Conn. Gen. Stat. » Title 45a — PROBATE COURTS AND PROCEDURE · Chapter 801a — Probate Court: Jurisdiction, Powers
Connecticut General Statutes

Conn. Gen. Stat. § 45a-98a (2025)

Jurisdiction of Probate Court to determine title or rights or to construe instruments. Limitations. Affidavit of intent to claim jury trial, effect on Probate Court proceedings

✓ laws through the 2024 session: the source has not yet published 2025 Public Acts (checked Sept. 2026)
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(a) The Probate Court shall have jurisdiction under subdivision (3), (4) or (5) of subsection (a) of section 45a-98 only if (1) the matter in dispute is not pending in another court of competent jurisdiction and (2) the Probate Court does not decline jurisdiction. Before the initial hearing on the merits of a matter in dispute in which jurisdiction is based on subdivision (3), (4) or (5) of subsection (a) of section 45a-98, the Probate Court may, on its own motion, decline to take jurisdiction of the matter in dispute. Before the initial hearing on the merits of such a matter, any interested person may file an affidavit that such person is entitled and intends under section 52-215 to claim a trial of the matter by jury. In that case, the Probate Court shall allow the person filing the affidavit a period of sixty days within which to bring an appropriate civil action in the Superior Court to resolve the matter in dispute. If such an action is brought in the Superior Court, the matter, after determination by the Superior Court, shall be returned to the Probate Court for completion of the Probate Court proceedings.

(b) If a party fails to file an affidavit of intent to claim a jury trial prior to the initial hearing in the Probate Court on the merits, or having filed such an affidavit, fails to bring an action in the Superior Court within the sixty-day period allowed by the Probate Court, the party shall be deemed to have consented to a hearing on the matter in the Probate Court and to have waived any right under section 52-215 or other applicable law to a trial by jury.

(P.A. 93-279, S. 7; P.A. 98-219, S. 5.)

History: P.A. 98-219 amended Subsec. (a) by adding references to Sec. 45a-98(a)(5).

Cited. 44 CS 592.

Subsec. (a):

Exception regarding actions over which courts of probate have original jurisdiction does not apply because Probate Court lacked original jurisdiction over the foreclosure action, which included the deficiency proceeding, and which was pending in the Superior Court which had competent jurisdiction. 206 CA 178.

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Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1999–2023 · leading case: Connery v. Gieske, 147 A.3d 94 (Conn. 2016).
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Connery v. Gieske, 147 A.3d 94 (Conn. 2016). · cites it 9× “2 The plaintiff, who had been married to the decedent, claims that the trial court improperly treated the present action as an appeal from orders of the Probate Court when, in fact, it is an action to vindicate the plaintiff's right to remove probate matters to the Superior…”
Bender v. Bender, 975 A.2d 636 (Conn. 2009). · cites it 6× “14 General Statutes § 45a-98a provides: “(a) The Probate Court shall have jurisdiction under subdivision (3), (4) or (5) of subsection (a) of section 45a-98 only if (1) the matter in dispute is not pending in another court of competent jurisdiction and (2) the Probate Court does…”
Chase Manhattan Bank v. Gavin, 733 A.2d 782 (Conn. 1999). · cites it 3× “s of persons who have died domiciled in their districts and of intestate estates of persons not domiciled in this state which may be granted as provided by section 45a-303; (2) admit wills to probate of persons who have died domiciled in their districts or of nondomiciliaries…”
Corcoran v. Dep't of Soc. Servs., 859 A.2d 533 (Conn. 2004). “(4) except as provided in section 45a-98a, construe the meaning and effect of any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court, or, with…”
Hynes v. Jones, 204 A.3d 1128 (Conn. 2019). “any decedent's estate, or any estate under control of a guardian or conservator, which ... estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the .”
Palozie v. Palozie, 927 A.2d 903 (Conn. 2007). “(3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent’s…”
Hynes v. Jones, 167 A.3d 375 (Conn. App. Ct. 2017). “(3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of .”
Przekopski v. Przekop, 4 A.3d 844 (Conn. App. Ct. 2010). “(3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent’s…”
Solon v. Slater, 287 A.3d 574 (Conn. 2023). · cites it 3× “Before the initial hearing on the merits of a matter in dispute in which jurisdiction is based on subdivision (3) .”
Solon v. Slater, 287 A.3d 574 (Conn. 2023). · cites it 3× “Before the initial hearing on the merits of a matter in dispute in which jurisdiction is based on subdivision (3) . . . of subsection (a) of section 45a-98, the Probate Court may, on its own motion, decline to take jurisdiction of the matter in dispute.”
Geremia v. Geremia, 159 Conn. App. 751 (Conn. App. Ct. 2015). · cites it 5× “the matter in dispute is not pending in another court of competent jurisdiction . . . .”
Nikola v. 2938 Fairfield, LLC, 259 A.3d 1199 (Conn. App. Ct. 2021). · cites it 2× “One limitation on the jurisdiction of the Probate Court is found in General Statutes § 45a-98a (a), which provides in relevant part that ‘‘[t]he Probate Court shall have jurisdiction .”
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