2022 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802c - Trusts
Section 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:

(1) Determine the validity of the will establishing the trust pursuant to subdivision (2) of subsection (a) of section 45a-98;

(2) Compel a trustee to account pursuant to subdivision (6) of subsection (a) of section 45a-98;

(3) Approve a trustee's account pursuant to sections 45a-175 to 45a-179, inclusive, or proposed final distribution pursuant to section 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 section 45a-151;

(6) Approve the sale of personal property pursuant to section 45a-163;

(7) Approve the sale or mortgage of real property pursuant to section 45a-164;

(8) Remove or accept the resignation of a trustee pursuant to section 45a-499vv or subsection (b) of section 45a-499ww;

(9) Appoint a successor trustee in the event of a vacancy or anticipated vacancy pursuant to section 45a-499uu;

(10) Order a trustee to furnish a probate bond pursuant to section 45a-499ss;

(11) Assume jurisdiction of a trust pursuant to section 45a-477;

(12) Order distribution of a decedent's estate or testamentary trust to the beneficiaries of an inoperative trust pursuant to section 45a-482;

(13) Authorize a trustee to disclaim an interest pursuant to section 45a-579;

(14) Authorize a trustee to combine two or more trusts or divide a trust into two or more separate trusts pursuant to section 45a-499ll; and

(15) Terminate a charitable trust pursuant to section 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 section 45a-98;

(2) Determine the validity and construe the meaning and effect of a trust pursuant to subdivision (4) of subsection (a) of section 45a-98;

(3) Apply the doctrine of cy pres or approximation pursuant to subdivision (5) of subsection (a) of section 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 section 45a-485;

(6) Reform a trust to qualify for the charitable deduction pursuant to section 45a-519;

(7) Reform a charitable remainder unitrust pursuant to section 45a-521;

(8) Authorize transfer of the principal place of administration of a trust to another jurisdiction pursuant to section 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 section 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 section 45a-98;

(2) Approve a trustee's account pursuant to section 45a-175;

(3) With respect to an action that could be reported in a subsequent account pursuant to section 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 section 45a-499ww;

(5) Appoint a successor trustee in the event of a vacancy or anticipated vacancy pursuant to section 45a-487m or 45a-499uu and subsection (g) of section 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 section 45a-579;

(8) Authorize a trustee to combine two or more trusts or divide a trust into two or more separate trusts pursuant to section 45a-499ll;

(9) Terminate a charitable trust pursuant to section 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 section 45a-98;

(11) Determine the validity and construe the meaning and effect of a trust pursuant to subdivision (4) of subsection (a) of section 45a-98;

(12) Apply the doctrine of cy pres or approximation pursuant to subdivision (5) of subsection (a) of section 45a-98;

(13) Reform a trust to achieve the settlor's tax objectives pursuant to section 45a-499kk;

(14) Authorize transfer of the principal place of administration of a trust to another jurisdiction pursuant to section 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 section 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.

(P.A. 19-137, S. 15.)

History: P.A. 19-137 effective January 1, 2020.