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.