeal is withdrawn or final judgment entered thereon.

      (b) If the order of removal is sustained upon appeal, such appointment shall become permanent.

      (c) If the order of removal is vacated upon appeal, such appointment may be terminated, subject to the obligation of such successor fiduciary to render a final account, and the acts of the successor fiduciary for the period of the pendency of the appeal shall be of full effect.

      (1955, S. 2942d; P.A. 80-476, S. 193; P.A. 04-142, S. 9.)

      History: P.A. 80-476 divided section into Subsecs., referred to fiduciaries rather than to executors and administrators and made minor changes in wording; Sec. 45-264 transferred to Sec. 45a-243 in 1991; P.A. 04-142 amended Subsec. (a) by deleting "for cause", effective July 1, 2004, and applicable to any motion, application or complaint filed on or after that date.

      See Sec. 45a-199 for definition of "fiduciary".

      Annotations to former section 45-264:

      Cited. 175 C. 200. Removed fiduciaries need not allege or prove aggrievement in order to appeal. Legislature in enacting statute exercised its powers to establish aggrievement "specially". 195 C. 123.

      Cited. 22 CA 490.

      Cited. 20 CS 262.

      Annotations to present section:

      Interpretation of "for cause" is a reason that is related to one's fitness or ability to perform its duties. 267 C. 229. Fiduciary removed for reasons related to its fitness or ability to perform has right of appeal to clear its name from scurrilous or ignominious allegations. Id.