CHAPTER 802b
DECEDENTS' ESTATES

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 in which 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 forty 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; P.A. 07-32, S. 1.)

      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 $500 to $1,000; 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 $1,000 to $5,000, 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 $5,000 to $10,000 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 30 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 $10,000 to $20,000 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 adding exception for provisions of Subsec. (e), permitting probate court to issue certification and other documents necessary to carry out intent of section and 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"; P.A. 07-32 amended Subsec. (a) to make a technical change, and in Subdiv. (2), substitute $40,000 for $20,000 re aggregate value of property.

      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.

      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.

      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. Cited. 34 C. 446. 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. 63 C. 306; 67 C. 320. 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. Duty of court to make decision as to residence of deceased. 86 C. 351. Public policy of establishment of every legally executed last will. 124 C. 100. 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.

      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. Not unconstitutional as violating right to trial by jury. 74 C. 259. Affidavit admissible in appellate court. Id., 260.

      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.

      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:

      Issuance of order of notice alone not a taking of jurisdiction which will justify writ of prohibition. 86 C. 354. Notice where administration applied for on ground of seven years' absence. 88 C. 425. 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. Cited. 152 C. 530-532. Appeal period deemed thirty days following written waiver of notice. 162 C. 36. Cited. 169 C. 382. Cited. 178 C. 189. Cited. 185 C. 25.

      "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.

      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 Effect of probate in another state. 67 C. 27. 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. 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.

      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. Approval of bond relates back to time of filing; "accepted" as showing approval. 73 C. 435. This bond does not cover proceeds of land sold by order of court. 77 C. 75.

      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. Cited. 228 C. 439.

      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.

      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.

      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.

      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.

      (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.

      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.

      (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.

      Secs. 45a-298 to 45a-302. Reserved for future use.

PART III*
GRANT OF ADMINISTRATION OF INTESTATE ESTATES

      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.

      (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 Subsec. (c)(1) 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 Subsec. (a)(2) 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. 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. Court cannot appoint administrator after approving executor. 67 C. 181. Cited. Id., 442. 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. 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. 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. 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.

      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.

      Subsec. (c):

      Cited. 40 CS 151.

      Annotation to present section:

      Subsec. (c):

      Cited. 34 CA 579.

      Secs. 45a-304 to 45a-308. Reserved for future use.

PART IV
FINDING OF DOMICILE

      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.

      (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.

      Secs. 45a-310 to 45a-314. Reserved for future use.

PART V*
SETTLEMENT OF DECEDENTS' ESTATES

      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.

      (P.A. 80-476, S. 293.)

      History: Sec. 45-249a transferred to Sec. 45a-315 in 1991.

      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.

      (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.

      Read together with Sec. 45-249d(a) and Sec. 52-555 allows a temporary administrator to commence a wrongful death action. 40 CS 451.

      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.

      (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.

      Subsec. (a):

      Read together with Sec. 45-249c and Sec. 52-555 allows temporary administrator to commence wrongful death action. 40 CS 451.

      Sec. 45a-318. (Formerly Sec. 45-253). Document directing or designating individual to have custody and control of disposition of deceased person's body. Funeral director's reliance on document. Individuals entitled to custody and control of disposition. Revocation. Form. Petition to court of probate. (a) Any person eighteen years of age or older, and of sound mind, may execute in advance of such person's death a written document, subscribed by such person and attested by two witnesses, either: (1) Directing the disposition of such person's body upon the death of such person, which document may also designate an individual to have custody and control of such person's body and to act as agent to carry out such directions; or (2) if there are no directions for disposition, designating an individual to have custody and control of the disposition of such person's body upon the death of such person. Such disposition shall include, but not be limited to, cremation, incineration, disposition of cremains, burial, method of interment and cryogenic preservation. Any such document may designate an alternate to an individual designated under subdivision (1) or (2) of this subsection.

      (b) No person may challenge a funeral director's decision to carry out the directions for disposition contained in a document executed for the purposes of subsection (a) of this section if the funeral director's decision and conduct in carrying out such directions for disposition in reliance on such document was reasonable and warranted under the circumstances.

      (c) In the absence of a written designation of an individual pursuant to subsection (a) of this section, or in the event that an individual and any alternate designated pursuant to subsection (a) of this section decline to act or cannot be located within forty-eight hours after the time of death or the discovery of the body, the following individuals, in the priority listed, shall have the right to custody and control of the disposition of a person's body upon the death of such person, subject to any directions for disposition made by such person pursuant to subdivision (1) of subsection (a) of this section:

      (1) The deceased person's spouse, unless such spouse abandoned the deceased person prior to the deceased person's death or has been adjudged incapable by a court of competent jurisdiction;

      (2) The deceased person's surviving adult children;

      (3) The deceased person's surviving parents;

      (4) The deceased person's surviving siblings;

      (5) Any adult person in the next degree of kinship in the order named by law to inherit the deceased person's estate, provided such adult person shall be of the third degree of kinship or higher;

      (6) Such adult person as the Probate Court shall determine.

      (d) A document executed by a person for the purposes of subsection (a) of this section shall revoke any document previously executed by such person for the purposes of said subsection or any prior cremation authorization or other authorization for the disposition of remains executed by such person and may be in substantially the following form, but the use of such form shall not preclude the use of any other form:

DISPOSITION OF REMAINS AND
APPOINTMENT OF AGENT

(Insert desired disposition directions)

....

(Signature)

      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.

      (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.

      Subsec. (b):

      Cited. 184 C. 602.

      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.

      (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". Id., 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. Cited. 127 C. 168. 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. Id., 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.

      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. Id., 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.

      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.

      (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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 45a-450 re recordation of descent or distribution of real property of deceased persons.

      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.

      (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.

      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.

      (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.

      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.

      (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.

      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.

      (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.

      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.

      Subsec. (b):

      Cited. 195 C. 368.

