§ 45a-242 — (Formerly Sec. 45-263). Removal, resignation and replacement of fiduciary.

Connecticut § 45a-242

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 802: Fiduciaries

Text

(a) The Probate Court having jurisdiction may, upon its own motion or upon the petition of any person interested or of the surety upon the fiduciary's probate bond, after notice and hearing, remove any fiduciary if: (1) The fiduciary becomes incapable of executing such fiduciary's trust, neglects to perform the duties of such fiduciary's trust, wastes the estate in such fiduciary's charge, or fails to furnish any additional or substitute probate bond ordered by the court, (2) lack of cooperation among cofiduciaries substantially impairs the administration of the estate, (3) because of unfitness, unwillingness or persistent failure of the fiduciary to administer the estate effectively, the court determines that removal of the fiduciary best serves the interests of the beneficiaries, or (4) there has been a substantial change of circumstances or removal is requested by all of the beneficiaries, the court finds that removal of the fiduciary best serves the interests of all the beneficiaries and is not inconsistent with a material purpose of the governing instrument and a suitable cofiduciary or successor fiduciary is available. A successor corporate fiduciary shall not be removed in such a manner as to discriminate against state banks or national banking associations, nor shall any consolidated state bank or national banking association or any receiving state bank or national banking association be removed solely because it is a successor fiduciary, as defined in section 45a-245a. (b) The Probate Court, after notice and hearing, may accept or reject the written resignation of any fiduciary, but such resignation shall not relieve such fiduciary from the obligation to fully and finally account to the court for the administration of such fiduciary's trust. The fiduciary shall submit a final account to the court within sixty days of the acceptance of his or her resignation. (c) A guardian appointed by a testator in a will may resign or be removed, and the vacancy filled by the court having jurisdiction in the manner provided under this section, unless otherwise provided by the will. (d) Except as otherwise provided in subsection (c) of this section, upon the death, removal or acceptance of the resignation of any fiduciary before the completion of such fiduciary's duties, the Probate Court may appoint a suitable person to fill the resultant vacancy and such successor fiduciary shall give a probate bond, unless such bond is excused by the will or otherwise by law. (e) All suits in favor of or against the original fiduciary shall survive to and may be prosecuted by or against the person appointed to succeed such fiduciary. (f) For purposes of this section, “fiduciary” includes executors, administrators, conservators and guardians, but does not include trustees. See Sec. 45a-143 re duty to exhibit the condition of the estate. See Sec. 45a-199 for definition of “fiduciary”.

Legislative History

(1949 Rev., S. 7041; P.A. 80-227, S. 21, 24; 80-476, S. 192; P.A. 01-114; P.A. 18-45, S. 7; P.A. 19-137, S. 113.) History: P.A. 80-227 authorized removal of executor of administrator who “fails to furnish any additional or substitute probate bond ordered by the court”, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and rephrased and reordered provisions; Sec. 45-263 transferred to Sec. 45a-242 in 1991; P.A. 01-114 amended Subsec. (a) to reorder provisions, designate existing grounds for removal of a fiduciary as Subdiv. (1), add Subdiv. (2) re lack of cooperation among fiduciaries, add Subdiv. (3) re unfitness, unwillingness or persistent failure of fiduciary to administer the estate effectively, add Subdiv. (4) re substantial change of circumstances or removal requested by all the beneficiaries and add provision re limitation on the removal of a successor corporate fiduciary or certain state banks or national banking associations and made technical changes throughout section for purposes of gender neutrality; P.A. 18-45 amended Subsec. (a) by replacing “application and complaint” with “petition”, amended Subsec. (b) by replacing “resignation shall not be accepted until such fiduciary has fully and finally accounted for the administration of such fiduciary's trust to the acceptance of such court” with “resignation shall not relieve such fiduciary from the obligation to fully and finally account to the court for the administration of such fiduciary's trust”, and adding provision re fiduciary's submission of final account to court within 60 days of acceptance of resignation, and made technical changes; P.A. 19-137 amended Subsec. (c) by replacing “Trustees appointed by a testator to execute a trust created by will and testamentary guardians” with “A guardian appointed by a testator in a will” and making a technical change, amended Subsec. (d) by adding “, unless such bond is excused by the will or otherwise by law” and added Subsec. (f) defining “fiduciary”, effective January 1, 2020. Annotations to former section 45-263: Removed executor should immediately turn over all property of estate to his successor. 17 C. 420. Failure to file inventory and obey order to give notice of limitation, ground for removal. 40 C. 288. Cited. 59 C. 331; 63 C. 307. Trust is not allowed to fail for lack of a trustee. 101 C. 528. Power of removal to be used for protection of estate; facts held to justify refusal to exercise power of removal. 107 C. 541. Unless Probate Court has abused discretion in refusing to remove trustee accused of wasting estate, its decision must stand. 117 C. 583. Trustee removed for neglect of duty is not entitled to appeal. 129 C. 67, see 175 C. 200. Cited. 147 C. 482. What constitutes sufficient basis for removal of a trustee. 148 C. 361. Question of credibility is for trier, and trial court could reasonably have concluded Probate Court had not abused its discretion in removing a trustee who failed to obey its orders. 155 C. 413. Reversal of 107 C. 535 and doctrine of discretion in Probate Court; on appeal all matters may be tried de novo without regard to result reached by Probate Court. 158 C. 286. Overruled 129 C. 67 insofar as it stands for the proposition that a personal pecuniary interest is required to appeal; a fiduciary has standing to appeal any decree adversely affecting the interests of those for whom he is acting, if it is a part of his duty to protect those interests. 175 C. 200. Cited. 202 C. 57. Cited. 6 CA 115; 19 CA 456. Whether or not an administrator should be removed is a question addressed to the discretion of the Probate Court and will not be reversed upon appeal unless it is a clear abuse of discretion. 10 CS 97. Final accounting can be had only in Court of Probate that appointed guardian. 14 CS 13. Cited. 40 CS 312. Annotations to present section: Fiduciary removed pursuant to Subsec. (a)(4) has not been conferred with statutory aggrievement pursuant to Sec. 45a-243 and may not maintain an appeal pursuant to that section; fiduciary removed pursuant to Subsec. (a)(4) is not an aggrieved person pursuant to Sec. 45a-186. 267 C. 229. Cited. 30 CA 334.