Rule 18 - Transfer of Matter between Probate CourtsSection 18.1 Transfer of guardianship matter(a) On motion of a person authorized by C.G.S. section 45a-599 or 45a-677, the court may transfer a guardianship matter to another Probate Court if the transferring court finds that an adult with intellectual disability or a minor has become a resident of the other probate district and that the transfer is in the best interests of the adult with intellectual disability or the minor. The court may act on the motion without notice and hearing or may use the streamline notice procedure.(b) If the court has established a trust under C.G.S. section 45a-151 or 45a-655 and the guardianship for the beneficiary of the trust is transferred under section 18.1(a), the court may, on motion of a person authorized by C.G.S. section 45a-599 or 45a-677 to request a transfer of the guardianship, transfer the trust to the probate district to which the guardianship has been transferred. The court may act on the motion without notice and hearing. (Probate Court Rules, section 8.6.)
Section 18.2 Transfer of conservatorship matter(a) On motion of a person authorized by C.G.S. section 45a-661, the court shall transfer a conservatorship matter to another Probate Court if the transferring court finds that:(1) a person under conservatorship has become a resident of the other probate district; and(2) the requested transfer is the preference of the person under conservatorship.(b) If a transfer is required under C.G.S. section 45a-661, the court may issue a decision on a pending petition or motion before ordering the transfer.(c) If the court has established a trust under C.G.S. section 45a-151 or 45a-655 and the conservatorship for the beneficiary of the trust is transferred under section 18.2(a), the court may, on motion of a person authorized by C.G.S. section 45a-661 to request a transfer of the conservatorship, transfer the trust to the probate district to which the conservatorship has been transferred. The court may act on the motion without notice and hearing. Section 18.3 Transfer of initial petitionIf the court finds that it does not have jurisdiction to hear a petition seeking to initiate a matter but that another Probate Court in this state does have jurisdiction to hear the matter, the court shall transfer or dismiss the petition in accordance with C.G.S. section 45a-98d.
Section 18.4 Consolidation of children's matters(a) On motion of a party or on the court's own motion, a court may transfer a matter concerning guardianship of the person of a minor under C.G.S. sections 45a-603 through 45a-625 or termination of parental rights under C.G.S. sections 45a-715 through 45a-719 to another Probate Court if the transferring court finds that: (1) a prior matter concerning the same minor is pending or continuing in the other court; and(2) the transfer is in the best interests of the minor.(b) The court may act on a motion under subsection (a) without notice and hearing or may use the streamline notice procedure. (C.G.S. section 45a-599; Probate Court Rules, section 8.6.)
Section 18.5 Transfer of children's matter to Regional Children's Probate Court(a) On motion of a party or on the court's own motion, a court that does not participate in a Regional Children's Probate Court may transfer a children's matter to a children's court.(b) Before deciding a motion to transfer, the court shall consult with the administrative judge of the children's court concerning the resources available at the children's court to handle the matter. The court may act on its own motion without notice and hearing.(c) A matter transferred under this section may be heard by the transferring judge or a judge who participates in the children's court. (C.G.S. sections 45a-8a, 45a-623 and 45a-715(g).)
Rule 18 adopted effective 7/1/2013. Sections 18.1 and 18.2 amended effective 7/1/2015. Section 18.3 adopted effective 7/1/2017. Sections 18.1, 18.2 and 18.3 amended and sections 18.4 and 18.5 adopted effective 1/1/2020; Section 18.5 amended effective July 1, 2022.