      Subsec. (c):

      Cited. 195 C. 368.

      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.

      (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.

      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.

      (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.

      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.

      (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.

      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.

      (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. Administration should not be granted by court if application has no foundation or appointment would not avail applicants. 61 C. 449. Cited. 62 C. 222; 67 C. 320. 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. Cited. 109 C. 457. Not an absolute bar to admission of will to probate after ten years from decease of testator. 135 C. 489.

      Cited. 15 CS 316.

      Annotation to former section 45-257d:

      Cited. 40 CS 312.

      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.

      (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. Cited. 228 C. 439.

      Cited. 30 CA 334.

      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.

      (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.

      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.

      (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.

      Annotation to present section:

      Cited. 34 CA 634.

      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.

      (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.

      Sec. 45a-334a. Access to decedent's electronic mail account. (a) For the purposes of this section:

      (1) "Electronic mail service provider" means any person who (A) is an intermediary in sending or receiving electronic mail, and (B) provides to end-users of electronic mail services the ability to send or receive electronic mail; and

      (2) "Electronic mail account" means: (A) All electronic mail sent or received by an end-user of electronic mail services provided by an electronic mail service provider that is stored or recorded by such electronic mail service provider in the regular course of providing such services; and (B) any other electronic information stored or recorded by such electronic mail service provider that is directly related to the electronic mail services provided to such end-user by such electronic mail service provider, including, but not limited to, billing and payment information.

      (b) An electronic mail service provider shall provide, to the executor or administrator of the estate of a deceased person who was domiciled in this state at the time of his or her death, access to or copies of the contents of the electronic mail account of such deceased person upon receipt by the electronic mail service provider of: (1) A written request for such access or copies made by such executor or administrator, accompanied by a copy of the death certificate and a certified copy of the certificate of appointment as executor or administrator; or (2) an order of the court of probate that by law has jurisdiction of the estate of such deceased person.

      (c) Nothing in this section shall be construed to require an electronic mail service provider to disclose any information in violation of any applicable federal law.

      (P.A. 05-136, S. 1.)

      Secs. 45a-335 to 45a-339. Reserved for future use.

PART VI*
INVENTORY OF DECEDENTS' ESTATES

      Sec. 45a-340. (Formerly Sec. 45-201a). "Fiduciary" defined. As used in sections 45a-340 to 45a-347, inclusive, "fiduciary" includes the executor or administrator of a decedent's estate.

      (P.A. 80-476, S. 255.)

      History: Sec. 45-201a transferred to Sec. 45a-340 in 1991.

      Sec. 45a-341. (Formerly Sec. 45-202). Inventory to be filed. Property included in inventory. Appraisal. Time limits. Sale of personal property. Hearing. (a)(1) An inventory of all the property of every deceased person and insolvent debtor, except real property situated outside the state, duly appraised, shall be made and signed under penalty of false statement by the fiduciary.

      (2) When any personal property of a deceased person or insolvent debtor is outside of this state the court may receive an inventory of such property, accompanied by such evidence of its value as it deems sufficient and signed under penalty of false statement by the fiduciary.

      (3) The inventory and appraisal of the estate of any deceased nonresident shall include only such interest as the decedent had at the time of his or her death in the real property and tangible personal property situated in this state and intangible personal property, provided intangible personal property shall not be included if the proceeding in this state with regard to such estate is ancillary to a proceeding in another jurisdiction.

      (4) The fiduciary shall appraise or cause to be appraised such inventoried property at its fair market value.

      (b) (1) The fiduciary shall file the inventory in the court of probate having jurisdiction of the estate of the deceased person or insolvent debtor within two months after the acceptance of the bond or other qualification of the fiduciary.

      (2) The court may, for cause shown, extend the time for the filing of such inventory to not more than four months from the qualification of the fiduciary.

      (c) If the court grants administration of a decedent's estate to a person other than (1) the person designated in the will as executor or successor to such executor, (2) the surviving spouse, (3) any child of the decedent or any guardian of such child as the court shall determine, (4) any grandchild of the decedent or any guardian of such grandchild as the court shall determine, (5) the decedent's parents, (6) any brother or sister of the decedent, or (7) the next of kin entitled to share in the estate, the fiduciary appointed by the court shall file an inventory as required by this section prior to the sale, either under a power in the will or under the laws of this state, of any property other than real estate; except that if the fiduciary appointed is a state bank and trust company or national banking association authorized to do business in this state, such fiduciary shall not be required to file such an inventory of intangible personal property prior to sale. The fiduciary shall send a copy of such inventory to each person interested in the estate and shall notify each such person by regular mail, that a sale of certain items in the inventory is contemplated. Such notice shall inform the recipient that he or she may object to such sale by filing a notice of objection in writing with the court of probate having jurisdiction of the estate of the decedent within five days after receipt of such notice of sale. Upon receipt of such notice of objection, the court shall set a time and place for a hearing, with notice to all persons interested in the estate.

      (d) Notwithstanding the provisions of subsection (c) of this section, upon application by the fiduciary, the court may order a sale of personal property without a hearing prior to the filing of an inventory and notice of sale, provided the court finds that an expeditious sale is necessary for the protection of the estate and a delay would cause irreparable harm to the estate.

      (e) The fiduciary shall file an inventory containing a legal description of any real estate of the decedent prior to a sale pursuant to sections 45a-162 to 45a-169, inclusive, and sections 45a-427 and 45a-428.

      (1949, Rev., S. 6987; 1953, S. 2932d; 1967, P.A. 558, S. 47; 1971, P.A. 863, S. 13; P.A. 77-614, S. 139, 610; P.A. 78-167, S. 3, 4, 7; P.A. 80-476, S. 256; P.A. 82-2, S. 3; P.A. 83-23; 83-520, S. 7; P.A. 95-316, S. 3; P.A. 99-84, S. 20; P.A. 01-127, S. 1.)

