You asked what publication requirements apply to probate proceedings involving decedent's estates.

SUMMARY

We identified at least 14 instances where the law requires the probate court to give “public notice” or “newspaper notice” in connection with certain aspects of handling a decedent's estate, such as notifying creditors of how and when to file claims against the decedent's estate, or removing an executor or administrator.

Whenever the law requires public notice in any probate court proceeding involving decedent's estates, it must be by publication in a newspaper having a circulation in the probate district for whatever time the court directs. The court may require whatever additional notice it deems necessary (CGS § 45a-126). But notice by publication is not required if actual notice is received by all parties interested in a matter or proceeding unless notice is requested by an interested party or is required by the court.

The law defines “newspaper notice” as notice published in a newspaper having a substantial general circulation in the probate district in which an estate is in settlement (CGS § 45a-353).

Following are brief summaries of the laws requiring public or newspaper notice. We have also included several instances where the court can choose public notice but is not necessarily required to.

NEWSPAPER OR PUBLIC NOTICE REQUIRED

Notice to Creditors-Solvent Estates

The law requires probate courts to publish newspaper notice at least once notifying all persons having claims to present their claims to the fiduciary. Newspaper notice must be made within 14 days after the appointment of the first fiduciary. The notice must state:

1. the name of the fiduciary and the address at which claims should be presented,

2. that persons with claims should promptly present those claims to the fiduciary, and

3. that failure to promptly present any such claim may result in the loss of rights to recover on such claim (CGS § 45a-354(a)).

Notice to Creditors—Insolvent Estates

Within 14 days after the determination of insolvency, the probate court must publish newspaper notice at least once notifying all persons having claims to present such claims to the fiduciary. The notice must state:

1. the name of the fiduciary and the address at which claims should be presented; and

2. that the estate has been found insolvent and any creditor who fails to present his claim on or before the date specified in the notice, will be forever barred from asserting or recovering on any such claim from the fiduciary, the estate, or any creditor of the estate (CGS § 45a-378).

Payment of Claims of Fiduciary

A fiduciary may not pay his own personal claim until it has been approved by the probate court after newspaper notice and hearing, unless the court, for cause shown, waives the notice and hearing (CGS § 45a-367).

Partition or Sale of Undivided Interest in Decedents' Estate

During the settlement of the estate of any person who died owning an undivided interest in any property not specifically given by will, the executor or administrator of the estate and the owner or owners of the major portion of the other interest in it may apply in writing to the court to order its partition (CGS § 45a-326).

Unless the petition is signed by all these who have an interest in the property, the court must, 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 may not order partition unless upon full hearing it appears that the best interests of the estate and of the parties concerned will be promoted.

If, upon such petition, it is the court's opinion 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 is signed by all interested persons, the court must, following public notice, fully hear the case and make all orders as the interests of the parties and the estate demand.

Removal of Fiduciary

In any case involving a conservatorship, guardianship of the estate, or testamentary trust in which it appears to the court that the fiduciary has neglected or refused to complete his work, and the appointment of a successor fiduciary would serve no useful purpose, the court may hold a hearing, after giving public notice and whatever other notice the court deems reasonable (CGS § 45a-245).

Time Limit for Granting the Administration of an Intestate Estate or Proving a Will

Generally, the administration of the estate of any person may not be granted, nor may a will be admitted to probate, more than 10 years after the person's death, unless the probate court, upon written petition and after public notice and hearing, finds that administration of such estate ought to be granted or that the will should be admitted to probate (CGS § 45a-330).

Closure of an Estate for Inaction

If it appears to a probate court that a 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 and notice to the Commissioner of Revenue Services and such others as the court deems reasonable (CGS § 45a-331). Thereafter, on its own motion, the court may order the estate closed for dormancy.

Time for Creditors of the Deceased to Present their Claims

The probate court may order the citation of the creditors of the deceased whose estate is in settlement to bring in their claims within a time period set by the court by publishing a notice to that effect in a newspaper having a circulation in the probate district in which such estate is in settlement and by such further notice as the court deems necessary (CGS § 45a-395).

