Table of Contents
Sec. 45a-273. (Formerly Sec. 45-266). Settlement of small estates without probate of will
or letters of administration.
Sec. 45a-274. (Formerly Sec. 45-266a). Payment of medical or health benefits.
Sec. 45a-275. (Formerly Sec. 45-266b). Applicability of statutes.
Sec. 45a-276. (Formerly Sec. 45-266c). Comity recognition of foreign decrees.
Secs. 45a-277 to 45a-281.
Sec. 45a-282. (Formerly Sec. 45-164). Custodian of will to deliver it after testator's
death. Penalty.
Sec. 45a-283. (Formerly Sec. 45-163). Executor to exhibit will for probate. Penalty for
failure.
Sec. 45a-284. (Formerly Sec. 45-164a). Opening of safe deposit boxes to search for a
will.
Sec. 45a-285. (Formerly Sec. 45-166). Proof of will out of court.
Sec. 45a-286. (Formerly Sec. 45-167). Hearing required before proving or rejecting a
will. Notice.
Sec. 45a-287. (Formerly Sec. 45-170). Where will of nonresident testator may be proved.
Probate costs for settlement of estate of nondomiciliary testator.
Sec. 45a-288. (Formerly Sec. 45-171). Recording of a will proved without this state.
Sec. 45a-289. (Formerly Sec. 45-169). When bond required of executor. Amount of bond. Reduction of bond.
Sec. 45a-290. (Formerly Sec. 45-168). Administration with the will annexed and de bonis
non.
Sec. 45a-291. (Formerly Sec. 45-189). Executor to administer intestate part of an estate.
Sec. 45a-292. (Formerly Sec. 45-190). Executor of an executor.
Sec. 45a-293. (Formerly Sec. 45-179). Notice of devise or bequest to corporation.
Sec. 45a-294. (Formerly Sec. 45-185). Expenses of executor or administrator in will
contest.
Sec. 45a-295. (Formerly Sec. 45-186). Court may annul orders passed under a revoked will.
Subsequent settlement procedure.
Sec. 45a-296. (Formerly Sec. 45-187). Procedure if, on appeal, will is set aside after
partial settlement. Effect on fiduciary.
Sec. 45a-297. (Formerly Sec. 45-188). Procedure if will is found after partial settlement.
Secs. 45a-298 to 45a-302.
Sec. 45a-303. (Formerly Sec. 45-195). Jurisdiction of intestate estates. Probate costs.
Issuance of letters of administration.
Secs. 45a-304 to 45a-308.
Sec. 45a-309. (Formerly Sec. 45-195a). Finding of domicile.
Secs. 45a-310 to 45a-314.
Sec. 45a-315. (Formerly Sec. 45-249a). "Fiduciary" defined.
Sec. 45a-316. (Formerly Sec. 45-249c). Appointment of temporary administrator to preserve
assets.
Sec. 45a-317. (Formerly Sec. 45-249d). Powers and duties of temporary appointee. Removal.
Account.
Sec. 45a-318. (Formerly Sec. 45-253). Custody of remains of deceased persons.
Sec. 45a-319.
Sec. 45a-320. (Formerly Sec. 45-250). Allowance for support of surviving spouse and family. Family car.
Sec. 45a-321. (Formerly Sec. 45-252). Custody of real property. Products and income of
real property. Family may occupy homestead.
Sec. 45a-322. (Formerly Sec. 45-254). Death of owner of real property or oyster grounds
to be recorded. Penalty.
Sec. 45a-323. (Formerly Sec. 45-255). Oyster grounds as personal property.
Sec. 45a-324. (Formerly Sec. 45-255a). Power to sell real property as authorized by testator.
Sec. 45a-325. (Formerly Sec. 45-257). Execution of contract of decedent for sale of real
property.
Sec. 45a-326. (Formerly Sec. 45-257a). Partition or sale of undivided interest in decedent's estate. Notice. Hearing.
Sec. 45a-327. (Formerly Sec. 45-257b). Sale of decedent's real property subject to
mortgage.
Sec. 45a-328. (Formerly Sec. 45-256). Court may authorize stock and materials to be
worked up or business to be continued.
Sec. 45a-329. (Formerly Sec. 45-257c). Settlement of estate on presumption of death.
Sec. 45a-330. (Formerly Sec. 45-257d). Time limited for granting administration or proving will; exceptions.
Sec. 45a-331. (Formerly Sec. 45-257e). Settlement of estate after ten years. Closure of
estate for dormancy.
Sec. 45a-332. (Formerly Sec. 45-257f). Notice to Commissioner of Revenue Services when
estate may escheat.
Sec. 45a-333. (Formerly Sec. 45-260). Payment of taxes due from estate.
Sec. 45a-334. (Formerly Sec. 45-258). Lien of remainderman for repairs and improvements
upon real property.
Secs. 45a-335 to 45a-339.
Sec. 45a-340. (Formerly Sec. 45-201a). "Fiduciary" defined.
Sec. 45a-341. (Formerly Sec. 45-202). Inventory to be filed. Property included in inventory. Appraisal. Time limits. Sale of personal property. Hearing. Return of sale.
Sec. 45a-342. (Formerly Sec. 45-203). Penalty for not filing inventory.
Sec. 45a-343. (Formerly Sec. 45-203a). Objections to inventory or appraisal. Notice and
hearing.
Sec. 45a-344. (Formerly Sec. 45-203b). Notice to Commissioner of Revenue Services if estate not subject to succession or inheritance tax.
Sec. 45a-345. (Formerly Sec. 45-202b). Waiving of inventory filing requirement and filing
with Commissioner of Revenue Services.
Sec. 45a-346. (Formerly Sec. 45-202a). Appointment of court-appointed appraisers prohibited.
Sec. 45a-347. (Formerly Sec. 45-203c). Beneficiary designation exempt from laws governing
transfer by will.
Secs. 45a-348 to 45a-352.
Sec. 45a-353. (Formerly Sec. 45-230b). Definitions.
Sec. 45a-354. (Formerly Sec. 45-230c). Notice to creditors.
Sec. 45a-355. (Formerly Sec. 45-230d). Notification to Departments of Administrative Services and Veterans' Affairs.
Sec. 45a-356. (Formerly Sec. 45-230e). Effect of failure to present claim; exoneration of
fiduciary.
Sec. 45a-357. (Formerly Sec. 45-230f). Optional notice procedures; effect of failure to
present claim; discretionary extension of time; exoneration.
Sec. 45a-358. (Formerly Sec. 45-230g). Form and verification of claims; presentation.
Sec. 45a-359. (Formerly Sec. 45-230h). Unmatured, contingent or unliquidated claims.
Sec. 45a-360. (Formerly Sec. 45-230i). Allowance or rejection of claims.
Sec. 45a-361. (Formerly Sec. 45-230j). Return and list of claims.
Sec. 45a-362. (Formerly Sec. 45-230k). Determination of claims presented if fiduciary
dies, resigns or is removed.
Sec. 45a-363. (Formerly Sec. 45-230l). Suit against estate on rejected claim; time within
which to commence suit or file application.
Sec. 45a-364. (Formerly Sec. 45-230m). Hearing on rejected claims by Probate Court or
commissioners; costs.
Sec. 45a-365. (Formerly Sec. 45-230n). Order of payment of claims, expenses and taxes.
Sec. 45a-366. (Formerly Sec. 45-230o). Payment of funeral and last illness expenses of
married person.
Sec. 45a-367. (Formerly Sec. 45-230p). Payment of claims of fiduciary.
Sec. 45a-368. (Formerly Sec. 45-230q). Liability of beneficiaries.
Sec. 45a-369. (Formerly Sec. 45-230r). Order of liability; preferences.
Sec. 45a-370. (Formerly Sec. 45-230s). Maximum liability of beneficiary.
Sec. 45a-371. (Formerly Sec. 45-230t). Liability of beneficiary-fiduciary.
Sec. 45a-372. (Formerly Sec. 45-230u). Action not impaired by failure to present claim to
fiduciary. Proper person to sue following final distribution.
Sec. 45a-373. (Formerly Sec. 45-230v). Action against one or more beneficiaries.
Sec. 45a-374. (Formerly Sec. 45-230w). Title of bona fide purchaser from beneficiary protected.
Sec. 45a-375. (Formerly Sec. 45-230x). Statutes of limitation; suspension. Maximum periods applicable to claims. After-accruing claims.
Sec. 45a-376. (Formerly Sec. 45-230dd). Determination of insolvency.
Sec. 45a-377. (Formerly Sec. 45-230ee). Determination of insolvency after partial settlement.
Sec. 45a-378. (Formerly Sec. 45-230ff). Notice to creditors. Presentation of claims; effect of failure to present claim. Discretionary extension of time.
Sec. 45a-379. (Formerly Sec. 45-230gg). Creditor having secured claim. Determination of
value of security.
Sec. 45a-380. (Formerly Sec. 45-230hh). Fiduciary's report. Notice to creditors. Hearing.
Appeal.
Sec. 45a-381. (Formerly Sec. 45-230ii). Estate found solvent after finding of insolvency.
Sec. 45a-382. (Formerly Sec. 45-230jj). Suits against insolvent estate prohibited; pending suits.
Sec. 45a-383. (Formerly Sec. 45-230kk). Settlement of estate without claims procedures.
Sec. 45a-384. (Formerly Sec. 45-230a). Applicability.
Secs. 45a-385 to 45a-389.
Sec. 45a-390. (Formerly Sec. 45-204a). "Fiduciary" defined. Applicability of chapter.
Sec. 45a-391. (Formerly Sec. 45-204b). Claims to be in writing and sworn to if required.
Sec. 45a-392. (Formerly Sec. 45-204c). Order of payment of claims.
Sec. 45a-393. (Formerly Sec. 45-204d). Payment of funeral and last illness expenses of
married person.
Sec. 45a-394. (Formerly Sec. 45-204e). Notice to be given when decedent or relative received aid or care from state, including the Department of Veterans' Affairs. Effect on
limitation of claims.
Sec. 45a-395. (Formerly Sec. 45-205). Effect of time for presenting claims to fiduciary.
Effect of failure to present claim. Orders re extension of time. Amount of claim. Exceptions.
Sec. 45a-396. (Formerly Sec. 45-208). Presentation of claims when fiduciary is a nonresident.
Sec. 45a-397. (Formerly Sec. 45-207). Return of notice and list of claims.
Sec. 45a-398. (Formerly Sec. 45-209). Determination of claims presented against solvent
estate if fiduciary dies or is removed; period of limitation for suit on disallowed
claims.
Sec. 45a-399. (Formerly Sec. 45-213). Suit upon claims against fiduciary. Period of limitation.
Sec. 45a-400. (Formerly Sec. 45-213a). Procedure when fiduciary ignores presented claim.
Period of limitation.
Sec. 45a-401. (Formerly Sec. 45-213b). Hearing on disallowed claims by Probate Court or
commissioners. Appeals. Costs.
Sec. 45a-402. (Formerly Sec. 45-210). Suit against solvent estate on disallowed claim.
Limitation period. Suspension of limitation period. Tort actions.
Sec. 45a-403. (Formerly Sec. 45-212). Payment of claims of fiduciary.
Sec. 45a-404. (Formerly Sec. 45-226). Any estate may be settled as insolvent.
Sec. 45a-405. (Formerly Sec. 45-227). Estate found solvent to pay interest on debts;
claims of nonresident creditors; after-accruing claims.
Sec. 45a-406. (Formerly Sec. 45-214). Appointment of commissioners to determine claims on
insolvent estates; notice to creditors.
Sec. 45a-407. (Formerly Sec. 45-217). Limitation of time for exhibiting claims to commissioners.
Sec. 45a-408. (Formerly Sec. 45-215). Appointment of commissioners after time for presentation of claims has expired. Fiduciary to deliver claims and notify creditors.
Sec. 45a-409. (Formerly Sec. 45-230). Settlement of estate without commissioners.
Sec. 45a-410. (Formerly Sec. 45-219). Claims not exhibited are barred. Newly discovered
assets.