      History: 1967 act deleted references to section numbers of 1949 revision of general statutes, required that all property shall be appraised at fair market value, replacing provisions which had required appraisal by two or more disinterested persons appointed by court and that cash and deposits be entered in inventory, added provisions requiring appraisal by one or more disinterested persons appointed by court of items whose value parties cannot agree upon, specifying that such appraisal supersedes previous appraisal and detailing procedure for filing appraisal and notifying tax commissioner who may then file objection and deleted provision whereby costs of proceedings on objections are taxed in favor of prevailing party; 1971 act deleted detailed provisions re appraisal procedure and notice requirements, deleted requirement that copy of objection be sent to executor, administrator and/or tax commissioner, dependent upon who files objection, deleted requirement that tax commissioner be sent a copy of application for administrator or probate of will and copy of will, added references to tax returns and taxability and deleted provision which stated that value of estate as set forth in the accepted inventory is basis for computing succession or inheritance tax, effective January 1, 1972, and applicable to estates of persons dying on and after that date (all estates of persons dying before that date are subject to applicable succession or inheritance tax laws previously in effect and such laws are continued in force for that purpose); P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 78-167 specified that property discovered after court ruling must be valued at more than five hundred $500 to affect ruling that estate is not subject to succession or inheritance tax; P.A. 80-476 rephrased and rearranged provisions and deleted provisions re procedure on objections, re court ruling that estate is not subject to tax and re court's power to correct error or mistake in certificate, but see Sec. 45-203a; P.A. 82-2 added Subsecs. (c) to (f) providing procedure for sale of personal property by certain fiduciaries, requiring the filing of a legal description of real estate prior to sale and requiring the filing of a return of sale after sale of real estate or personal property of the decedent; P.A. 83-23 deleted the words "or trustee" in Subsec. (a)(1) and amended Subsec. (c) by providing that a state bank and trust company or national banking association authorized to do business in this state appointed as a fiduciary is not required to file an inventory of intangible personal property prior to sale; P.A. 83-520 amended Subsec. (a)(3) by adding proviso that intangible personal property shall not be included in inventory and appraisal of the estate of a deceased nonresident if the proceeding in this state is ancillary to a proceeding in another jurisdiction; Sec. 45-202 transferred to Sec. 45a-341 in 1991; P.A. 95-316 amended Subsec. (c) to change notice by certified mail to notice by regular mail; P.A. 99-84 amended Subsec. (a) by deleting "sworn to" and inserting "signed under penalty of false statement"; P.A. 01-127 made technical changes in Subsecs. (c) and (d) and eliminated Subsec. (f) re filing of return of sale with court.

      Annotations to former section 45-202:

      Inventory not to be rejected because it contains property, title to which is disputed. K. 103. Suit may be maintained on bond for fraudulent inventory. 1 D. 15. Inventory necessary on which to base order of sale. Id., 312. Duty of administrator to inventory estate fraudulently conveyed by decedent. 3 C. 294; 11 C. 287; 52 C. 439; 60 C. 480. Condition of bond broken by failure to return inventory within time stipulated. 5 C. 383. Omission to file inventory evidence that estate is sufficient to pay all legacies. 7 C. 138. Administrator not liable for failure to inventory fraudulently assigned estate when he has no knowledge of fraud. 8 C. 108. Court of probate may correct errors in inventories and receive new ones. 9 C. 197. Assignment in trust to creditor, how inventoried. Id., 473. Real estate as well as personal to be inventoried. 12 C. 35. Foreign judgment need not be inventoried here. 19 C. 248. General practice not to inventory open and unsettled accounts. 21 C. 243. Omission of trustee of assigned estate to inventory assets of debtor is not conclusive that assignment is fraudulent. 26 C. 426. Full value of property withheld from inventory, correct rule of damages. 32 C. 330. Additional inventory should be made on finding more property. Id., 558. Cited. 66 C. 508. Nature and purpose of inventory. 67 C. 455; 77 C. 655. Application to nonresident decedents. 76 C. 617. Application to property of resident decedent located outside the state; right of court to require additional inventory. 77 C. 644; Id., 657. Law formerly did not require choses in action to be inventoried; effect of collecting them. 80 C. 620. Burden of proof and evidence on application for correction of inventory to include omitted property. 84 C. 659. Duty to inventory property fraudulently conveyed or where deed is not recorded. 85 C. 698. Rule of valuation. 91 C. 532. Cited. 110 C. 46. History of this section. 126 C. 139. Valuation should be made as of date of death. Id., 144. The liability of a debtor could be in no way affected by the inventorying of or the failure to inventory a chose in action. 138 C. 376. Cited. 169 C. 218.

      Cited. 20 CS 262.

      Annotations to present section:

      Subsec. (a):

      Cited. 239 C. 553.

      Sec. 45a-342. (Formerly Sec. 45-203). Penalty for not filing inventory. If any fiduciary fails to file in the court of probate having jurisdiction of the estate of a deceased person an inventory and appraisal as required, within the time limited, the court may cite such fiduciary to appear at a time and place therein stated and show cause why he should not be removed. Unless sufficient cause is shown and an inventory and appraisal is forthwith filed, the court shall remove such fiduciary and appoint a successor to complete the administration of such estate.

      (1949 Rev., S. 6988; P.A. 80-476, S. 257.)

      History: P.A. 80-476 rephrased provisions; Sec. 45-203 transferred to Sec. 45a-342 in 1991.

      Annotations to former section 45-203:

      Remedy given by this section not exclusive. 60 C. 482. What constitutes excuse by court. 76 C. 555. Provision for penalty may be repealed to affect pending actions. 78 C. 423. Cited. 138 C. 376. Cited. 202 C. 57.

