§ 45a-477 — (Formerly Sec. 45-90). Jurisdiction of Probate Court over trusts administered outside of this state.

Connecticut § 45a-477

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

Text

Any one or more of the beneficiaries of a trust that is administered outside of this state who are residents of this state may petition the Probate Court specified in section 45a-499p to assume jurisdiction of such trust. In the petition, the beneficiaries shall allege that it would be in the best interest of some or all of the beneficiaries and not adverse to any of the other beneficiaries to be administered in a Probate Court in this state or that all such beneficial owners consent to the administration of the trust or custodianship in a Probate Court in this state. The Probate Court, after hearing with notice as it directs, including notice to any court having jurisdiction over the trust upon written consent of all such beneficiaries or satisfaction that the allegations in the petition are true and upon proof that such transfer is not prohibited by law, may assume jurisdiction. If a probate bond is required under the laws of the state in which the transferring court is located or this state, such bond shall be given to the Probate Court prior to the assumption of jurisdiction by such court. Upon transfer and assumption of jurisdiction and administration of such trust to this state, the record shall be established in the Probate Court as if the trust were being originally established for administration in this state and the provisions of the general statutes shall govern the trust and its administration. See Sec. 45a-206 re foreign corporation's right to be executor or trustee. See Sec. 45a-207 re investments held by foreign corporation as executor or trustee. See Sec. 45a-635 re removal by foreign guardian of ward's personal property. See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.

Legislative History

(1949 Rev., S. 6895; P.A. 80-227, S. 14, 24; 80-476, S. 217; P.A. 82-115, S. 1, 3; P.A. 19-137, S. 115.) History: P.A. 80-227 rephrased provision re bond requirement, adding reference to increases in existing bond and security and reducing amount from double the value of the estate “of which such person is entitled to the life use or income” to an amount equaling the value of the estate to be removed from state, effective July 1, 1981; P.A. 80-476 rephrased provisions; P.A. 82-115 added Subsec. (b) allowing probate courts to assume jurisdiction over trusts created by nondomiciliaries; Sec. 45-90 transferred to Sec. 45a-477 in 1991; P.A. 19-137 deleted former Subsec. (a) re person not a resident of state who is owner of life estate or income in personal property or real property in state, deleted former Subsec. (b) designator and amended same by replacing “vested beneficial owners of interests established by a testamentary transfer of real property situated in this state or personal property wherever situated, in trust or under custodianship established and administered” with “beneficiaries of a trust that is administered”, replacing provision re Probate Court district with “the Probate Court specified in section 45a-499p”, deleting references to custodianship, replacing references to beneficial owners with references to beneficiaries, replacing “estate” with “trust”, and making technical changes, effective January 1, 2020. Annotations to former section 45-90: Court in which estate is settled alone has jurisdiction. 58 C. 233. Transfer of funds in ancillary trust here to another jurisdiction is consistent with Connecticut public policy. 28 CS 499.