Sec. 45a-411. (Formerly Sec. 45-218). What claims may be allowed.
Sec. 45a-412. (Formerly Sec. 45-221). Procedure when creditor has security for his claim.
Sec. 45a-413. (Formerly Sec. 45-220). Commissioners' report. Notice to claimants of disallowed claims. Hearing on objections. Appeal.
Sec. 45a-414. (Formerly Sec. 45-228). Suits against insolvent estates prohibited. Exceptions. Pending suits.
Sec. 45a-415. (Formerly Sec. 45-216). Compensation of commissioners.
Sec. 45a-416. (Formerly Sec. 45-215a). Prohibition on appointment of certain persons as
commissioners.
Sec. 45a-417. (Formerly Sec. 45-225). Commissioners disqualified; validity of acts.
Sec. 45a-418. (Formerly Sec. 45-223). When commissioners disagree or one cannot act.
Sec. 45a-419. (Formerly Sec. 45-224). Removal of commissioners. Appointment of successors.
Secs. 45a-420 to 45a-424.
Sec. 45a-425. (Formerly Sec. 45-271a). "Fiduciary" defined.
Sec. 45a-426. (Formerly Sec. 45-271b). Protection of legacies.
Sec. 45a-427. (Formerly Sec. 45-271c). Sale of real property to pay legacies.
Sec. 45a-428. (Formerly Sec. 45-271d). Sale or mortgage of real property specifically devised. Procedures for solvent and insolvent estates.
Sec. 45a-429. (Formerly Sec. 45-271e). Contribution where estate is taken to pay debts.
Sec. 45a-430. (Formerly Sec. 45-271f). When distributees to give security for contingent
or future debts.
Sec. 45a-431. (Formerly Sec. 45-272). Distribution of estates.
Sec. 45a-432. (Formerly Sec. 45-284). Distribution of estate, testate in part.
Sec. 45a-433. (Formerly Sec. 45-273). Distribution of intestate estates.
Sec. 45a-434. (Formerly Sec. 45-272a). Division of estate among joint devisees or legatees.
Sec. 45a-435. (Formerly Sec. 45-272b). Personal property that may be set out to spouse
from insolvent estate.
Sec. 45a-436. (Formerly Sec. 45-273a). Succession upon death of spouse. Statutory share.
Sec. 45a-437. Intestate succession. Distribution to spouse.
Sec. 45a-438. (Formerly Sec. 45-274). Distribution to children. Children born out of wedlock may inherit.
Sec. 45a-438a. (Formerly Sec. 45-275). Distribution of intestate estate of minor.
Sec. 45a-438b. Distribution of intestate estate of child to father where paternity established after death.
Sec. 45a-439. (Formerly Sec. 45-276). Distribution when there are no children or representatives of them.
Sec. 45a-440. (Formerly Sec. 45-287). Simultaneous death; disposition of property.
Sec. 45a-440a. (Formerly Sec. 45-287a). When deaths of husband and wife presumed simultaneous.
Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee.
Sec. 45a-442. (Formerly Sec. 45-276b). Lapsed devises of real property.
Sec. 45a-443. (Formerly Sec. 45-285). Shares may be set out in real or personal property.
Sec. 45a-444. (Formerly Sec. 45-282). Distribution of real property held by different
titles.
Sec. 45a-445. (Formerly Sec. 45-283). Distribution of proceeds of deceased minor's real
property.
Sec. 45a-446. (Formerly Sec. 45-277). Distribution when heir, legatee or distributee is
presumed to be dead. Liability of fiduciary.
Sec. 45a-447. (Formerly Sec. 45-279). When person guilty of killing another to inherit
from or receive property or insurance proceeds as beneficiary of victim.
Sec. 45a-448. (Formerly Sec. 45-280). Distribution of damages for causing death.
Sec. 45a-449. (Formerly Sec. 45-278). Property due person residing outside United States.
Sec. 45a-450. (Formerly Sec. 45-286). Descent or distribution of real property to be recorded.
Sec. 45a-451. (Formerly Sec. 45-286a). Securing of interest of remainderman in personal
property after life estate.
Sec. 45a-452. (Formerly Sec. 45-287b). When property escheats to the state. Procedure.
Secs. 45a-453 to 45a-457.
Sec. 45a-458. (Formerly Sec. 45-298a). Short title: Connecticut Uniform Disposition of
Community Property Rights at Death Act.
Sec. 45a-459. (Formerly Sec. 45-298b). Application of chapter.
Sec. 45a-460. (Formerly Sec. 45-298c). Rebuttable presumptions.
Sec. 45a-461. (Formerly Sec. 45-298d). Disposition of property at death.
Sec. 45a-462. (Formerly Sec. 45-298e). Perfection of title of surviving spouse.
Sec. 45a-463. (Formerly Sec. 45-298f). Perfection of title of personal representative,
heir or devisee.
Sec. 45a-464. (Formerly Sec. 45-298g). Security interest of purchaser for value or
lender.
Sec. 45a-465. (Formerly Sec. 45-298h). Creditor's rights.
Sec. 45a-466. (Formerly Sec. 45-298i). Rules of construction.
Sec. 45a-467.
Sec. 45a-468. Short title: Uniform Transfer on Death Security Registration Act. Construction.
Sec. 45a-468a. Definitions.
Sec. 45a-468b. Registration in beneficiary form: Sole or joint tenancy ownership.
Sec. 45a-468c. Registration in beneficiary form: Applicable law.
Sec. 45a-468d. Designation of beneficiary.
Sec. 45a-468e. Form of registration in beneficiary form.
Sec. 45a-468f. Effect of registration in beneficiary form.
Sec. 45a-468g. Ownership on death of owner.
Sec. 45a-468h. Protection of registering entity.
Sec. 45a-468i. Nontestamentary transfer on death.
Sec. 45a-468j. Terms, conditions and forms for registration.
Sec. 45a-468k. Taxable transfer.
Sec. 45a-468l. Liability of beneficiary.
Sec. 45a-468m. Applicability.
Secs. 45a-469 and 45a-470.
SETTLEMENT OF CERTAIN SMALL ESTATES
WITHOUT LETTERS OF ADMINISTRATION
OR PROBATE OF WILL
Sec. 45a-273. (Formerly Sec. 45-266). Settlement of small estates without probate of will or letters of administration. (a) The surviving spouse of any person who
dies, or if there is no surviving spouse, any of the next of kin of such decedent, or if
there is no next of kin or if such surviving spouse or next of kin refuses, then any suitable
person whom the court deems to have a sufficient interest may, in lieu of filing an
application for admission of a will to probate or letters of administration, file an affidavit
or statement signed under penalty of false statement in the court of probate in the district
wherein the decedent resided, stating, if such is the case, that all debts of the decedent
have been paid in the manner prescribed by section 45a-392, at least to the extent of the
fair value of all of the decedent's assets, when (1) such decedent leaves property of the
type described in subsection (b) of this section and (2) the aggregate value of any such
property as described in subsection (b) of this section does not exceed the sum of twenty
thousand dollars. In addition such affidavit or statement shall state that the decedent
either did, or did not, receive aid or care from the state, which shall also include aid or
care from the Department of Veterans' Affairs, whichever is true. Sec. 45a-274. (Formerly Sec. 45-266a). Payment of medical or health benefits.
When any decedent is entitled to payment of medical benefits, federal or state, or insurance or health benefits or proceeds, or other intangible personal property owned by or
payable to him or to his estate in a sum not exceeding one thousand dollars, the judge
of probate for the district within which such decedent resided may name an administrator, ex parte, for the purpose of enabling distribution to the surviving spouse or, if there
is no surviving spouse, to the next of kin of such decedent or to the funeral director or
physician, as the case may be, upon evidence satisfactory to him that all debts have been
paid or provided for as prescribed by section 45a-392. Sec. 45a-275. (Formerly Sec. 45-266b). Applicability of statutes. Sections 45a-
273 and 45a-274 shall apply only to estates of decedents for whom no will is presented
for probate or no application for administration is filed within thirty days after death. Sec. 45a-276. (Formerly Sec. 45-266c). Comity recognition of foreign decrees.
(a) The holder or registrant of any property, listed in section 45a-273, in this state of a
nondomiciliary decedent, as a matter of comity, may recognize a like decree or other
form of certification of a judge or clerk of a probate court made under a statute of another
state, providing for the settlement of small estates without administration, for the purpose
of payment or transfer of any such property of such decedent in this state, provided a
holder or registrant of such property in such other state shall, whether pursuant to statute
or otherwise, recognize and pay or transfer such property pursuant to a decree entered
under this section. Secs. 45a-277 to 45a-281. Reserved for future use. Sec. 45a-282. (Formerly Sec. 45-164). Custodian of will to deliver it after testator's death. Penalty. (a) Any person having in his possession any will or codicil shall,
forthwith, after he has knowledge of the death of the testator, deliver such will either
to the person designated to be the executor or one of the persons designated to be an
executor thereof, or to the judge, clerk or assistant clerk of the court of probate which
by law has jurisdiction of the estate of such deceased person. Sec. 45a-283. (Formerly Sec. 45-163). Executor to exhibit will for probate.
Penalty for failure. (a) Every person having knowledge of his designation in a will as
an executor of a testator's estate shall, within thirty days next after the death of the
testator, apply for probate of the will to the court of probate of the district where the
testator was domiciled at his death. Sec. 45a-284. (Formerly Sec. 45-164a). Opening of safe deposit boxes to search
for a will. Whenever the sole owner of a safe deposit box dies, his next of kin, spouse,
or any person showing a sufficient interest in the presence of a will may apply to the
Court of Probate for an order to open the decedent's safe deposit box to obtain any will
or cemetery deed that may be contained therein. The Court of Probate may issue such
order ex parte. The safe deposit box shall be opened in the presence of an officer of the
bank who shall make return of such order to the court stating: (1) That only the will or
cemetery deed was removed from the safe deposit box or (2) that there was no such will
or cemetery deed in the safe deposit box and nothing was removed. Sec. 45a-285. (Formerly Sec. 45-166). Proof of will out of court. Any or all of
the attesting witnesses to any will may, at the request of the testator or, after his decease,
at the request of the executor or any person interested under it, make and sign an affidavit
before any officer authorized to administer oaths in or out of this state, stating such facts
as they would be required to testify to in court to prove such will. The affidavit shall be
written on such will or, if that is impracticable, on some paper attached thereto. The
sworn statement of any such witness so taken shall be accepted by the Court of Probate
as if it had been taken before such court. Sec. 45a-286. (Formerly Sec. 45-167). Hearing required before proving or rejecting a will. Notice. Any court of probate shall, before proving or disapproving any
last will and testament, or codicil thereto, hold a hearing thereon, of which notice, either
public or personal or both, as the court may deem best, has been given to all parties
known to be interested in the estate, unless all parties so interested sign and file in court
a written waiver of such notice, or unless the court, for cause shown, dispenses with
such notice. The finding by any such court that the estate is not more than sufficient to
pay the expenses of administration and of the funeral and last sickness shall be sufficient
cause to dispense with such notice. Sec. 45a-287. (Formerly Sec. 45-170). Where will of nonresident testator may
be proved. Probate costs for settlement of estate of nondomiciliary testator. (a) If
the testator, at his death, was not domiciled in this state, his will may be proved in any
district in this state in which: (1) The testator last resided; (2) any of the testator's real
or tangible personal property is situated; (3) any of the testator's bank accounts are
maintained or evidences of other intangible property of the testator are situated; (4) any
one of the executors or trustees named in the will resides, or, in the case of a bank or
trust company, has an office; or (5) any cause of action in favor of the testator arose or
any debtor of the testator resides or has an office. If the will of any such testator may
be proved in more than one district, the court which first assumes jurisdiction thereof
pursuant to this section shall retain the same as to all the property of the testator situated
in this state at the time of his death together with any property which subsequently comes
into possession of any of the executors, trustees or other fiduciaries of the testator's
estate appointed in this state. Sec. 45a-288. (Formerly Sec. 45-171). Recording of a will proved without this
state. (a) When a will conveying property situated in this state has been proved and
established out of this state by a court of competent jurisdiction, the executor of such
will or any person interested in such property may present to the court of probate in
the district determined under the provisions of section 45a-287, an authenticated and
exemplified copy of such will and of the record of the proceedings proving and establishing the will and request that such copies be filed and recorded. The request shall be
accompanied by a complete statement in writing of the property and estate of the decedent in this state. If, upon a hearing, after such notice to the Commissioner of Revenue
Services and other parties in interest as the court orders, no sufficient objection is shown,
the court of probate shall order such copies to be filed and recorded, and they shall
thereupon become a part of the files and records of such court, and shall have the same
effect as if such will had been originally proved and established in such court of probate.