      Sec. 45a-343. (Formerly Sec. 45-203a). Objections to inventory or appraisal. Notice and hearing. (a) Any interested party may file with the probate court having jurisdiction a written objection to the inventory or appraisal, which shall set forth the basis of the objection. Such objection may be filed at any time between the filing of the inventory and the hearing on the fiduciary's final account.

      (b) Upon the filing of the objections, the court shall order a hearing on the acceptance of the inventory and appraisal to be had within sixty days and not less than fifteen days after the filing of the objections. The court shall cause notice of the time and place of the hearing to be forthwith given to the fiduciary of the estate and to each party in interest.

      (c) The court, upon such hearing, shall hear the objections and may order the fiduciary to amend the inventory or appraisal in any way that it finds proper, and may accept the same as amended.

      (P.A. 80-476, S. 258; P.A. 85-193, S. 2; P.A. 98-219, S. 26.)

      History: P.A. 85-193 deleted Subsec. (d) which had permitted acceptance of inventory and appraisal if no objection was filed; Sec. 45-203a transferred to Sec. 45a-343 in 1991; P.A. 98-219 replaced former Subsec. (a) with provision re written objection by any interested party to inventory or appraisal, filed at any time between filing of inventory and hearing on final account.

      Sec. 45a-344. (Formerly Sec. 45-203b). Notice to Commissioner of Revenue Services if estate not subject to succession or inheritance tax. Section 45a-344 is repealed, effective January 1, 1998.

      (P.A. 80-476, S. 259; June 18 Sp. Sess. P.A. 97-3, S. 7, 8.)

      Sec. 45a-345. (Formerly Sec. 45-202b). Waiving of inventory filing requirement and filing with Commissioner of Revenue Services. Any judge of probate is authorized to waive the requirements of sections 45a-341 and 45a-343 for estates coming within the provisions of sections 4a-15 and 4a-16.

      (1969, P.A. 453, S. 5; P.A. 80-476, S. 260; June 18 Sp. Sess. P.A. 97-3, S. 6, 8.)

      History: P.A. 80-476 replaced references to Secs. 4-68g and 17-83b with references to Secs. 45-203a, 45-203b and 4-68h; Sec. 45-202b transferred to Sec. 45a-345 in 1991; June 18 Sp. Sess. P.A. 97-3 deleted reference to Sec. 45a-344, effective January 1, 1998.

      Sec. 45a-346. (Formerly Sec. 45-202a). Appointment of court-appointed appraisers prohibited. There shall be no court-appointed appraisers of any decedent's property.

      (1967, P.A. 558, S. 46; P.A. 80-476, S. 261.)

      History: P.A. 80-476 substituted "property" for "estate" and deleted exception re provisions of Sec. 45-202; Sec. 45-202a transferred to Sec. 45a-346 in 1991.

      Sec. 45a-347. (Formerly Sec. 45-203c). Beneficiary designation exempt from laws governing transfer by will. The designation in accordance with the terms of (1) an insurance, annuity or endowment contract, or of any agreement issued or entered into by an insurance company in connection therewith, supplemental thereto or in settlement thereof, or (2) any thrift plan, savings plan, pension plan, profit-sharing plan, death benefit plan, stock bonus plan, employee stock ownership plan, retirement plan including a self-employed retirement plan, qualified cash or deferred arrangement which is part of a profit-sharing plan or stock bonus plan, individual retirement account, annuity or bond or simplified employee pension plan, of any person to be a beneficiary or owner of any right, title or interest thereunder upon the death of another, shall not be subject to any statute or law governing the transfer of property by will, even though such designation is revocable by the person who made it, or the rights of such beneficiary or owner are otherwise subject to defeasance.

      (1955, S. 2931d; P.A. 80-476, S. 262; P.A. 89-202, S. 7.)

      History: P.A. 80-476 deleted provisions specifying that provisions apply to designations made before or after July 8, 1955, by persons dying on or after that date; Sec. 45-194 transferred to Sec. 45-203c in 1981; P.A. 89-202 divided section into Subsecs., adding references to thrift plan, savings plan, employee stock ownership plan, retirement plan, including a self-employed retirement plan, qualified cash or deferred arrangement which is part of a profit-sharing plan or stock bonus plan, individual retirement account, annuity or bond or simplified employee pension plan; Sec. 45-203c transferred to Sec. 45a-347 in 1991.

      Secs. 45a-348 to 45a-352. Reserved for future use.

PART VII*
CLAIMS AGAINST DECEDENTS' ESTATES
FOR DECEDENTS DYING ON OR AFTER OCTOBER 1, 1987

      Sec. 45a-353. (Formerly Sec. 45-230b). Definitions. For the purposes of sections 45a-266, 45a-353 to 45a-384, inclusive, 45a-390 and 45a-436, the following terms shall have the following meanings, unless otherwise specifically provided:

      (a) "Fiduciary" means an ancillary or domiciliary executor, administrator, administrator c.t.a., administrator d.b.n., administrator c.t.a.d.b.n. and temporary administrator of the estate of a decedent;

      (b) "Assets" means all property and property interests, whether real or personal, tangible or intangible, corporeal or incorporeal, and choate or inchoate, of a decedent at the time of his death or of the estate of a decedent;

      (c) "Beneficiary" means any person entitled to legal title to any assets (1) under the statutes governing descent and distribution, (2) under the provisions of a will or codicil, (3) by virtue of a right of election, (4) in settlement of a will contest, or (5) by mutual distribution; but shall not include the recipient of assets pursuant to a widow's allowance or family allowance paid by order of the Court of Probate;

      (d) "Claim" means all claims against a decedent (1) existing at the time of the decedent's death or (2) arising after the decedent's death, including, but not limited to, claims which are mature, unmatured, liquidated, unliquidated, contingent, founded in tort, or in the nature of exoneration, specific performance or replevin;

      (e) "Creditor" means any person having a claim;

      (f) "Demonstrative disposition" means a testamentary disposition to be taken out of specified or identified property;

