When there is so near a relationship between any deceased person or any legatee, devisee, heir, spouse or creditor of such deceased person, and a judge of probate, as between husband and wife, parent and child, brothers and sisters, by nature or marriage, or when any such judge is interested in any matter brought to or pending in his court, he or she shall be disqualified to act as judge in relation to the estate of such deceased person or in hearing such matter; and he or she may decline to act as such judge in any matter if in his or her opinion it would be improper for him or her so to act. No judge of probate shall appoint as a fiduciary any corporation of which he or she is a director or salaried officer unless such corporation has been nominated as such fiduciary by a testator or trustor.
(1949 Rev., S. 6816; 1957, P.A. 371; 1967, P.A. 558, S. 14; 1971, P.A. 78, S. 3; P.A. 74-67; P.A. 87-260, S. 4.)
History: 1967 act added as ground for disqualification of judge “when the powers and duties of any such judge have been suspended in relation to any matter by the chief court administrator ...” and made disqualification absolute rather than contingent upon objection made by “anyone interested”; 1971 act deleted as ground for disqualification “when any such judge or his partner or associate has been retained as attorney or counsel in any matter”; P.A. 74-67 substituted “spouse” for “wife” and added feminine personal pronouns as necessary; P.A. 87-260 deleted provision requiring disqualification of a judge who has had his powers and duties suspended in relation to any matter by the chief court administrator as provided in Sec. 45-11a to reflect repeal of said Sec. 45-11a; Sec. 45-8 transferred to Sec. 45a-22 in 1991.
See Sec. 51-39 re judges' disqualification by relationship or interest.
Annotations to former section 45-8:
Uncle of husband of devisee, etc., not disqualified. 17 C. 545. Judge who is an inhabitant of a town which is a creditor is disqualified. 19 C. 585. Type of interest which will disqualify judge. 26 C. 7. Judge previously retained or consulted not disqualified. Id., 577. Judge who is also selectman disqualified to act on application for appointment of conservator. 28 C 268. Cited. 134 C. 606; 215 C. 553.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801 - Probate Court: Administrative Provisions
Section 45a-1. (Formerly Sec. 45-2a). - “District” defined.
Section 45a-2. (Formerly Sec. 45-1). - Probate districts.
Section 45a-2a. - Probate district names. Designation. Publication.
Section 45a-7. (Formerly Sec. 45-3). - Where court held.
Section 45a-8a. - Regional Children's Probate Courts.
Section 45a-8b. - Extended family guardianship and assisted care pilot program. Regulations.
Section 45a-8c. - Truancy clinic. Administration. Policies and procedures. Report.
Section 45a-9. (Formerly Sec. 45-13). - Indexes.
Section 45a-11. (Formerly Sec. 45-15). - Certification of records and files.
Section 45a-19. (Formerly Sec. 45-6). - Electoral status of judges.
Section 45a-20. (Formerly Sec. 45-4k). - Payment of three-judge court.
Section 45a-21. (Formerly Sec. 45-4c). - Court employees to serve at pleasure of judge.
Section 45a-24. (Formerly Sec. 45-9). - Validity of orders, judgments and decrees.
Section 45a-34. (Formerly Sec. 45-29a). - Definitions.
Section 45a-35. (Formerly Sec. 45-29b). - Probate Judges and Employees Retirement Fund.
Section 45a-36. (Formerly Sec. 45-29c). - Retirement qualifications.
Section 45a-37. (Formerly Sec. 45-29d). - Retirement date.
Section 45a-38. (Formerly Sec. 45-29e). - Retirement of employee after ten years of service.
Section 45a-39. (Formerly Sec. 45-29f). - Retirement of judge after ten years of service.
Section 45a-40. (Formerly Sec. 45-29g). - Disability retirement.
Section 45a-42. (Formerly Sec. 45-29i). - Reemployment after retirement.
Section 45a-43. (Formerly Sec. 45-29j). - Husband and wife retirement income option.
Section 45a-44. (Formerly Sec. 45-29k). - Retirement contributions of employees.
Section 45a-45. (Formerly Sec. 45-29l). - Retirement contributions of judges.
Section 45a-46. (Formerly Sec. 45-29m). - Refund of contributions after death.
Section 45a-47. (Formerly Sec. 45-29n). - Employment by more than one probate court.
Section 45a-48. (Formerly Sec. 45-29o). - Benefits not assignable.
Section 45a-49. (Formerly Sec. 45-29p). - Disposition of retirement contributions.
Section 45a-50. (Formerly Sec. 45-29q). - Administration of retirement allowances.
Section 45a-51. (Formerly Sec. 45-29r). - Liability of courts.
Section 45a-52. (Formerly Sec. 45-29s). - Liability of retirement fund in event of statutory change.
Section 45a-53. (Formerly Sec. 45-29t). - Service as judge and employee.
Section 45a-54. (Formerly Sec. 45-29w). - Credit for military service and General Assembly service.
Section 45a-55. (Formerly Sec. 45-29x). - Pension claims. Denial. Review.
Section 45a-62. (Formerly Sec. 45-11d). - Council on Probate Judicial Conduct.
Section 45a-63a. - Time limitation re complaint for misconduct.
Section 45a-64. (Formerly Sec. 45-11f). - Hearing.
Section 45a-66. (Formerly Sec. 45-11h). - Witnesses before council.
Section 45a-67. (Formerly Sec. 45-11i). - Expenses of council paid from probate fund.
Section 45a-68. (Formerly Sec. 45-11j). - Probate judge to file statement of financial interests.
Section 45a-75. (Formerly Sec. 45-29u). - Probate Court Administrator, salary and benefits.
Section 45a-76. (Formerly Sec. 45-4e). - Biennial report by Probate Court Administrator.
Section 45a-79b. - Special assignment probate judges.
Section 45a-79c. - Court of probate business hours.
Section 45a-80. (Formerly Sec. 45-4a). - Office space.
Section 45a-83. (Formerly Sec. 45-4i). - Payment of expenses. Transfers from General Fund.
Section 45a-90. (Formerly Sec. 45-24). - Connecticut Probate Assembly. Meetings. Powers and duties.
Section 45a-91. (Formerly Sec. 45-25). - Officers and committees.
Section 45a-92. (Formerly Sec. 45-26). - Payments to State Treasurer.
Section 45a-95. - Compensation of probate judges on and after January 5, 2011: Definitions.
Section 45a-95a. - Compensation of probate judges on and after January 5, 2011.