Notwithstanding any objection by said commissioner to the domicile of the decedent
as claimed on an application to place a will on file, the court may, in the absence of
objection by any other interested party, order the copies to be filed and recorded subject
only to a subsequent and final finding of domicile as provided in section 45a-309. Sec. 45a-289. (Formerly Sec. 45-169). When bond required of executor.
Amount of bond. Reduction of bond. (a) A probate bond shall be required of an executor, unless such bond is excused as provided by law. Sec. 45a-290. (Formerly Sec. 45-168). Administration with the will annexed
and de bonis non. (a) If no person has been designated in a will to be executor, or if the
person designated in the will to be executor has died or refuses to accept or is incapable of
accepting such trust, and no alternate or successor has been named, the court shall commit the administration of the estate, with the will annexed, to any person or persons
in accordance with the order of priority for the appointment of administrators under
subsection (c) of section 45a-303, except that any person who is entitled to a bequest
or devise under such will, or his or her designee, shall have priority over a person who
is not so entitled, or on the objection of any one interested under such will or of any
creditor, which objection is found reasonable by the court, the court may commit the
administration of the estate, with the will annexed, to any person whom the court deems
proper, taking a probate bond. Sec. 45a-291. (Formerly Sec. 45-189). Executor to administer intestate part of
an estate. When a will which disposes of only a part of the estate of the testator is
admitted to probate, the executor of such will, or the administrator with the will annexed,
shall, unless otherwise specified in such will, be, ex officio, the administrator of the
intestate estate and shall proceed to settle the entire estate according to the will and
according to law. Sec. 45a-292. (Formerly Sec. 45-190). Executor of an executor. The executor
of an executor shall not as such administer the estate of the first testator. Sec. 45a-293. (Formerly Sec. 45-179). Notice of devise or bequest to corporation. Within thirty days after the admission to probate of any will containing a devise
or bequest to any corporation or voluntary association, the judge, clerk or assistant clerk
of the court of probate before which it has been proved shall mail, postage paid, a written
notice thereof, directed to the devisee or legatee at the place where it is located. Sec. 45a-294. (Formerly Sec. 45-185). Expenses of executor or administrator
in will contest. (a) The court of probate having jurisdiction of the testate estate of any
person shall allow to the executor his just and reasonable expenses in defending the will
of such person in the probate court, whether or not the will is admitted to probate. Sec. 45a-295. (Formerly Sec. 45-186). Court may annul orders passed under
a revoked will. Subsequent settlement procedure. (a) When it appears to any court
of probate, pending proceedings before it for the settlement of the estate of a deceased
person as a testate estate, that the will under which such proceedings were commenced
and have been continued had been revoked in accordance with the provisions of subsection (b) of section 45a-257, the court shall have power to revoke, annul and set aside
any order or decree proving or approving the will so revoked and any other order or
decree made and passed by such court in the settlement of the estate under such will. Sec. 45a-296. (Formerly Sec. 45-187). Procedure if, on appeal, will is set aside
after partial settlement. Effect on fiduciary. When a will is admitted to probate by a
court of probate, and an appeal is taken from the probate of such will, the acts done in
good faith by the executor of such will or by an administrator with the will annexed in
settling the estate of the testator shall be deemed valid to the same extent as if no appeal
had been taken. When an inventory and appraisal have been returned to court by such
executor or administrator with the will annexed, and when an order limiting the time
for the presentation of claims against the estate of such testator has been passed and
published, a further inventory and appraisal shall not be required except of property
not included in the inventory returned to court, and further time need not be given for
presentation of claims against such estate, if upon such appeal such will is set aside by
the Appellate Court. Nothing in this section shall authorize the executor or administrator
with the will annexed to pay any legacies named in the will so appealed from while
such appeal is pending. Sec. 45a-297. (Formerly Sec. 45-188). Procedure if will is found after partial
settlement. When it appears to any court of probate, during proceedings before it for
the settlement of the estate of a deceased person as an intestate estate, that such deceased
person left a will, the court shall have power to revoke any order or decree granting
letters of administration upon such estate and any other order or decree made by the
court in the settlement of such estate as an intestate estate. The court may thereafter
proceed with the settlement of such estate under such will, upon notice to all parties in
interest as required in the settlement of testate estates. The acts already done in good
faith before the court revokes the order or decree granting administration by the administrator of such estate in the settlement thereof shall be deemed valid to the same extent
as if such letters had not been revoked. If an inventory and appraisal have been returned
to the court by such administrator, a further inventory or appraisal shall not be required,
except of property not included in such inventory. If an order limiting the time for the
presentation of claims against such estate has been passed and published, further time
shall not be required to be given for presentation of such claims. Secs. 45a-298 to 45a-302. Reserved for future use. Sec. 45a-303. (Formerly Sec. 45-195). Jurisdiction of intestate estates. Probate
costs. Issuance of letters of administration. (a) Jurisdiction of intestate estates.
Probate costs. (1) When any person domiciled in this state dies intestate, the court
of probate in the district in which the deceased was domiciled at his death shall have
jurisdiction to grant letters of administration. Secs. 45a-304 to 45a-308. Reserved for future use. Sec. 45a-309. (Formerly Sec. 45-195a). Finding of domicile. (a) Upon the admission of any will to probate or the appointment of an administrator of the estate of any
deceased person, or the placing of a will on file under section 45a-288, the Court of
Probate shall make a finding as to the domicile of such person at the time of death. Upon
application of any interested party, the Court of Probate may grant any administration
or admit any will to probate or place any will on file subject to a subsequent and final
finding of domicile, or for any other reason the Court of Probate may find proper, and
upon such conditions and limitations as the Court of Probate shall determine advisable
for the due and proper administration of the decedent's estate. Any person interested in
such estate may appeal from such finding as provided in section 45a-186. Secs. 45a-310 to 45a-314. Reserved for future use. Sec. 45a-315. (Formerly Sec. 45-249a). "Fiduciary" defined. As used in sections
45a-129, 45a-205, 45a-242 to 45a-244, inclusive, 45a-273 to 45a-276, inclusive, 45a-
315 to 45a-318, inclusive, and 45a-320 to 45a-334, inclusive, unless otherwise required
by the context, "fiduciary" includes the executor or administrator of a decedent's estate. Sec. 45a-316. (Formerly Sec. 45-249c). Appointment of temporary administrator to preserve assets. Whenever, upon the application of a creditor or other person
interested in the estate of a deceased person, it is found by the court of probate having
jurisdiction of the estate that the granting of administration on the estate or the probating
of the will of the deceased will be delayed, or that it is necessary for the protection of
the estate of the deceased, the court may, with or without notice, appoint a temporary
administrator to hold and preserve the estate until the appointment of an administrator
or the probating of the will. The court shall require from such administrator a probate
bond. If the court deems it more expedient, it may order any state marshal or constable
to take possession of the estate until the appointment of an administrator or executor. Sec. 45a-317. (Formerly Sec. 45-249d). Powers and duties of temporary appointee. Removal. Account. (a) The temporary administrator or officer appointed pursuant to the provisions of section 45a-316 shall take immediate possession of all the
real and personal property of the deceased, collect the rents, debts and income thereof
and do any additional acts necessary for the preservation of the estate that the court
authorizes. Sec. 45a-318. (Formerly Sec. 45-253). Custody of remains of deceased persons.
(a) The custody and control of the remains of deceased residents of this state shall belong
to the surviving spouse of the deceased. If the surviving spouse had abandoned, and at
the time of death was living apart from, the deceased, or if there is no spouse surviving,
then such custody and control shall belong to the next of kin, unless the decedent, in a
duly acknowledged writing, designated another person to have custody and control of
his remains. The court of probate for the district of the domicile of the deceased may
at any time, upon the petition of any of the kin or such person, award such custody and
control to that person who seems to the court most fit to have the same. If a deceased
resident of the state leaves no spouse, next of kin or designated person surviving, or if
the spouse, next of kin or designated person cannot be contacted after due diligence to
assume custody and control of the remains of such decedent as provided in this section,
or if the spouse, next of kin or designated person refuses to assume such custody and
control, the court of probate for the district of the domicile or residence of the deceased
may, upon the petition of a selectman or chief officer of such town, a licensed funeral
director or the director of health of such town, grant such custody and control to some
suitable person. Sec. 45a-319. Reserved for future use. Sec. 45a-320. (Formerly Sec. 45-250). Allowance for support of surviving
spouse and family. Family car. (a) The Court of Probate may allow out of any real or
personal estate of a deceased person in settlement before such court, including a small
estate being settled under the provisions of section 45a-273, such amount as it may judge
necessary for the support of the surviving spouse or family of the deceased during the
settlement of the estate. Sec. 45a-321. (Formerly Sec. 45-252). Custody of real property. Products and
income of real property. Family may occupy homestead. (a) The fiduciary of a decedent's estate shall, during settlement, have the possession, care and control of the decedent's real property, and all the products and income of such real property during such
time shall vest in the fiduciary as personal property, unless such real property has been
specifically devised or directions have been given by the decedent's will which are
inconsistent with this section; but the court may order surrender of the possession and
control of such real property to the heirs or devisees, or may, during settlement, order
distribution of such real property. Sec. 45a-322. (Formerly Sec. 45-254). Death of owner of real property or
oyster grounds to be recorded. Penalty. (a) The fiduciary of the estate of any deceased
person who at the time of his death was the owner of any real property situated in this
state or any interest in or mortgage or lien upon real property so situated shall, within
two months after becoming qualified to act, lodge, with the town clerk of each town in
which such real property is situated, his certificate in writing, stating the fact and date
of the death of the decedent, the place where he last dwelt and whether the decedent left
a will. Such certificate shall be recorded in the land records of such town. Sec. 45a-323. (Formerly Sec. 45-255). Oyster grounds as personal property.