      (g) "Distributee" means a person who receives assets under the statutes governing descent and distribution;

      (h) "First fiduciary" means the fiduciary first appointed by the court of probate to administer the estate of a decedent;

      (i) "General disposition" means a testamentary disposition not amounting to a demonstrative, residuary or specific disposition;

      (j) "Newspaper notice" means notice published in a newspaper having a substantial general circulation in the probate district in which an estate is in settlement;

      (k) "Notice" means a written instrument containing the required information sent to the person to whom the notice is to be given by certified mail or registered mail and the date on which such notice shall be deemed given shall be the date of mailing; provided in the case of notice required to be given by a court of probate, the term "notice" shall include such forms of notification in addition to certified or registered mail as the Court of Probate shall in its discretion direct;

      (l) "Person" means a natural person, association, board, corporation, limited liability company, partnership or other firm or entity;

      (m) "Specific disposition" means a testamentary disposition of a specified or identified item;

      (n) "Testamentary disposition" means a disposition of assets by will.

      (P.A. 87-384, S. 1; P.A. 95-79, S. 166, 189.)

      History: Sec. 45-230b transferred to Sec. 45a-353 in 1991; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.

      See Sec. 36a-292 re claims against surviving joint bank account owners.

      Sec. 45a-354. (Formerly Sec. 45-230c). Notice to creditors. (a) The Court of Probate shall cause newspaper notice to be published at least once notifying all persons having claims to present their claims to the fiduciary. Newspaper notice shall be made within fourteen days after the appointment of the first fiduciary. Such notice shall 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.

      (b) In the event of a failure of publication of such notice, a defective publication of such notice, or the death, resignation or removal of the fiduciary, the Court of Probate may, in its discretion, order such supplemental publication of notice as it shall determine.

      (P.A. 87-384, S. 2.)

      History: Sec. 45-230c transferred to Sec. 45a-354 in 1991.

      Sec. 45a-355. (Formerly Sec. 45-230d). Notification to Departments of Administrative Services and Veterans' Affairs. The application for admission of a decedent's will to probate or for administration of a decedent's estate shall state whether the decedent, or the spouse or children of the decedent received aid or care from the state, including aid or care from the former Veterans' Home and Hospital Commission or the Department of Veterans' Affairs. A copy of any application which states that the decedent, or the spouse or children of the decedent did receive such aid or care shall be sent by certified mail, return receipt requested, by the Court of Probate to the Department of Administrative Services or the Department of Veterans' Affairs, or both, as the case may be, and if the Department of Administrative Services or the Department of Veterans' Affairs fails to present its claim to the fiduciary within ninety days from the date of mailing of such notification or the date of the appointment of the fiduciary, whichever is later, the Department of Administrative Services or the Department of Veterans' Affairs, as the case may be, shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the state.

      (P.A. 87-384, S. 3; P.A. 93-435, S. 15, 95.)

      History: Sec. 45-230d transferred to Sec. 45a-355 in 1991; P.A. 93-435 replaced reference to "veterans' home and hospital commission" with reference to "department of veterans' affairs", effective June 28, 1993.

      Sec. 45a-356. (Formerly Sec. 45-230e). Effect of failure to present claim; exoneration of fiduciary. (a) If any claim is not presented on or before the day which is one hundred fifty days from the date of the appointment of the first fiduciary, no fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed in good faith in satisfaction of any lawful claims, expenses or taxes or to any beneficiary before such claim was presented. A payment or distribution of assets by a fiduciary shall be deemed to have been made in good faith unless the creditor can prove that the fiduciary had actual knowledge of such claim at the time of such payment or distribution. Such one-hundred-fifty-day period shall not be interrupted or affected by (1) failure of publication or defective publication of the newspaper notice required by section 45a-354 or (2) the death, resignation or removal of a fiduciary, except that the time during which there is no fiduciary in office shall not be counted as part of such period.

      (b) No fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed at any time pursuant to a widow's allowance or family allowance ordered by the Court of Probate.

      (P.A. 87-384, S. 4; P.A. 89-202, S. 1.)

      History: P.A. 89-202 amended Subsec. (a) by reducing time to present claim from 210 to 150 days from date of appointment of fiduciary and deleted requirement that fiduciary notify creditor as requested by beneficiary pursuant to Sec. 45-230f(b); Sec. 45-230e transferred to Sec. 45a-356 in 1991.

      Sec. 45a-357. (Formerly Sec. 45-230f). Optional notice procedures; effect of failure to present claim; discretionary extension of time; exoneration. (a) A fiduciary may at any time give notice to any person such fiduciary has reason to believe may have a claim that, if such person fails to present any such claim to the fiduciary on or before a date specified in such notice which date shall not be less than ninety days from the date of such notice, such person will be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Such notice shall contain the name and address of the fiduciary to whom such claim must be presented. The fiduciary shall not be liable to any creditor, beneficiary or any other person for the decision of the fiduciary to use or refrain from using this optional notice procedure.

      (b) Any creditor notified in accordance with subsection (a) of this section, who fails to present his claim to the fiduciary on or before the date specified in such notice shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Any creditor who presents his claim on or before the date specified in such notice may not increase such claim following the expiration of such period.

      (c) Any creditor who, through no fault of his own, has failed to present his claim within the time set forth in the notice given to said creditor pursuant to subsection (a) of this section may submit an application for an extension of time to file such claim with the Court of Probate within one hundred eighty days from the date of such notice. Upon such application, the Court of Probate may, upon hearing after notice, for cause shown, enter an order extending the time for such creditor to present his claim for a period of not more than thirty days from the date of such order, and no claim so presented shall be barred by the application of subsection (b) of this section; provided no such extension may be granted which would extend the period for presenting such claim beyond the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-375, would otherwise have expired.

      (P.A. 87-384, S. 5; P.A. 89-202, S. 2.)

