Sec. 45a-478. (Formerly Sec. 45-87). Appointment of trustee when person has disappeared. Trustee's rights and duties. Procedure if person reappears.
Sec. 45a-478. (Formerly Sec. 45-87). Appointment of trustee when person has
disappeared. Trustee's rights and duties. Procedure if person reappears. (a) When
any person having property has disappeared so that after diligent search his whereabouts
cannot be ascertained, the court of probate in the district in which he resided or had his
domicile at the time of his disappearance or, if such person resided outside of this state,
then in the district in which any of his property is situated, upon the application of the
spouse, or a relative, creditor or other person interested in the property of such person,
or the selectmen of the town where such person last resided, or in which such property
is situated, shall, after public notice and a hearing thereon, appoint a trustee of the
property of such person.
(b) Diligent search shall be deemed to have been made for any person who has
disappeared while serving with the armed forces when such person has been reported
or listed as missing, missing in action, interned in a neutral country or beleaguered,
besieged or captured by an enemy.
(c) Such trustee, upon giving a probate bond, shall have charge of such property,
and he shall have the same powers, duties and obligations as a conservator of the estate
of an incapable person. With the approval of the court of probate, such trustee may use
any portion of the income or principal of such property for the support of the spouse
and minor children of such person.
(d) Upon its own motion or upon the application of any interested person, the court
of probate may, after public notice and a hearing thereon, remove, discharge, require
an accounting from, or appoint a successor to, such trustee.
(e) The court of probate may continue such trustee in office until satisfactory proof
of the death of such person is furnished, until proceedings are taken to settle his estate
on the presumption of his death under the provisions of section 45a-329, or for a period
of seven years from the time of the disappearance of such person if he remains unheard of.
(f) In case of the reappearance of such person, the court of probate shall, on his
application, after hearing and public notice thereof, order the restoration of such property
to the person entitled thereto and the discharge of such trustee, after acceptance of the
trustee's account.
(1949 Rev., S. 6892; 1953, S. 2909d; P.A. 80-476, S. 218.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-87 transferred to Sec. 45a-478
in 1991.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.