In the settlement of the estates of deceased persons and insolvent debtors before any
court in this state, the interest of any such estate in or to any oyster grounds or oysters
planted and growing thereon shall be treated as personal property. Sec. 45a-324. (Formerly Sec. 45-255a). Power to sell real property as authorized by testator. When any testator has authorized or directed any real property to be
sold by his executors and has appointed several executors, part or all of whom for any
cause have failed to act or have died before such sale or conveyance, and, when a sole
executor so authorized to sell has failed to accept or has died and an administrator with
the will annexed or de bonis non has been appointed to settle the estate, the acting or
surviving executor or executors or the administrator shall have power to sell and convey
such real property. Sec. 45a-325. (Formerly Sec. 45-257). Execution of contract of decedent for
sale of real property. The court of probate having jurisdiction of the settlement of the
estate of any deceased person may, concurrently with courts of equity, authorize the
fiduciary of the estate to convey the title of the deceased in any real property to any
person entitled to it by virtue of any contract of the deceased person, or to convey the
title of the deceased in any real property held or taken by him in any fiduciary capacity
to his successor or to the person or persons entitled thereto. Sec. 45a-326. (Formerly Sec. 45-257a). Partition or sale of undivided interest
in decedent's estate. Notice. Hearing. (a) During the settlement of the estate of any
person who died owning an undivided interest in any property not specifically devised
or bequeathed, the executor or administrator of the estate and the owner or owners of
the major portion of the other interest therein may apply in writing to the court of probate
having jurisdiction of the estate to order partition of the same. Sec. 45a-327. (Formerly Sec. 45-257b). Sale of decedent's real property subject to mortgage. The Court of Probate shall not order the sale of any real property of
a deceased person, when such real property has been conveyed or mortgaged by the
heirs or devisees of the deceased person to a purchaser or mortgagee, in good faith and
for value, except within the period of ten years after the death of the deceased person;
but a sale of the equity of redemption in real property mortgaged as provided in this
section may be ordered by the court subject to such mortgage. Sec. 45a-328. (Formerly Sec. 45-256). Court may authorize stock and materials to be worked up or business to be continued. Fiduciaries of a decedent's estate
and trustees in insolvency may be authorized by the Court of Probate to work up and
complete any stock and materials in an unfinished state, or to continue any business so
far as may be expedient for the prudent winding up of the same, if the court finds that
it will be for the interest of the estate. Sec. 45a-329. (Formerly Sec. 45-257c). Settlement of estate on presumption of
death. (a) Any person who has been absent from his home and unheard of for a period
of seven or more years shall be presumed to be dead. Sec. 45a-330. (Formerly Sec. 45-257d). Time limited for granting administration or proving will; exceptions. Except as provided in section 45a-242, administration
of the estate of any person shall not be granted, nor shall the will of any person be
admitted to probate, after ten years from his decease, unless the Court of Probate upon
written petition and after public notice and hearing finds that administration of such
estate ought to be granted, or that such will should be admitted to probate; but when
any minor is interested, one year shall be allowed after his arrival at the age of majority
to take out administration or to cause such will to be proved. In all cases where any
person has died leaving property which is not known to those interested in the same
within the time above limited, but is discovered afterwards, administration may be
granted within one year after its discovery. Sec. 45a-331. (Formerly Sec. 45-257e). Settlement of estate after ten years.
Closure of estate for dormancy. (a) Whenever for any cause the settlement of any
decedent's estate after the appointment of a fiduciary has been delayed or not completed,
the court of probate before which the same is pending may at its discretion proceed
with the settlement of such estate, although more than ten years have elapsed since any
proceedings have been taken, and in such case may make all such orders as might have
been proper if such settlement had not been delayed. Sec. 45a-332. (Formerly Sec. 45-257f). Notice to Commissioner of Revenue
Services when estate may escheat. When an application is made to a court of probate
to settle the estate of a decedent and it appears to the court that the estate may escheat
to the state, the court shall mail to the Commissioner of Revenue Services at least seven
days before the hearing a copy of the application to probate the estate and of the order
of notice of the hearing on the application. Sec. 45a-333. (Formerly Sec. 45-260). Payment of taxes due from estate. Each
trustee of the estate of an insolvent debtor or of any testamentary trust and each fiduciary
of a decedent's estate shall ascertain from the collector of taxes of the town where such
insolvent debtor resided at the time of his insolvency, or where the decedent last resided,
or in which the insolvent debtor or decedent owned real property, whether any taxes
are due upon any of the estate which has come into his hands and shall liquidate the
same, if there are sufficient assets, before making a final settlement of his account. Sec. 45a-334. (Formerly Sec. 45-258). Lien of remainderman for repairs and
improvements upon real property. Any person having any vested remainder interest
in any real property in which any other person has a life interest, who has paid any
money for necessary repairs or improvements upon such real property, shall have a lien
thereon for the same. The court of probate for the district in which such real property
or any part thereof is situated may, upon such remainderman's written application made
during the continuance of such life estate or within sixty days thereafter and after such
notice to parties in interest as it may prescribe, ascertain the amount so necessarily
expended, and may order the sale, subject to such life interest if it is not terminated, of
so much of such property as will repay the sum so advanced. Secs. 45a-335 to 45a-339. Reserved for future use.
(b) Such property includes: (1) A deposit in any bank; (2) equity in shares in any
savings and loan association, federal savings and loan association or credit union, doing
business in this state; (3) corporate stock or bonds; (4) any unpaid wages due from any
corporation, firm, individual, association or partnership located in this state; (5) a death
benefit payable from any fraternal order or shop society or payable under any insurance
policy for which the decedent failed to name a beneficiary entitled under the bylaws
and regulations of such order or society or under the terms of such insurance policy to
receive such death benefit; (6) other personal property, tangible or intangible, including
a motor vehicle or motor vehicles and a motor boat or motor boats registered in his
name; or (7) an unreleased interest in a mortgage with or without value.
(c) Thereafter, except as provided in subsection (e) of this section, the judge of
probate for such district shall issue a decree finding that no probate proceedings have
been instituted in connection with the estate of such decedent and authorizing either the
holder of such property or the registrant thereof, including the authority issuing the
registration, to transfer the same or pay the amount thereof to the persons legally entitled
thereto. The court of probate may issue such certificates and other documents as may
be necessary to carry out the intent of this section. If the petitioner indicates in such
affidavit that the assets listed in such affidavit or a portion thereof are necessary to pay
the funeral director who buried such decedent or to pay debts due for the last sickness
of the decedent, the court may order the payment of such assets directly to such funeral
director or to those creditors to whom debts are due for the last sickness of the decedent
to the extent necessary to pay their preferred claims for funeral expenses or expenses
for the decedent's last sickness, or may order such assets sold and the proceeds from
such sale paid directly to the funeral director or such creditors. If the petitioner indicates
in such affidavit that the decedent received public assistance or institutional care from the
state of Connecticut, the court shall not issue a decree until thirty days after notification to
the Department of Administrative Services. Any decree issued by the court may authorize the surviving spouse or next of kin, or some suitable person whom the court deems
to have a sufficient interest, to release an interest in any mortgage reported under the
provisions of this section.
(d) If there is no surviving spouse or next of kin of a person who dies leaving property
as described in this section, the funeral director who buried such decedent or any creditor
to whom a debt is due for the last sickness of the decedent may file in such court of
probate an affidavit as described in this section that such funeral director or any creditor
to whom a debt is due for the last sickness of the decedent has a lawful preferred claim
for funeral expenses or expenses for the decedent's last sickness. Thereupon such court
may, in its discretion, authorize either the holder of such property or the registrant
thereof, as aforesaid, to transfer the property or pay from the property the amount of
such claim, or to pay proceeds from the sale of any such assets ordered sold by the court,
to such funeral director or any creditor to whom a debt is due for the last sickness of
the decedent, in satisfaction of the amount of the claim of each.
(e) If an affidavit is filed under subsection (a) of this section in lieu of an application
for admission of a will to probate or letters of administration and the fair value of the
property of the decedent exceeds the total amount of claims, including any amounts
allowed to the family under section 45a-320, the court shall proceed as follows: (1) If
no purported last will and testament is found, the court shall order distribution of the
excess in accordance with the laws of intestate succession; (2) if the decedent left a duly
executed last will and testament and the will provides for a distribution which is the
same as that under the laws of intestate succession, the court shall order distribution of
the excess in accordance with the laws of intestate succession; (3) if the decedent left
a duly executed last will and testament and the will provides for a distribution different
from that under the laws of intestate succession, and the heirs at law of such decedent
sign a written waiver of their right to contest the will, the court shall order the excess
to be paid in accordance with the terms of the will; (4) if the will directs a distribution
different from the laws of intestate succession, and the heirs at law do not waive their
right to contest the admission of such will, the will shall be offered for probate in accordance with section 45a-286. In such case, the court may issue a decree under this section
only if the persons entitled to take the bequests under the will consent, in writing, to the
distribution of the bequests in accordance with the laws of intestate succession. If the
claims against the estate exceed the value of the property of such decedent, the claims
shall be paid in accordance with the priorities set forth in section 45a-392. As used in
this subsection, the term "will" includes any duly executed codicil thereto.
(f) Any such transfer or payment shall, to the extent of the amount so transferred
or paid, discharge the registrant or holder of such property from liability to any person
on account thereof.
(g) As a condition of such transfer or payment, the registrant or holder may require
the filing of appropriate waivers, the execution of a bond of indemnity and a receipt for
such transfer or payment.
(h) The authority issuing the transfer of registration shall charge a fee of three dollars
for the transfer of each motor vehicle and a fee of one dollar for the transfer of each
motor boat under this section.
(i) Any transfer or payment under the provisions of this section shall be exempt
from taxation under the provisions of chapter 219.
(j) (1) Any person to whom such transfer or payment has been made shall be liable
for the value thereof to the Commissioner of Revenue Services for any succession or
transfer tax on the property transferred or payment made and to the executor or administrator of the estate of the decedent thereafter appointed.
(2) The Commissioner of Revenue Services shall be given notice by the court of
probate of the issuance of any such decree upon such form as may be provided by said
commissioner unless such surviving spouse or next of kin, or other suitable person whom
the court deems to have a sufficient interest, files with the court of probate a sworn
return provided for by chapter 216, in which event the judge of probate may incorporate
in the decree a statement that the Commissioner of Revenue Services has issued a finding
that no succession or transfer tax is due, or that any such tax computed by him as due
has been paid. Such statement shall be conclusive evidence of the consent by the Commissioner of Revenue Services to the transfer or payment of such property as provided
in this section free from any claim for such tax, notwithstanding any provision in chapter
216 to the contrary.
(1949 Rev., S. 7049; 1953, 1955, S. 2945d; 1967, P.A. 558, S. 53; P.A. 73-464, S. 1; P.A. 77-614, S. 139, 610; P.A.
78-121, S. 77, 113; P.A. 79-193, S. 1; P.A. 80-476, S. 227; P.A. 81-82, S. 1; P.A. 86-196; P.A. 88-107, S. 1; 88-285, S.
32, 35; P.A. 89-56, S. 2; P.A. 99-84, S. 18.)
History: 1967 act rephrased provisions, added references to death benefits payable under terms of insurance policies
and to intangible personal property and increased maximum amount authorized for payment of claims of funeral director
or physician from five hundred to one thousand dollars; P.A. 73-464 applied provisions to corporate stock or bonds and
tangible personal property, including motor vehicles and motor boats, raised maximum value of estate with respect to
which provisions apply from one thousand to five thousand dollars, inserted new procedure whereby court orders transfer
of property, rather than the holder of property without court action, as previously was the case, removed limit on payment
of physician's and funeral director's claims and rephrased provisions re pro rata payments to each, added provisions re
transfer fees applied to motor vehicles and motorboats, re tax exemption, re discharge of liability and re tax commissioner's
duties and rights with regard to transfers; P.A. 77-614 replaced tax commissioner with commissioner of revenue services,
effective January 1, 1979; P.A. 78-121 referred to saving and loan associations rather than to "building or" savings and
loan associations; P.A. 79-193 applied provisions to unreleased interests in mortgages and stated that court decree may
authorize surviving spouse or next of kin to release interest in mortgage; P.A. 80-476 divided section into Subsecs.,
rephrased and reordered provisions but made no substantive changes; P.A. 81-82 amended Subsec. (a) to provide for filing
of affidavit when there is no next of kin or next of kin refuses to file, to change maximum value of applicable estate in
Subdiv. (2) from five thousand to ten thousand dollars and to require that affidavit state whether decedent received aid or
care from the state, amended Subsec. (c) to allow court to order director payment of funeral director and physician and to
require postponement of decree until thirty days after notification of administrative services department when decedent
has received public assistance or institutional care and amended Subsec. (e) to require payment of claims in accordance
with priorities in Sec. 45-204c if claims exceed value of decedent's property, replacing provision whereby claimants
received pro rata share in such cases, and to require payment to those legally entitled of any excess when value of property
exceeds amount of claims; P.A. 86-196 increased maximum value of estate eligible for settlement without probate of will
or letters of administration from ten to twenty thousand dollars and provided for payment to any creditor to whom debt is
due for last sickness of decedent rather than to attending "physician" during last illness; P.A. 88-107 amended Subsec. (c)
by (1) adding exception for provisions of Subsec. (e), (2) permitting probate court to issue certification and other documents
necessary to carry out intent of section, and (3) permitting court to order assets sold and proceeds paid directly to funeral
director or creditors; and amended Subsec. (e) by adding provisions re distribution of property of decedent; P.A. 88-285
amended Subsec. (a) to replace veterans' home and hospital commission with department of veterans' affairs; P.A. 89-56
amended Subsec. (e) to condition its provisions in part on the filing of an affidavit in lieu of application for admission of
a will to probate or letters of administration rather than on filing of an application; Sec. 45-266 transferred to Sec. 45a-
273 in 1991; P.A. 99-84 amended Subsec. (a) by inserting "or statement signed under penalty of false statement".