The court may, for cause shown upon a hearing after public notice, set a further time for the presentation of claims. The court may, for a creditor who through no fault of his own failed to present his claim, for cause shown upon hearing after public notice, extend the time for such creditor to present his claim not more than 30 days beyond the period.

Determination of Claims Presented Against Solvent Estate if Fiduciary Dies or is Removed

A successor fiduciary of a solvent decedent's estate may, when the original fiduciary has died or been removed after the time limited for the presentation of claims against such estate has expired and the original fiduciary has not made a return of the notice given and the claims presented, apply to the probate court to determine what claims were presented to the original fiduciary within the time limited. Upon application by the successor fiduciary, after public notice to all persons interested, the court must hear and determine what claims, if any, were presented to the original fiduciary within the time limited (CGS § 45a-398).

Payment of a Fiduciary's Claims

A fiduciary may not pay any personal claim of his own against the decedent's estate until it has been approved by the probate court after public notice and hearing, unless the court, for cause shown, dispenses with such notice and hearing (CGS § 45a-403).

Appointment of Commissioners to Determine Claims on Insolvent Estates and Notice to Creditors

The probate court must direct the fiduciary of an insolvent estate of a deceased person, and the trustee of the estate of an insolvent debtor, to give public notice to all interested persons to appear and be heard relative to the appointment of commissioners to receive and decide upon the claims of the creditors of the estate. After hearing, the court must appoint two or more disinterested persons to be such commissioners (CGS § 45a-406).

Within 10 days after appointment of commissioners, the fiduciary must give public notice of the time and place of the commissioners' meeting and send a copy to every known creditor of the estate.

Limitation of Time for Exhibiting Claims to Commissioners on Insolvent Estates

The law requires the court to give creditors between three and 12 months to exhibit their claims to the commissioners, and between three and six months to present them to the commissioners. The court may, on the application of any person claiming to be a creditor of the estate for good and sufficient cause shown, upon a hearing after public notice order the hearing before the commissioners on any estate to be opened and set a further time, not exceeding 30 days for the presentation of such claims (CGS § 45a-407).

When Commissioners Disagree

If there are two commissioners and they do not agree to allow or reject any particular claim, the probate court, after public notice and hearing, must appoint a third commissioner to act with them (CGS § 45a-418).

Appointment of a Trustee

The law authorizes the probate court, after public notice and a hearing, to appoint a trustee of the property of a person who has disappeared (CGS § 45a-478). The court may also, after public notice and a hearing, remove, discharge, require an accounting from, or appoint a successor to such trustee. If the missing person reappears, the court must, on his application, after hearing and public notice, order the restoration of such property to the person entitled to it and discharge the trustee, after accepting the trustee's account.

PUBLIC NOTICE AUTHORIZED

Hearing Required Before Proving or Rejecting a Will

The law requires any probate court, before proving or disapproving any last will and testament or codicil, to hold a hearing. The court must give notice, either public, personal, or both, as the court deems best, to all parties known to be interested in the estate, unless they all 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 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 notice (CGS § 45a-286).

Sale or Mortgage of Real Property Specifically Devised

If the probate court finds that the estate of a deceased person is insolvent and if the real property has been specifically given by will, or if the court finds that the estate of such person is solvent but that there are no assets of the estate, other than real property specifically devised or forbidden by will to be sold or mortgaged, from which debts, taxes and administration charges against the estate may be paid, the court must order personal notice of the pendency of the application for a decree authorizing the sale or mortgage of such real property to be given to all devisees of such real property whose existence, names, and residences can be ascertained by the court and must order such other notice as it deems advisable to be given to all such devisees whose existence, names and residences cannot be ascertained by the court (apparently this would be by newspaper) (CGS § 45a-428).

Application to Open an Intestate Estate

Whenever someone applies to open an estate of a person who died without a will (intestate), the court must, after notice, hold a hearing. Notice of such hearing, either public notice, personal notice, or both as the court deems best, must be given to all persons interested in the estate, unless all interested persons sign and file in court a written waiver of such notice, or unless the court, for cause shown, dispenses with such notice (CGS § 45a-303). The finding by the court that the estate is not more than sufficient to pay the expenses of administration, the funeral, and last sickness is a sufficient reason to dispense with the notice.

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