PART I
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.
(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.
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.
(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.
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.
(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.
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.
(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.
Secs. 45a-277 to 45a-281. Reserved for future use.
PART II
PROBATE OF WILL
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.
(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.
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.
(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.
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.
(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.
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.
(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.
Annotation to present section:
Cited. 218 C. 220, 230.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.