See Sec. 4a-16 re estates of certain public assistance beneficiaries and state institution patients.
Annotation to former section 45-266:
Cited. 3 CA 598, 599.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1967, P.A. 558, S. 54; P.A. 80-476, S. 228.)
History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-266a transferred to Sec. 45a-274
in 1991.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1967, P.A. 558, S. 51; P.A. 80-476, S. 229.)
History: P.A. 80-476 rephrased provisions but made no substantive change; Sec. 45-266b transferred to Sec. 45a-275
in 1991.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any such transfer or payment shall, to the extent of the amount so transferred
or paid, discharge the registrant or holder of such property from liability to any person
on account thereof.
(c) As used in this section, the word "state" means any state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States.
(P.A. 73-464, S. 2; P.A. 80-476, S. 230.)
History: P.A. 80-476 divided section into Subsecs; Sec. 45-266c transferred to Sec. 45a-276 in 1991.
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
PROBATE OF WILL
(b) On the neglect of such person to do so within the period of thirty days after he
has knowledge of the death of the testator, he shall be fined not more than one thousand
dollars or imprisoned not more than one year or both.
(1949 Rev., S. 6958; P.A. 80-476, S. 240.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-164 transferred to Sec. 45a-282
in 1991.
Annotations to former section 45-164:
Cited. 67 C. 320. Suppression of last will and substitution of revoked earlier one constitute violation of statute, and
agreement to do so is void. 124 C. 96. Cited. 194 C. 635, 636.
Cited. 5 CS 297. Must be read with 45-163 and 45-165. 14 CS 370.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Every such person neglecting to do so shall be fined not more than one hundred
dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 6962; P.A. 80-476, S. 241; P.A. 84-294, S. 9.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-294 amended Subsec. (a) by
changing "last dwelt" to "was domiciled at his death"; Sec. 45-163 transferred to Sec. 45a-283 in 1991.
Annotations to former section 45-163:
Appointment of debtor as executor does not release debt. 6 C. 129. Renunciation of executor may be implied. 16 C.
298; 27 C. 520; 49 C. 421. Incapable person may "dwell" within meaning of statute in some other district than that in
which he resided when conservator was appointed. 48 C. 165. Cited. 34 C. 446; 63 C. 306; 67 C. 320. Duty of court to
make decision as to residence of deceased. 86 C. 351. Offer of exemplified copy where original will of resident of this
state has been probated in another as basis for ancillary administration. 77 C. 644. Public policy of establishment of every
legally executed last will. 124 C. 100. See note to Sec. 45-195. Office of executor or administrator does not terminate
during his lifetime unless he is removed. 151 C. 598. Cited. 152 C. 528; 156 C. 118. Cited. 194 C. 635, 636.
Statute same as 4953 of the 1918 Revision although the alternative extended to the executor there has since been omitted.
14 CS 369. Cited. 20 CS 262.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 75-53; P.A. 80-476, S. 242.)
History: P.A. 80-476 added Subdiv. indicators and made minor wording changes; Sec. 45-164a transferred to Sec. 45a-
284 in 1991.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 6959; P.A. 80-476, S. 243.)
History: P.A. 80-476 made minor wording changes; Sec. 45-166 transferred to Sec. 45a-285 in 1991.
Annotations to former section 45-166:
Party contesting will may require attendance of all witnesses within reach of process. 36 C. 280; 91 C. 269. Cited. 57
C. 188. Affidavit admissible in appellate court. 74 C. 260. Not unconstitutional as violating right to trial by jury. 74 C. 259.
Proponents of will are not required, even on demand by contestants, to call all available attesting witnesses to witness
stand. 150 C. 651.
Annotations to present section:
Cited. 218 C. 220, 230.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 6960; P.A. 80-476, S. 244.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-167 transferred to Sec. 45a-286 in 1991.
See Sec. 12-358 re reports to Revenue Services Commissioner by clerks of probate courts and re certified copies of
wills and papers.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident.
Annotations to former section 45-167:
Notice where administration applied for on ground of seven years' absence. 88 C. 425. Issuance of order of notice alone
not a taking of jurisdiction which will justify writ of prohibition. 86 C. 354. What is a proper notice. 96 C. 323. Legal
notice is sufficient; actual notice not necessary. 107 C. 284. "Known" means known to the probate court. 129 C. 309. See
note to Sec. 45-31. Cited. 152 C. 530-532. Appeal period deemed thirty days following written waiver of notice. 162 C.
36. Cited. 169 C. 382, 384, 385. Cited. 178 C. 189, 195. Cited. 185 C. 25, 30.
"Interested person" must have pecuniary interest. 9 CS 21. "Known" means known to probate court; notice by registered
mail to those parties known by it to be interested is all the personal notice the court is authorized to give. 19 CS 104. Cited.
22 CS 233.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any proceeding for the proving of a will of a testator pursuant to this section
shall be commenced by an application of any person who is named as an executor of
such will or by any other person who is interested in such estate. The application shall
set forth a statement of the basis for jurisdiction by the court of probate of the district
in which such application is filed. The court shall give notice of the hearing on such
application to the Commissioner of Revenue Services, to any person named as an executor or trustee in such will, to the heirs at law of the testator, as determined by the laws
of this state, and to such other persons as the court may order. Any will which has been
denied probate or establishment by judgment or decree of a competent court in the
testator's domicile may not be proved in this state except where such denial of probate
or establishment is for a cause which is not grounds for rejection of a will of a testator
domiciled in this state. Except as otherwise provided in this section, the laws of this
state relating to proof and admission of wills to probate for domiciliary testators shall
apply to proceedings under this section.
(c) Whenever a testator of a will which is proved in this state pursuant to this section
expressly provided in his will that he elects to have the administration and disposition
of his estate governed by the laws of this state, then the validity, effect and interpretation
of such will, and the administration and disposition of such estate, wherever situated,
including rights of creditors and rights of inheritance, shall be determined by the laws
of this state in the same manner as if such testator had been domiciled in this state at
the time of his death, except as otherwise provided in this section. The rights of persons
who are creditors of the testator or of his estate or who may possess or claim rights
of inheritance to or elections against the testator's estate pursuant to the laws of the
jurisdiction in which the testator was domiciled at the time of his death shall be governed
by and subject to the laws of such jurisdiction as to any real or tangible property situated
in such jurisdiction or as to any bank accounts which are maintained or other intangible
property of the testator the evidences of which are situated in such jurisdiction at the
time of the testator's death. Any proceeding pursuant to this subsection shall not be
deemed to impair or otherwise adversely affect the claim of any other state or any possession of the United States, for inheritance, succession, estate or other death taxes which
may be due and payable by reason of the testator's death.
(d) All property of a testator whose will is proved under this section shall be subject
to the laws of this state relating to the taxation of inheritances and successions, provided
that such laws shall not be applied on the basis that the testator was a domiciliary of
this state unless there is a finding that such person was domiciled in this state as provided
in section 45a-309. Costs of the court of probate under section 45a-105, for proceedings
in the settlement of the estate of a nondomiciliary testator whose will is proved under
this section shall be determined on the basis of an assumed gross taxable value equal
to the sum of (1) the actual gross taxable estate determined under section 12-349 and
(2) the value set forth in the inventory of such estate under section 45a-341 of all property
therein which is not part of the actual gross taxable estate, excluding any insurance
proceeds exempt from taxation under section 12-342.
(1949 Rev., S. 6964; P.A. 80-410, S. 4; 80-476, S. 245; P.A. 86-144, S. 1.)
History: P.A. 80-410 expanded provisions to allow proving of will in any district where testator last resided, where
testator's bank accounts are maintained or evidence of other intangible property is situated, where executor or trustee
resides or has office or where a cause of action in testator's favor arose or debtor of testator resides or has an office and
added Subsecs. (b) to (d); P.A. 80-476 had no effect, P.A. 80-410 taking precedence; P.A. 86-144 amended Subsec. (d)
by adding provision re probate costs for proceedings in settlement of estate of nondomiciliary testator; Sec. 45-170 transferred to Sec. 45a-287 in 1991.
Annotations to former section 45-170:
Cited. 19 CA 456, 458, 467.
Subsec. (a):
Cited. 19 CA 456, 458, 460, 463, 465−467.
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(b) Nothing in this section shall give effect to a will made in this state by an inhabitant
thereof which has not been executed according to the laws of this state.
(c) If the court of probate finds sufficient objection to such will, the applicant shall
offer competent proof of the contents and legal sufficiency of the will except that the
original thereof need not be produced unless so directed by the court of probate.
(1949 Rev., S. 6965; P.A. 77-614, S. 139, 610; P.A. 80-410, S. 5; 80-476, S. 246; P.A. 85-193, S. 4.)
History: P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979;
P.A. 80-410 made previous provisions Subsecs. (a) and (b), rephrasing them and adding reference to Sec. 45-170 as
amended by same act and replaced provision which stated that property is subject to all state laws governing inheritances,
successions and taxation with provision requiring proof of contents and legal sufficiency of will if court finds "sufficient
objection" to will, designated as Subsec. (c); P.A. 80-476 made minor wording changes, duplicating in part P.A. 80-
410; P.A. 85-193 amended Subsec. (a) by adding provision re filing and recording of will notwithstanding objection by
commissioner to domicile of decedent; Sec. 45-171 transferred to Sec. 45a-288 in 1991.
Annotations to former section 45-171:
Decree of court of competent jurisdiction of another state finding domicile of testator to have been therein, conclusive
here. 50 C. 340 Power of courts of this state with reference to approving executor who has qualified elsewhere; effect of
failure to give notice of application for probate. 81 C. 685. Title cannot pass by will of nonresident until it is probated here.
86 C. 707. Effect of probate in another state. 67 C. 27. Foreign administrator or executor cannot administer on assets here
or sue here without first obtaining ancillary administration; right to receive assets tendered him voluntarily. 92 C. 654.
Appointment here, how secured. Id. Duty of court when foreign will offered for probate here. 93 C. 553.
Cited. 19 CA 456, 467.
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(b) If the will designates a person to be an executor and directs that no bond or that
a bond of a certain amount only shall be required of such executor, the Probate Court
shall follow such provisions of the will if no objection to such provisions has been filed,
provided, if an objection has been filed or the Court of Probate determines that for cause
shown the filing of a bond is necessary for the protection of creditors or to assure the
payment of succession taxes, or both, a bond shall be required in an amount which shall
not be less than an amount equal to twice the amount of the debts of the deceased as
estimated by the court or to the amount of the tax on any untaxed property plus the
succession tax as estimated by the court or to the amount named in the will, whichever
of such amounts is the greatest.
(1949 Rev., S. 6963; 1963, P.A. 513; 1967, P.A. 301; 1969, P.A. 231; P.A. 80-227, S. 16, 24; 80-476, S. 247.)
History: 1963 act added provision authorizing court to excuse posting of bond unless objection is filed or bond deemed
necessary to protect creditors and assure payment of succession taxes; 1967 act rephrased authorization to excuse posting
of bond and made court's excusing of bond mandatory rather than optional, substituting "shall" for "may"; 1969 act added
provision authorizing court to reduce bond after interim account has been allowed; P.A. 80-227 rephrased provisions and
deleted provision authorizing court to reduce bond following acceptance of interim account, effective July 1, 1981; P.A.
80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-169 transferred to Sec. 45a-289 in 1991.
