Sec. 45a-242. (Formerly Sec. 45-263). Removal, resignation and replacement of fiduciary.
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/ct/title-45a/chapter-802-fiduciaries/45a-242·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.