      History: P.A. 89-202 deleted former Subsec. (b) re notice to creditors by fiduciary as requested by beneficiary, relettered remaining Subsecs. and amended Subsec. (c) by adding prohibition of extension of time for presenting claim beyond statute of limitation of Sec. 45-230x; Sec. 45-230f transferred to Sec. 45a-357 in 1991.

      Sec. 45a-358. (Formerly Sec. 45-230g). Form and verification of claims; presentation. (a) Every claim shall be presented to the fiduciary in writing. In addition, the fiduciary may require the claimant to present proof by affidavit that his claim is justly due, that all payments thereon, if any, have been credited and that he knows of no offsets or evidence of indebtedness and holds no security, except as specifically described in the affidavit.

      (b) Whenever the fiduciary resides outside of the state, claims may be presented to the fiduciary by filing such claims with the judge of probate in the district where such estate is in settlement. The Court of Probate shall promptly forward to the fiduciary a copy of any such claim.

      (c) No creditor shall be entitled to enforce payment of his claim against assets in the hands of a fiduciary in any proceeding in any court unless his claim is presented in accordance with the provisions of this section.

      (d) A claim may be presented to the fiduciary, or filed with the Court of Probate pursuant to subsection (b) of this section, by: (1) Personal delivery to the fiduciary or Court of Probate, as the case may be; or (2) mailing by regular, certified or registered mail, postage prepaid, to the fiduciary or Court of Probate, as the case may be.

      (e) A claim shall be deemed presented on: (1) The date on which the fiduciary actually receives the claim in the event the claim is presented by delivery to the fiduciary personally; (2) the date of mailing in the event the claim is properly mailed to the fiduciary at the fiduciary's address as set forth in the newspaper notice given under section 45a-354, or in the notice given under section 45a-357, or in the records of the Court of Probate; or (3) the date of receipt by the court if the claim is presented in accordance with subsection (b) of this section.

      (P.A. 87-384, S. 6.)

      History: Sec. 45-230g transferred to Sec. 45a-358 in 1991.

      Sec. 45a-359. (Formerly Sec. 45-230h). Unmatured, contingent or unliquidated claims. (a) If, at the death of any person, there shall be an unmatured, contingent or unliquidated claim or an outstanding bond, note, recognizance or undertaking upon which he was principal, surety, or indemnitor and on which at the time of his death the liability was unmatured, contingent or unliquidated, then the Court of Probate shall, on the petition of either (1) a claimant who has duly presented his claim or (2) the fiduciary to whom an unmatured, contingent or unliquidated claim has been duly presented, after notice to such persons as the court shall direct, conduct a hearing to determine whether a reserve from the assets of the estate should be established to secure the payment of the unmatured, contingent or unliquidated claim. Following such hearing the Court of Probate shall issue an order that (A) no reserve be established or (B) the fiduciary establish a reserve from the assets of the estate in such amount as the court may deem reasonable to secure the payment of the unmatured, contingent or unliquidated claim when the amount thereof shall become due and payable; provided in no event shall the amount of such reserve exceed the difference between the amount of any such unmatured, contingent or unliquidated claim and the value of any security or collateral to which the creditor may resort for payment of such claim. In fixing the amount to be reserved for the payment of any such claim the Court of Probate shall determine the value of any security or collateral to which the creditor may resort for payment of such claim. The order of the Court of Probate concerning the establishment of a reserve shall discharge the fiduciary from all personal liability with respect to such unmatured, contingent or unliquidated claim, with the exception of the fiduciary's obligation to maintain any reserve so established.

      (b) Any such reserve shall be retained by the fiduciary for such period or periods as the Court of Probate shall direct for the purpose of being applied to the payment of such claim when matured, fixed and liquidated; except that the Court of Probate shall retain jurisdiction over the reserve and may from time to time issue orders regarding the continuation and management of the reserve, including the power to direct the disposition of income and principal. The fiduciary, in managing the reserve, shall be entitled to reasonable compensation and reimbursement for all expenses, including reasonable attorney's fees, which shall be paid out of the reserve. Such portion of the reserve as is not needed to pay the claim when matured, fixed and liquidated shall be distributed according to law by the fiduciary as directed by the Court of Probate.

      (P.A. 87-384, S. 7.)

      History: Sec. 45-230h transferred to Sec. 45a-359 in 1991.

      Sec. 45a-360. (Formerly Sec. 45-230i). Allowance or rejection of claims. (a) The fiduciary shall: (1) Give notice to a person presenting a claim of the rejection of all or any part of his claim, (2) give notice to any such claimant of the allowance of his claim, or (3) pay the claim.

      (b) A notice rejecting a claim in whole or in part shall state the reasons therefor, but such statement shall not bar the raising of additional defenses to such claim subsequently.

      (c) If the fiduciary fails to reject, allow or pay the claim within ninety days from the date that it was presented to the fiduciary as provided by section 45a-358, the claimant may give notice to the fiduciary to act upon the claim as provided by subsection (a) of this section. If the fiduciary fails to reject, allow or pay the claim within thirty days from the date of such notice, the claim shall be deemed to have been rejected on the expiration of such thirty-day period.

      (P.A. 87-384, S. 8.)

      History: Sec. 45-230i transferred to Sec. 45a-360 in 1991.

      Subsec. (a):

      Cited. 44 CS 477.

      Subsec. (h):

      Cited. 44 CS 477.

      Sec. 45a-361. (Formerly Sec. 45-230j). Return and list of claims. Within sixty days following the expiration of the one-hundred-fifty-day period set forth in subsection (a) of section 45a-356, the fiduciary shall file in the Court of Probate a return and list of claims signed under penalty of false statement by the fiduciary containing (1) a list of all persons notified pursuant to section 45a-357 and (2) a list of all claims presented to the fiduciary within such one-hundred-fifty-day period stating as to each such claim whether and to what extent such claim was allowed or rejected.