Annotations to former section 45-169:
Executors liable jointly as principals to surety for default of one of their number. 2 C. 540. Cited. 49 C. 424. This bond
does not cover proceeds of land sold by order of court. 77 C. 75. Approval of bond relates back to time of filing; "accepted"
as showing approval. 73 C. 435.
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(b) If during the settlement of an estate, the executor or the administrator with the
will annexed appointed by the court dies or resigns or is removed from such trust, and
no alternate or successor has been named in the will, the court shall appoint an administrator of the estate with the will annexed, de bonis non, subject to the same provisions
as to hearing, notice, waiver of or order dispensing with notice, selection of the administrator and bond, as are stated in this section and section 45a-286.
(c) If the person designated in the will to be executor has died or refuses to accept
or is incapable of accepting such trust, or if during the settlement of the estate, the
executor appointed by the court dies, or resigns or is removed from such trust, and the
will names an alternate or a successor, the court shall appoint such alternate or successor
executor named in said will as executor, who shall have all the powers and duties as
provided in the will. Such appointment shall be subject to the same provisions as to
hearing, notice, waiver of or order dispensing with notice, and bond, as are stated in
this section and sections 45a-286 and 45a-289.
(1949 Rev., S. 6961; P.A. 80-476, S. 248; P.A. 82-2, S. 1.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 82-2 amended Subsec. (a) to provide
for priority for appointment of administrators and added Subsec. (c) providing for appointment of alternate or successor
named in the will; Sec. 45-168 transferred to Sec. 45a-290 in 1991.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotations to former section 45-168:
Applies to estates of deceased residents only. 49 C. 420. Want of integrity or business experience not the "incapacity"
meant by this section. 61 C. 426. Court having approved executor named in the will cannot appoint an administrator with
the will annexed and such appointment is void. 67 C. 187. Duty of court to approve executor named in will; but foreign
corporation held incapable of acting. 74 C. 626. Source of executor's title. 67 C. 81; 74 C. 87. Effect of approval of executor
in another state where will probated there. 81 C. 681.
The appointment of an administrator de bonis non occurs only when the original fiduciary has resigned, died or been
removed. 21 CS 312.
Annotations to present section:
Subsec. (c):
Cited. 225 C. 919, 920. Cited. 228 C. 439−441.
Probate court has no discretion to appoint as executor someone other than person named; testators are entitled to select
their own executors who may not be rejected unless excluded by common law or statute. 30 CA 334, 335, 338.
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(1949 Rev., S. 6977.)
History: Sec. 45-189 transferred to Sec. 45a-291 in 1991.
Annotations to former section 45-189:
Cited. 70 C. 375; 133 C. 703.
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(1949 Rev., S. 6978.)
History: Sec. 45-190 transferred to Sec. 45a-292 in 1991.
Annotation to former section 45-190:
Cited. 70 C. 375.
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(1949 Rev., S. 6967; P.A. 80-476, S. 249.)
History; P.A. 80-476 substituted the verb "mail" for "deposit in the post office"; Sec. 45-179 transferred to Sec. 45a-
293 in 1991.
Annotation to former section 45-179:
Cited. 98 C. 335.
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(b) If there is an appeal from the order or decree of such court, admitting or refusing
to admit to probate the will of such person, the court of probate shall allow to the executor
or administrator his just and reasonable expenses in supporting and maintaining or defending against such will, on such appeal.
(c) Such expenses shall be charged by such court pro rata against the respective
rights or shares of the devisees and legatees under such will and the distributees of such
estate.
(1949 Rev., S. 6973; P.A. 80-476, S. 250.)
History: P.A. 80-476 divided section into Subsecs. and made minor language changes made necessary by doing so;
Sec. 45-185 transferred to Sec. 45a-294 in 1991.
Annotation to former section 45-185:
Right of appeal expressly recognized in this section. 9 CS 223.
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(b) The court may thereafter proceed with the settlement of the estate under a subsequent will if there is one or, if there is no subsequent will, may grant administration on
the estate of such deceased person and proceed with the settlement of the estate as an
intestate estate upon such notice to all parties in interest as the court orders.
(1949 Rev., S. 6974; P.A. 79-569, S. 2; P.A. 80-476, S. 251.)
History: P.A. 79-569 referred to revocation of will in accordance with Sec. 45-162(b) rather than revocation "by the
testator by a subsequent will or by the marriage of the testator or by the birth or adoption of a child"; P.A. 80-476 divided
section into Subsecs. and made minor wording changes, substituting "the" for "such"; Sec. 45-186 transferred to Sec. 45a-
295 in 1991.
See note to Sec. 45a-128.
Annotations to former section 45-186:
Word "revoked" is not to be construed as limited to a complete revocation of former will. 152 C. 206.
Where plaintiffs made motion to dismiss defendant's application for probate and appealed to superior court from probate
court's dismissal of motion, held appeal must be erased for lack of jurisdiction. 23 CS 101.
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(1949 Rev., S. 6975; P.A. 80-476, S. 252.)
History: P.A. 80-476 restated provisions; Sec. 45-187 transferred to Sec. 45a-296 in 1991.
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(1949 Rev., S. 6976; P.A. 80-476, S. 253.)
History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-188 transferred to Sec. 45a-297
in 1991.
Annotations to former section 45-188:
Cited. 114 C. 545. Administrator removed upon admission of will has no interest entitling him to appeal. 117 C. 201.
Probate decree admitting will to probate and granting administration c.t.a. implicitly revoked and terminated the prior
intestate administration of the plaintiff. 167 C. 396.
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GRANT OF ADMINISTRATION OF INTESTATE ESTATES
Cited. 153 C. 57.
(2) When any person not domiciled in this state dies intestate, administration may
be granted by the Court of Probate determined under the jurisdictional prerequisites
provided in subsection (a) of section 45a-287 for nondomiciliary testators, and the provisions of subsection (d) of section 45a-287 regarding Probate Court costs applicable
to testate estates shall apply also to intestate estates granted administration under this
section.
(b) Application, notice and hearing re letters of administration. Upon application for letters of administration to the court of probate having jurisdiction of the estate
of an intestate decedent, the court shall, before granting letters of administration, after
notice required by this section, hold a hearing. Notice of such hearing, either public
notice, personal notice or both as the court deems best, shall be given to all persons
interested in such estate, including the Commissioner of Revenue Services in the case
of a nondomiciliary decedent, unless all persons so interested sign and file in court a
written waiver of such notice, or unless the court, for cause shown, dispenses with such
notice. The finding by the court that such estate is not more than sufficient to pay the
expenses of administration, the funeral and last sickness shall be sufficient cause to
dispense with such notice.
(c) To whom letters of administration granted. (1) Upon hearing as required by
this section, the court of probate having jurisdiction shall grant administration of the
intestate decedent's estate to any one or more persons or their designees appointed in
the following order, provided such person or persons are entitled to share in the estate
of the decedent: (A) The surviving spouse, (B) any child of the decedent or any guardian
of such child as the court shall determine, (C) any grandchild of the decedent or any
guardian of such grandchild as the court shall determine, (D) the decedent's parents,
(E) any brother or sister of the decedent, (F) the next of kin entitled to share in the estate,
or, on their refusal, incapacity or failure to give bond or upon the objection of any heir
or creditor to such appointment found reasonable by the court, to any other person whom
the court deems proper.
(2) If the intestate decedent lived out of the state leaving property within the state,
the court of probate having jurisdiction shall, upon notice and hearing as required by
this section, grant administration to such person as the court deems proper.
(d) Bond required of administrator. The court, upon granting any administration,
shall take a probate bond from the administrator or any successor administrator appointed by the Court of Probate.
(1949 Rev., S. 6980; P.A. 80-410, S. 6; 80-476, S. 254; P.A. 81-472, S. 138, 159; P.A. 82-2, S. 2; P.A. 84-294, S. 10;
P.A. 86-144, S. 2.)
History: P.A. 80-410 reorganized provisions, dividing them into Subsecs., restating provisions and clearly distinguishing
between persons domiciled in state at time of death and persons domiciled out of state; P.A. 80-476 made similar changes
but where differing, P.A. 80-410 took precedence; P.A. 81-472 made technical changes; P.A. 82-2 amended Subdiv.
(1) of Subsec. (c) to provide the priority for granting administration of the intestate decedent's estate where previously
administration was granted to "the decedent's spouse or next-of-kin or both"; P.A. 84-294 amended Subsec. (a) by changing
"last dwelt" to "was domiciled at his death"; P.A. 86-144 amended Subdiv. (2) of Subsec. (a) by adding provision re costs
of probate applicable to intestate estates of nondomiciliary decedent; Sec. 45-195 transferred to Sec. 45a-303 in 1991.
See Sec. 12-358 re reports to Revenue Services Commissioner by clerks of probate courts and re certified copies of
wills and papers.
See Sec. 12-365 re administration on taxable transfer.
See Sec. 52-60 re appointment of judge of probate as attorney for nonresident fiduciary.
Annotations to former section 45-195:
Administration granted to daughter in preference to grandson. 1 R. 52. Administration granted in another state inoperative here. 3 D. 88. "Next of kin" to be ascertained by rule of civil law. 3 D. 211. Title to personal property of intestate vests
in administrator. 4 C. 349; 18 C. 121. Administrators must sell for cash. 21 C. 292. Cited. 49 C. 420; 67 C. 442. Grant of
administration must yield to fact that supposed decedent is alive, or left a will, or was domiciled in some other district. 50
C. 340. In case of nonresident, there must be at least an apparent ownership of property or claim of liability. 76 C. 125;
83 C. 235; 108 C. 447. Administration should not be granted where it would not avail. 76 C. 378; See 70 C. 363. Appointment
of administrator where intestate property has been distributed under a will. 70 C. 363. Foreign corporation held incapable
of acting as administrator. 74 C. 625. Court cannot appoint administrator after approving executor. 67 C. 181. Duty of
court to find domicile of deceased. 86 C. 351. Discretion of court to appoint one not an heir. 93 C. 43. When national bank
may be appointed. 94 C. 651. See note to section 45-163. In suit by nonresident administrator under New York death
statute proceeds went to next of kin instead of to estate. 108 C. 447. Location of estate is not material upon issue of
jurisdiction of court to grant administration of estate of person who died domiciled in district. 115 C. 301. Decree not
invalid for lack of consent. 139 C. 720. Office of executor or administrator does not terminate during his lifetime unless
he is removed. 151 C. 598. Plaintiff must move to have administrator appointed and substituted to continue action. 160
C. 404. Cited. 170 C. 212, 218, 219.
Cited. 16 CS 430. The office of the original administrator does not terminate during his lifetime unless he is removed.
21 CS 312.
Subsec. (b):
Notice should go to all persons entitled to share in a decedent's property under the laws of intestacy; child born out of
wedlock did not have right to notice since she was not entitled to share in father's estate because father did not make a
valid acknowledgment of paternity. 40 CS 151, 154.
Subsec. (c):
Cited. 40 CS 151, 154.
Annotations to present section:
Subsec. (c):
Cited. 34 CA 579, 580, 582.
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FINDING OF DOMICILE
(b) Notwithstanding the provisions of subsection (a) of this section, any such finding
of domicile shall be subject to a subsequent determination of domicile in accordance
with the provisions of chapter 217.
(P.A. 80-410, S. 2; P.A. 85-193, S. 5; P.A. 97-165, S. 8, 16.)
History: P.A. 85-193 added references to placing of wills on file under Sec. 45-171; Sec. 45-195a transferred to Sec.
45a-309 in 1991; P.A. 97-165 designated existing provisions as Subsec. (a) and added new Subsec. (b) re finding of domicile
subject to a subsequent determination of domicile in accordance with chapter 217, effective July 1, 1997.
See Sec. 45a-186 re appeal procedure.
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SETTLEMENT OF DECEDENTS' ESTATES
Cited. 153 C. 57.
(P.A. 80-476, S. 293.)
History: Sec. 45-249a transferred to Sec. 45a-315 in 1991.
