2015 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801a - Probate Court: Jurisdiction, Powers
Section 45a-98 - (Formerly Sec. 45-4). *(See end of section for amended version of subsection (a) and effective date.) General powers.

*(a) Courts of probate in their respective districts shall have the power to (1) grant administration of intestate estates of persons who have died domiciled in their districts and of intestate estates of persons not domiciled in this state which may be granted as provided by section 45a-303; (2) admit wills to probate of persons who have died domiciled in their districts or of nondomiciliaries whose wills may be proved in their districts as provided in section 45a-287; (3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent’s estate, or any estate under control of a guardian or conservator, which trust or estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the trust or estate and including the rights and obligations of any joint tenant with respect to survivorship property; (4) except as provided in section 45a-98a, construe the meaning and effect of any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court, or, with respect to an inter vivos trust, if that trust is or could be subject to jurisdiction of the court for an accounting pursuant to section 45a-175, provided such an accounting need not be required; (5) except as provided in section 45a-98a, apply the doctrine of cy pres or approximation; (6) to the extent provided for in section 45a-175, call executors, administrators, trustees, guardians, conservators, persons appointed to sell the land of minors, and attorneys-in-fact acting under powers of attorney created in accordance with section 45a-562, to account concerning the estates entrusted to their charge; and (7) make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of this state.

(b) The jurisdiction of courts of probate to determine title or rights or to construe instruments or to apply the doctrine of cy pres or approximation pursuant to subsection (a) of this section is concurrent with the jurisdiction of the Superior Court and does not affect the power of the Superior Court as a court of general jurisdiction.

(1949 Rev., S. 6813; P.A. 80-410, S. 1; 80-476, S. 2; P.A. 93-279, S. 6; P.A. 98-219, S. 4.)

*Note: On and after July 1, 2016, subsection (a) of this section, as amended by section 46 of public act 15-240, is to read as follows:

“(a) Courts of probate in their respective districts shall have the power to (1) grant administration of intestate estates of persons who have died domiciled in their districts and of intestate estates of persons not domiciled in this state which may be granted as provided by section 45a-303; (2) admit wills to probate of persons who have died domiciled in their districts or of nondomiciliaries whose wills may be proved in their districts as provided in section 45a-287; (3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent’s estate, or any estate under control of a guardian or conservator, which trust or estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the trust or estate and including the rights and obligations of any joint tenant with respect to survivorship property; (4) except as provided in section 45a-98a, construe the meaning and effect of (A) any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court; (B) an inter vivos trust upon a petition that meets the requirements for a petition for an accounting pursuant to subsection (b) or (c) of section 45a-175, provided such an accounting need not be required; or (C) a power of attorney pursuant to section 1-350o; (5) except as provided in section 45a-98a, apply the doctrine of cy pres or approximation; (6) to the extent provided for in section 45a-175, call executors, administrators, trustees, guardians, conservators, persons appointed to sell the land of minors, and agents acting under powers of attorney created in accordance with sections 1-350 to 1-353b, inclusive, to account concerning the estates entrusted to their charge or for other relief as provided in sections 1-350 to 1-353b, inclusive; and (7) make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of this state.”

(1949 Rev., S. 6813; P.A. 80-410, S. 1; 80-476, S. 2; P.A. 93-279, S. 6; P.A. 98-219, S. 4; P.A. 15-240, S. 46.)

History: P.A. 80-410 and P.A. 80-476 specified court power to grant administration of intestate estates and to admit wills to probate in greater detail, extending power to estates of persons not domiciled in state or in court districts and deleted provision re appeals from findings as to domicile; Sec. 45-4 transferred to Sec. 45a-98 in 1991; P.A. 93-279 divided section into Subsecs. and Subdivs., adding Subdivs. (3) and (4) and making technical changes in Subdiv. (5) re jurisdiction to determine title or rights in possession to tangible or intangible property, including rights and obligations of beneficiary and joint tenant and jurisdiction to construe meaning and effect of will or trust agreement in certain cases and adding as Subsec. (b) provision re concurrent jurisdiction with superior court to determine title or rights or to construe instruments; P.A. 98-219 added provisions re application of doctrine of cy pres or approximation; P.A. 15-240 amended Subsec. (a) by redesignating existing provisions in Subdiv. (4) as Subdiv. (4)(A) and (4)(B), amending redesignated Subdiv. (4)(B) by substituting “an inter vivos trust upon a petition that meets the requirements for a petition for an accounting pursuant to subsection (b) or (c) of section 45a-175” for “, or, with respect to an inter vivos trust, if that trust is or could be subject to the jurisdiction of the court for an accounting pursuant to section 45a-175”, adding Subdiv. (4)(C) re power of attorney pursuant to Sec. 1-350o, and substituting “agents” for “attorneys-in-fact” and “sections 1-350 to 1-353b, inclusive,” for “section 45a-562” and adding “or for other relief as provided in sections 1-350 to 1-353b, inclusive” in Subdiv. (6), effective July 1, 2016.