      (P.A. 87-384, S. 9; P.A. 90-45, S. 1; P.A. 99-84, S. 21.)

      History: P.A. 90-45 reduced the time period for presenting claims from 210 to 150 days to conform to change made to Sec. 45-230e (now 45a-356) by P.A. 89-202; Sec. 45-230j transferred to Sec. 45a-361 in 1991; P.A. 99-84 deleted "sworn to" and inserted "signed under penalty of false statement".

      Sec. 45a-362. (Formerly Sec. 45-230k). Determination of claims presented if fiduciary dies, resigns or is removed. A successor fiduciary may apply to the court of probate having jurisdiction of such estate to determine (1) any and all claims presented to any predecessor fiduciary, (2) the time of presentation of each such claim, (3) whether optional notice was given by any predecessor fiduciary to any persons pursuant to section 45a-357, and (4) whether and to what extent each such claim was rejected, allowed or paid by any predecessor fiduciary. Upon application by a successor fiduciary, after notice to such persons as the court shall direct, the court shall hear and decide the foregoing matters and the court's decision with regard thereto shall, unless timely appealed, be final and conclusive.

      (P.A. 87-384, S. 10.)

      History: Sec. 45-230k transferred to Sec. 45a-362 in 1991.

      Sec. 45a-363. (Formerly Sec. 45-230l). Suit against estate on rejected claim; time within which to commence suit or file application. (a) No person who has presented a claim shall be entitled to commence suit unless and until such claim has been rejected, in whole or in part, as provided in section 45a-360.

      (b) Unless a person whose claim has been rejected (1) commences suit within one hundred twenty days from the date of the rejection of his claim, in whole or in part, or (2) files a timely application pursuant to section 45a-364, he shall be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate, except for such part as has not been rejected. If such person dies within thirty days from the date of the rejection of his claim and before suit is commenced or an application is filed, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit or to file the application provided for in section 45a-364. If such person dies more than thirty days but within one hundred twenty days from and including the date of the rejection of his claim and before suit is commenced, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit.

      (P.A. 87-384, S. 11.)

      History: Sec. 45-230l transferred to Sec. 45a-363 in 1991.

      Cited. 42 CA 59. Section does not apply to an action where no estate is party to the suit. 61 CA 608.

      Section is purely procedural and purpose is to encourage timely settlement of decedents' estates; an estate's rejection of a party's claim does not create a cause of action on which a plaintiff may proceed in Superior Court, and Subsec. (b) simply limits period of time in which plaintiff may pursue cause of action over which court otherwise has jurisdiction. 122 CA 438.

      Cited. 44 CS 477.

      Sec. 45a-364. (Formerly Sec. 45-230m). Hearing on rejected claims by Probate Court or commissioners; costs. (a) Whenever a claim has been rejected, in whole or in part, as provided in section 45a-360, the person whose claim has been rejected may, within thirty days from and including the date of such rejection, make application to the Court of Probate to hear and decide such claim or, in the alternative, may apply to said court for the appointment of one or more disinterested persons, at least one of whom shall be an attorney-at-law, admitted to practice in this state, to be a commissioner or commissioners to hear and decide such claim. The Court of Probate shall not appoint as a commissioner any officer or employee of the Court of Probate or any person employed by or associated in the practice of law with the judge of said court. The court may, in its discretion, grant the application, hear and decide such claim if the application so requests or appoint such commissioner or commissioners to hear and decide such claim. The court shall notify the applicant and the fiduciary of its action granting or denying the application within fifteen days after receipt of the application.

      (b) Upon application of such commissioner or commissioners or upon its own motion, the Court of Probate shall give notice of the time and place set forth for the hearing to decide such claim to such persons as the court may direct at least ten days before the hearing date.

      (c) If the application to receive and decide such claim by the court or for the appointment of a commissioner or commissioners is denied, the claimant shall commence suit within one hundred twenty days from and including the date of the denial of his application or be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate.

      (d) (1) If the Court of Probate appoints more than one commissioner, it shall appoint an odd number of commissioners and a determination by a majority of such commissioners shall constitute the decision of the commissioners. (2) When any commissioner is unable to complete his duties, the Court of Probate may appoint a successor commissioner or allow the remaining commissioners to complete the duties of the commissioners. (3) The Court of Probate may remove any commissioner for cause and appoint another in his place.

      (e) The determination of such commissioner or commissioners shall be final on the date the report of such commissioner or commissioners is filed in the Court of Probate, and the court shall thereupon enter an order approving the report unless the court finds that the commissioner or commissioners were guilty of misconduct substantially affecting the validity of the report or that the report is clearly erroneous. Upon rejection of the report, the Court of Probate may hear and determine such claim or appoint a different commissioner or commissioners to hear and determine such claim as otherwise provided in this section.

      (f) Such commissioner or commissioners may be allowed such reasonable compensation and expenses as the Court of Probate shall determine, the cost of which may be apportioned between the creditor and the estate as the court shall direct. In the event that the Court of Probate shall receive and decide a claim, costs shall not be assessed other than those permitted by sections 45a-105 and 45a-107.

      (P.A. 87-384, S. 12; P.A. 94-66, S. 2, 3.)

      History: Sec. 45-230m transferred to Sec. 45a-364 in 1991; P.A. 94-66 amended Subsec. (f) to authorize the assessment of costs permitted by Sec. 45a-107, effective July 1, 1994.

      Cited. 42 CA 59.

      Sec. 45a-365. (Formerly Sec. 45-230n). Order of payment of claims, expenses and taxes. Claims, expenses and taxes in the settlement of a decedent's estate shall be entitled to preference and payment in the following order of priority: (1) Funeral expenses; (2) expenses of settling the estate; (3) claims due for the last sickness of the decedent; (4) all lawful taxes and all claims due the state of Connecticut and the United States; (5) all claims due any laborer or mechanic for personal wages for labor performed by such laborer or mechanic for the decedent within three months immediately before the decease of such person; (6) other preferred claims; and (7) all other claims allowed in proportion to their respective amounts.