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(1949 Rev., S. 6982; P.A. 80-476, S. 295; P.A. 96-202, S. 5; P.A. 00-99, S. 85, 154.)
History: P.A. 80-476 rephrased provisions; Sec. 45-197 transferred to Sec. 45-249c in 1981; Sec. 45-249c transferred
to Sec. 45a-316 in 1991; P.A. 96-202 deleted references to "insolvent debtor", "appointment of a trustee in insolvency",
"insolvent person" and "trustee"; P.A. 00-99 replaced reference to deputy sheriff with state marshal, effective December
1, 2000.
Annotations to former section 45-197:
History discussed. 153 C. 58-61. Action to adjudicate a claim which existed against deceased at time of his death cannot
be maintained against temporary administrator. Id., 61. Temporary administrators are not general representatives of the
estate but emergency officers with but limited custodial duties and authority to care for and preserve the estate until an
executor or general administrator is ascertained or appointed as its proper legal representative. Id., 61.
Cited. 16 CS 430.
Annotations to former section 45-249c:
Cited. 1 CA 535, 540.
Read together with Sec. 45-249d(a) and Sec. 52-555 allows a temporary administrator to commence a wrongful death
action. 40 CS 451, 453−455.
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(b) Such administrator or officer may be authorized by the court to sell any personal
property of the estate which is perishable in its nature or which the court finds cannot
be retained to advantage, and may be further authorized to make up or complete any
stock or materials in an unfinished state, and to continue any business, so far as may be
necessary for the preservation of the same.
(c) Such administrator may be authorized by the court to sell or mortgage any real
property of the estate.
(d) Such administrator or officer shall file forthwith an inventory signed under penalty of false statement of all personal property of the deceased and, when ordered to do
so, shall exhibit to the court an account of his or her actions.
(e) Such administrator or officer may be removed by the court with or without notice
and a successor appointed whenever such action appears to the court advisable.
(f) Upon the appointment and qualification of the administrator or the administrator
with the will annexed or the qualification of the executor, such temporary administrator
or such officer shall exhibit forthwith to the court an account of his or her trust and
deliver to the administrator, executor or administrator with the will annexed all of the
estate of the deceased remaining in his or her hands.
(1949 Rev., S. 6983; P.A. 80-476, S. 296; P.A. 96-91, S. 2; P.A. 98-52, S. 14; P.A. 99-84, S. 19.)
History: P.A. 80-476 divided section into Subsecs., rephrased and rearranged provisions and substituted personal and
real "property" for personal and real "estate"; Sec. 45-198 transferred to Sec. 45-249d in 1981; Sec. 45-249d transferred
to Sec. 45a-317 in 1991; P.A. 96-91 inserted new Subsec. (c) re authorization of temporary administrator to sell real
property of the estate, relettering former Subsecs. (c) to (e) accordingly; P.A. 98-52 amended Subsec. (c) by authorizing
the mortgage of real property; P.A. 99-84 amended Subsec. (d) by deleting "under oath" and inserting "signed under penalty
of false statement".
Annotations to former section 45-198:
History discussed. 153 C. 58-61. Action to adjudicate a claim which existed against deceased at time of his death cannot
be maintained against temporary administrator. Id., 61. Temporary administrators are not general representatives of the
estate but emergency officers with but limited custodial duties and authority to care for and preserve the estate until an
executor or general administrator is ascertained or appointed as its proper legal representative. Id., 61.
Quaere whether temporary administrator may bring action for negligent death. 16 CS 429.
Annotations to former section 45-249d:
Cited. 19 CA 456, 464.
Subsec. (a):
Read together with Sec. 45-249c and Sec. 52-555 allows temporary administrator to commence wrongful death action.
40 CS 451, 454, 455.
Subsec. (e):
Cited. 19 CA 456, 464.
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(b) This section shall not apply to the disposition of a body of a deceased person
under the provisions of sections 19a-270 and 54-102; nor shall it affect the powers and
duties of the chief medical examiner under the provisions of sections 19a-406 to 19a-
408, inclusive.
(1949 Rev., S. 7036; P.A. 76-4; P.A. 80-476, S. 297; P.A. 93-407, S. 13; P.A. 94-25.)
History: P.A. 76-4 added provisions governing cases where deceased resident leaves no spouse or next of kin, where
spouse or next of kin cannot be contacted or refuses to assume custody and control; P.A. 80-476 divided section into
Subsecs. and made minor changes; Sec. 45-253 transferred to Sec. 45a-318 in 1991; P.A. 93-407 added provision permitting
decedent, in a duly acknowledged writing, to designate person other than next of kin to have custody and control of his
remains; P.A. 94-25 deleted phrase "for the time being" in Subsec. (a).
Annotations to former section 45-253:
Control extends to removals and reinterments. 81 C. 599. Cited. 133 C. 730. Purpose of statute is to avoid unseemly
controversy over remains of deceased persons. 137 C. 450. Cited. 194 C. 635, 637−640, 642, 643.
A person's expressed wish or direction as to the disposal of her body after death is entitled to respectful consideration
by the court and should be carried out as far as possible. 26 CS 290, 293. The right of sepulture is not absolute, but must
yield when in conflict with the public good or when the demands of justice require such subordination. Id.
Subsec. (a):
Cited. 194 C. 635, 639.
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(b) In making such allowance the court may in its discretion include in its decree
ordering such allowance any one or more of the following provisions, to the extent they
are not mutually inconsistent: (1) A provision that such allowance shall run (A) for the
entire period the estate is in settlement, or (B) for a fixed period of time not to exceed
the period of settlement, in which case such allowance shall be subject to renewal by
the court in its discretion; (2) a provision that such allowance is to be paid in a lump
sum; (3) a provision that such an allowance made for a surviving spouse shall vest in
such spouse retroactively as of the moment of death of his spouse so that it will be a
fixed sum certain as of said date of death and shall not terminate with the subsequent
death or remarriage of the surviving spouse, such allowance to be the absolute property
of the surviving spouse, or, if deceased, of the estate of such surviving spouse, without
restriction as to use, encumbrance or disposition and for the purpose of this section, the
right to seek such a vested allowance shall be a vested right as of the date of death of
the deceased spouse, and (4) a provision that such allowance shall be charged ultimately
in whole or in part against any right the surviving spouse or other family member for
whom an allowance is ordered may have to the income of the estate earned during the
period of settlement.
(c) The court may also allow for the use during the settlement of the estate by such
surviving spouse or family of any motor vehicle maintained by the decedent during his
lifetime as a family car.
(1949 Rev., S. 7033; 1955, S. 2940d; 1957, P.A. 471; 1961, P.A. 370; 1963, P.A. 309; 1967, P.A. 130; P.A. 88-107,
S. 2.)
History: 1961 act added provisions re vested rights of surviving spouse and re consideration of allowed support amount
as absolute property of surviving spouse payable in a lump sum; 1963 act deleted provisions added by 1961 act, designated
remaining existing provisions as Subsecs. (a) and (c) and inserted new Subsec. (b) re court's discretionary rulings governing
allowances; 1967 act clarified Subsec. (b)(3) vesting allowance and right to seek such allowance as of the date of death of
spouse; P.A. 88-107 amended Subsec. (a) by permitting court to allow amount for support of surviving spouse and family
to be taken out of small estate being settled under provisions of Sec. 45-266; Sec. 45-250 transferred to Sec. 45a-320 in 1991.
Annotations to former section 45-250:
Wherever adequate provision for support is otherwise made, allowance not to be granted. 19 C. 418. Allowance cannot
be attached in hands of administrator. 55 C. 118. Wife may by antenuptial contract debar herself from right to allowance.
66 C. 135. Order for allowance construed. 69 C. 694. Antenuptial agreement construed as relinquishment of this right. 74
C. 26. Former statute did not permit allowance to husband from estate of wife. 91 C. 76. Abandonment as defeating right
to allowance for support. 107 C. 106. Expenditures held not to come within scope of statute. Id., 541. Cited. 130 C. 60.
Award not contrary to statute. 139 C. 652. Discretion rests in probate court as to amount of allowance and on appeal such
an award cannot be changed except for an abuse of such discretion. 147 C. 656. Term "necessary" does not restrict the
allowance to bare subsistence. Id. The marriage of a woman to her uncle in Italy, though valid there, not valid in this state
and therefore she cannot qualify as a "surviving spouse" within the meaning of this section. 148 C. 288. (One judge
dissenting.)
Probate court may make an allowance for support of widower, notwithstanding his election to take a statutory share in
his wife's estate; history of section reviewed. 20 CS 87.
Subsec. (a):
Cited. 184 C. 602, 603.
Subsec. (b):
Cited. 184 C. 602, 603.
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(b) The family of the decedent shall be allowed to remain in the dwelling house
occupied by him at the time of his death, and may occupy such land and buildings
connected therewith as the court considers necessary for their convenience and comfort
until the same is sold, distributed or otherwise disposed of according to law.
(1949 Rev., S. 7035; P.A. 80-476, S. 298.)
History: P.A. 80-476 divided section into Subsecs., rephrased provisions, substituted "real property" for "real estate"
and reference to fiduciaries for reference to executors and administrators and deleted provision which prohibited construing
provisions "so as to deprive a husband, being tenant by courtesy, of the possession, care and control of the real estate of
his deceased wife, nor of the rents, income and products thereof, during the settlement of the estate"; Sec. 45-252 transferred
to Sec. 45a-321 in 1991.
Annotations to former section 45-252:
Executor has, under this statute, same control of real estate, not specifically devised, during settlement of estate and
same title to it that he has of the personal estate. 34 C. 66, 67. All rents and income vest in executor in same manner as
personal property for the benefit of parties entitled to it. 44 C. 516, 517. Executor's right not affected by decree limiting
time for redemption. 46 C. 453. Provision regarding right of occupancy by family of decedent is to protect right of tenant
by the curtesy. 52 C. 423; 67 C. 276. Tenant of administrator cannot set off debt due from intestate against rent. 53 C. 502.
Cited. 65 C. 227. Right of administrator to maintain suits as to lands. 75 C. 662; 79 C. 493; id., 685; 85 C. 698. But heir
may enter and protect lands from disseizors. 84 C. 569. Administrator's right ceases when final account settling estate is
allowed. 77 C. 376; 78 C. 517. Land specifically devised excepted. 81 C. 224; 85 C. 567. Administrator may hold possession
as cotenant. 81 C. 446. Any lease by an administrator or executor is valid only until final settlement of estate. 93 C. 709;
103 C. 234. Who is included in term "family." 103 C. 235. Whether administrator or executor should lease or otherwise
render real estate in his hands productive depends on all circumstances-test is reasonable prudence. Id., 232. Devisee of
absolute estate subject to conditional limitation is entitled to possession on settlement of estate. 129 C. 352. Notice by
lessee to administrator of intention to exercise option to renew lease does not bind heirs. 130 C. 304. Cited. 127 C. 168;
130 C. 682. Where no allegation was made that realty in question was needed to meet claims against estate, there could
be no occasion to permit exercise of the plaintiff executors' power under statute. 159 C. 371, 376.
Cited. 7 CA 522, 526.
Cited. 5 CS 231; 11 CS 43. An administrator may not maintain an action to recover real property conveyed by his
decedent as a result of fraud unless the property is required for debts or administration of the estate. 11 CS 72. Rents and
profits from real estate regarded as incident to it and to go to the benefit of the persons entitled to the real estate. 12 CS 13.
Cited. 3 Conn. Cir. Ct. 275.
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(b) When the decedent was at the time of his death the owner of any oyster ground
within the state jurisdiction, the fiduciary shall, within two months after becoming qualified to act, lodge such certificate, stating the area and location of such oyster ground,
with the Commissioner of Agriculture. Such certificate shall be recorded on the records
of the commissioner of agriculture.
(c) If any fiduciary fails to perform the duties imposed upon him by this section,
he shall, if the decedent was the owner of real property or any interest therein or mortgage
or lien thereon, forfeit and pay to the town in which such real property is situated the
sum of twenty-five dollars, and shall, if the decedent was the owner of such oyster
ground, forfeit and pay to the state the sum of twenty-five dollars, to be recovered in a
civil action against the fiduciary, or by an action upon his probate bond, in the name of
the town or state, as the case may be.
(1949 Rev., S. 7037; P.A. 80-476, S. 299.)
History: P.A. 80-476 divided section into Subsecs., substituted references to fiduciaries for references to executors and
administrators, "real property" for "real estate" and "commissioner of agriculture" for "shellfish commissioners"; Sec. 45-
254 transferred to Sec. 45a-322 in 1991.
See Sec. 45a-450 re recordation of descent or distribution of real property of deceased persons.
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(1949 Rev., S. 7050; P.A. 80-476, S. 300.)
History: P.A. 80-476 substituted "personal property" for "personal estate"; Sec. 45-255 transferred to Sec. 45a-323
in 1991.
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(1949 Rev., S. 6966; P.A. 80-476, S. 301.)
History: P.A. 80-476 substituted "real property" for "real estate"; Sec. 45-178 transferred to Sec. 45-255a in 1981; Sec.
45-255a transferred to Sec. 45a-324 in 1991.
Annotations to former section 45-178:
At common law administrator with the will annexed had power to sell land under an absolute direction in the will. 49
C. 342; 82 C. 312. Cited. 54 C 64.
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(1949 Rev., S. 7040; P.A. 80-476, S. 302.)
History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" and "real property" for "real estate" and
deleted provision authorizing court where guardian of minor or conservator of incapable person was appointed to order
the guardian or conservator to convey any interest of ward in real estate to another person; Sec. 45-257 transferred to Sec.
45a-325 in 1991.
Annotations to former section 45-257:
Bond for deed containing personal covenant only is binding on estate. 38 C. 86. Under this statute, court cannot determine
disputed title to land. 84 C. 561. Estate of owner of real property under contract of sale becomes under equitable conversion
an estate in personalty; administrator's deed valid to convey land under contract made by deceased, without bond by
administrator. 109 C. 315. Probate court may authorize conveyance if there is not a substantial dispute as to the rights of
the parties. 126 C. 435. Option to purchase land comes within purview of statute. 156 C. 175.
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(b) Unless the petition for the partition of such interest in property is signed by all
the persons in interest, or the guardians of such of them as are minors, or the conservators
of such of them as are incapable persons having conservators, the court shall, following
public notice, fully hear the case and make all orders as the interests of the parties and
the estate demand. In such case the court shall not order partition unless upon full hearing
it appears that the best interests of the estate and of the parties concerned will be promoted
thereby.
(c) If, upon such petition, it is the opinion of the court of probate that a sale will
better promote the interests of the owners, or that the property cannot be beneficially
divided for the purpose of distribution, it may order the sale of any or all such property
in such manner and upon such notice as it deems expedient; but unless the petition for
the partition or sale of such interest in property is signed by all the persons in interest,
or the guardians of such of them as are minors, or the conservators of such of them as
are incapable persons having conservators, the court shall, following public notice, fully
hear the case and make all orders as the interests of the parties and the estate demand.
In such case the court shall not order sale unless upon full hearing it appears that the
best interests of the estate and of the parties concerned will be promoted thereby. An
order to sell pursuant to this section shall not be made until the executor, administrator
or person designated to sell gives a probate bond to secure the execution of his trust
according to the order of the court and according to law unless the probate court dispenses
with the requirement of a probate bond as provided in section 45a-169.
(d) The court may appoint for the purpose of partitioning such property a committee
of three disinterested persons, who shall be sworn and shall make a return of their actions
to the court according to the order thereof. Such partition, when so made and returned
to and accepted by the court, and all orders and decrees relating thereto, shall bind all
persons interested therein and their heirs.
(e) The portion set to the estate of the deceased person shall be treated as if the same
had been partitioned in the lifetime of such deceased person by a court of competent
jurisdiction.
(f) If the property so partitioned is real property, a copy of such decree shall be
recorded upon the land records of the town in which such land is situated.
(g) If the name or residence of any party entitled to share in the proceeds of property
so sold is unknown to the court and cannot be ascertained, it shall appoint a trustee for
the share of such party. Such trustee shall give a probate bond and shall hold such share
until demanded by the person or persons entitled thereto.
(1949 Rev., S. 7031; P.A. 80-476, S. 303.)
History: P.A. 80-476 divided section into Subsecs., reordering and restating provisions and inserted new provisions
designated as Subsec. (b) re authority of court to hear case and make orders re partition; Sec. 45-247 transferred to Sec.
45-257a in 1981; Sec. 45-257a transferred to Sec. 45a-326 in 1991.
Annotations to former section 45-247:
Held to mean a partition in the ordinary legal sense and not a distribution. 52 C. 421. Partition in kind as against partition
by sale discussed. 195 C. 368, 370−373, 381−383.
This section is not exclusive; the remedy it provides is in addition to that provided in 52-495. 4 CS 68. Cited. 18 CS
104; 19 CS 420.
Annotations to former section 45-257a:
Cited. 7 CA 522, 526.
Subsec. (b):
Cited. 195 C. 368, 374.
Subsec. (c):
Cited. 195 C. 368, 374.
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(1949 Rev., S. 7029; P.A. 80-476, S. 304.)
History: P.A. 80-476 restated provisions and substituted "real property" for "real estate"; Sec. 45-245 transferred to
Sec. 45-257b in 1981; Sec. 45-257b transferred to Sec. 45a-327 in 1991.
Annotations to former section 45-245:
Duration of creditor's lien. Where no administration has been granted and where real estate is otherwise unencumbered.
103 C. 373. Where proper presentation of claim, no disallowance, but inaction on part of antemortem creditor. 106 C. 610.
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(1949 Rev., S. 7039; P.A. 80-476, S. 305.)
History: P.A. 80-476 rephrased provisions and substituted reference to fiduciaries for reference to executors and administrators; Sec. 45-256 transferred to Sec. 45a-328 in 1991.
Annotations to former section 45-256:
When contract contemplating continuance of business has been executed except for payment, executor may recover
sum owing even though no order of probate court authorized contract. 98 C. 769. But ordinarily no power to carry on
decedent's business except after compliance with provisions of this section. 106 C. 612. Testator's power to authorize
continuance of business. Id. Statute construed. 116 C. 65. Extension by executor of time for payment of mortgage held by
estate is not a continuance of a business. Id. Cited. 120 C. 347; 148 C. 361.
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(b) If such person left a will, it shall be presented for probate, and, if he left no will,
administration on his estate shall be granted by the court of probate having jurisdiction,
as provided in section 45a-303, and his estate may be settled and distributed in the same
manner as if he were known to be dead.
(c) After such administration and distribution, the fiduciary shall not be liable to
the person so presumed to be dead in any action for the recovery of the estate.
(1949 Rev., S. 6984; 1959, P.A. 325, S. 1; P.A. 80-476, S. 306; P.A. 94-79, S. 1.)
History: 1959 act authorized immediate payments for support of wife, child or dependent without requiring bond; P.A.
80-476 divided section into Subsecs., restated provisions and substituted "spouse" for "wife" and "fiduciary" for reference
to executor or administrator; Sec. 45-199 transferred to Sec. 45-257c in 1981; Sec. 45-257c transferred to Sec. 45a-329 in
1991; P.A. 94-79 deleted former Subsec. (c) that had required legatees or distributees to post a surety bond in the event
the person presumed to be dead reappeared and demanded the amount paid or distributed, provided that the legacy or
amount to be distributed be placed at interest if the legatee or distributee is unable to give the required security with the
interest paid annually to the legatee or distributee, prohibited the payment or distribution without the required security
until five years had elapsed from the granting of the letters of administration or letters testamentary, and permitted the
payment of support to a spouse, minor child or other dependent who is a legatee or distributee without requiring a bond,
and relettered the remaining Subsec. accordingly.
See Sec. 45a-446 re distribution of estate when heir is presumed dead.
Annotations to former section 45-199:
Section valid; notice necessary. 88 C. 425. Scope of statute; application limited to question of administration of estates.
108 C. 276. Common law presumption unchanged in other cases. Id.
Presumption of death is one of death only and not of time of death. 7 CS 106.
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(1949 Rev., S. 6985; P.A. 80-476, S. 307.)
History: P.A. 80-476 substituted "property" for "estate" and "the age of majority" for "full age"; Sec. 45-200 transferred
to Sec. 45-257d in 1981; Sec. 45-257d transferred to Sec. 45a-330 in 1991.
Annotations to former section 45-200:
Child of tenant in tail who died more than ten years after the decease of a testator whose will was not proved, held not
to be "interested" in the language of statute. 14 C. 210. Creditors of decedent cannot ordinarily claim right to administration
if more than ten years have elapsed. 38 C. 256. Power of general assembly to grant administration after time stated in
statute has elapsed. 45 C. 315. Cited. 49 C. 422; 62 C. 222; 67 C. 320; 109 C. 457. Administration should not be granted
by court if application has no foundation or appointment would not avail applicants. 61 C. 449. May be granted after ten
years, to collect note apparently outlawed. 76 C. 380. See 91 C. 265. Lien of antemortem creditor on decedent's real estate
lasts while administration may be granted. 103 C. 353, id., 372. Effect of laches after proper presentation and no disallowance
of antemortem claim. 106 C. 609. Not an absolute bar to admission of will to probate after ten years from decease of
testator. 135 C. 489.
Cited. 15 CS 316.
Annotations to former section 45-257d:
Cited. 40 CS 312, 314.
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(b) In any such case in which it appears to the court that the fiduciary has neglected
or refused to complete administration of the estate and the appointment of a successor
fiduciary would serve no useful purpose, the court may hold a hearing, after giving
public notice thereof and notice to the Commissioner of Revenue Services and such
others as the court deems reasonable. Thereafter, on its own motion, the court may order
and decree the estate closed for dormancy and the bond released without adjudication
and the estate shall be closed and only reopened by further order of the court; provided
the bond shall be released for future acts and not for any acts or misdeeds occurring
during the period of administration of the estate.
(1949 Rev., S. 6986; P.A. 77-261; 77-614, S. 139, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-476, S. 308.)
History: P.A. 77-261 added provisions re hearing held when executor or administrator has neglected or refused to
complete administration of estate and re court order to close estate for dormancy and release bond; P.A. 77-614 and P.A.
78-303 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 80-476 divided
section into Subsecs. and replaced references to administrators and executors with references to fiduciaries; Sec. 45-201
transferred to Sec. 45-257e in 1981; Sec. 45-257e transferred to Sec. 45a-331 in 1991.
Annotation to former section 45-201:
Effect of laches after due presentation of antemortem claim never disallowed. 106 C. 610.
Annotations to present section:
Cited. 225 C. 919, 920. Cited. 228 C. 439−441.
Cited. 30 CA 334, 339.
Subsec. (a)
Cited. 30 CA 334, 339.
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(1949 Rev., S. 6981; P.A. 77-614, S. 139, 610; P.A. 80-476, S. 309.)
History: P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979;
P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-196 transferred to Sec. 45-257f in 1981; Sec.
45-257f transferred to Sec. 45a-332 in 1991.
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(1949 Rev., S. 7046; P.A. 80-476, S. 310.)
History: P.A. 80-476 substituted "real property" for "real estate" and "fiduciary of a decedent's estate" for "executor
or administrator" and made other minor changes; Sec. 45-260 transferred to Sec. 45a-333 in 1991.
Annotations to former section 45-260:
Does not impose duty on administrator where decedent owned only a life estate. 123 C. 350.
Cited. 4 CS 241.
Annotations to present section:
Cited. 34 CA 634, 639.
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(1949 Rev., S. 7043; P.A. 80-476, S. 311.)
History: P.A. 80-476 substituted "real property" for "real estate" and made minor changes in wording; Sec. 45-258
transferred to Sec. 45a-334 in 1991.
Annotation to former section 45-258:
Has no retroactive effect. 42 C. 211.
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