      (P.A. 87-384, S. 13.)

      History: Sec. 45-230n transferred to Sec. 45a-365 in 1991.

      Repair to property of estate can constitute expense of settling the estate only if it is necessary to conserve the overall value of the estate or ordinary and necessary to preserve the property in question. 64 CA 15.

      Sec. 45a-366. (Formerly Sec. 45-230o). Payment of funeral and last illness expenses of married person. The funeral expenses and expenses of the last illness of a married person shall be paid out of his or her estate, if sufficient therefor. If such estate is not sufficient therefor, such expenses shall be paid by his or her spouse.

      (P.A. 87-384, S. 14.)

      History: Sec. 45-230o transferred to Sec. 45a-366 in 1991.

      Sec. 45a-367. (Formerly Sec. 45-230p). Payment of claims of fiduciary. A fiduciary shall not pay any personal claim of his own until such claim has been approved by the Court of Probate after newspaper notice and hearing, unless the court, for cause shown, waives such notice and hearing. If any such claim is wholly or partly secured, it may be paid out of such security at any time after such approval. The unsecured portion of any such claim and any unsecured claim shall not be paid until after such approval and until after the expiration of the one-hundred-fifty-day period provided for in subsection (a) of section 45a-356.

      (P.A. 87-384, S. 15; P.A. 90-45, S. 2.)

      History: P.A. 90-45 reduced the time period for presenting claims from 210 to 150 days to conform to change made to Sec. 45-230e (now 45a-356) by P.A. 89-202; Sec. 45-230p transferred to Sec. 45a-367 in 1991.

      Sec. 45a-368. (Formerly Sec. 45-230q). Liability of beneficiaries. (a) Subject to the provisions of sections 45a-369 to 45a-375, inclusive, a beneficiary is liable, in an action or actions, to the extent of the fair market value on the date of distribution of any assets received by him as a beneficiary from the estate of a decedent, for the expenses of administering the estate, claims, funeral expenses of the decedent, and all taxes for which the estate is liable, which have not previously been recovered out of assets held by the fiduciary or from any other source described in subsection (b) of this section or in section 45a-409. For purposes of this section, the date of distribution of real estate specifically devised and real estate passing under the laws of descent and distribution shall be the date of the decedent's death.

      (b) No liability may be imposed upon any such beneficiary under subsection (a) of this section, unless the plaintiff establishes satisfactorily to the court that the obligation to him cannot be fully satisfied: (1) Because there are insufficient assets available for such purpose in the hands of the fiduciary; (2) by action against persons prior in liability to the defendant under subsections (a), (b) and (c) of section 45a-369, because such persons are insolvent or for any other reason, other than not being amenable to suit in this state, cannot be made to answer for their liabilities; and (3) by the enforcement, under section 45a-266, of any lien, security interest or other charge he holds against assets of the decedent specifically disposed of by will or passing to a distributee, or against the proceeds of any policy of insurance on the life of the decedent payable to a named beneficiary.

      (P.A. 87-384, S. 16; P.A. 89-202, S. 3.)

      History: P.A. 89-202 amended Subsec. (a) by substituting "45-230" for "45-230e" and in Subsec. (b) substituted "the obligation to him cannot be fully satisfied" for "he cannot fully satisfy his claim"; Sec. 45-230q transferred to Sec. 45a-368 in 1991.

      Sec. 45a-369. (Formerly Sec. 45-230r). Order of liability; preferences. (a) Except as otherwise provided in subsections (c) and (d) of this section, beneficiaries are liable, as provided in section 45a-368, in the following order: (1) Distributees, (2) residuary beneficiaries, (3) beneficiaries of general dispositions, (4) beneficiaries of specific dispositions of personal property, (5) beneficiaries of specific dispositions of real property, and (6) transfer on death beneficiaries.

      (b) For the purposes of subsection (a) of this section: (1) A beneficiary of a demonstrative disposition shall be treated as a beneficiary of a general disposition to the extent the property or fund charged with a demonstrative disposition has adeemed. (2) A beneficiary of a demonstrative disposition shall be treated as a beneficiary of a specific disposition if the property or fund charged with a demonstrative disposition has not adeemed, to the extent of the value of such property or fund.

      (c) A beneficiary who receives assets, which assets are security for the payment of a debt of the decedent, shall be liable for such debt prior to any other beneficiary, in an amount not to exceed the difference between the fair market value of such assets received by him and the amount which such secured creditor shall have realized on the disposition of such security.

      (d) The order of liability provided in subsection (a) of this section shall not apply to the liability for an estate, succession or other death tax under the law of this state or of any other jurisdiction, with respect to any property required to be included in the gross tax estate of a decedent under the provisions of any such law. The apportionment of the United States estate taxes and the estate and succession taxes in this state, and the liability under section 45a-368 of beneficiaries consequent to such apportionment, are governed by the provisions of sections 12-401 and 12-376, respectively, and the apportionment of such taxes assessed by another jurisdiction, and the liability of the beneficiaries under section 45a-368 therefor, shall be governed by the apportionment statutes of such other jurisdiction.

      (e) The express or implied intention of the testator to prefer certain beneficiaries shall be effective to vary the order of liability prescribed by subsection (a) of this section.

      (f) If in an action under section 45a-368, it is established to the satisfaction of the court that: (1) The defendant is liable for the payment of two or more of the obligations described in subsection (a) of said section, preference in the payment of such obligations must be given in the order prescribed by law for payment of the obligations of the decedent and his estate. (2) An unsatisfied obligation described in subsection (a) of said section exists which is legally preferred to that of the plaintiff, the existence of such unsatisfied obligation is a defense to the action if the aggregate value of the assets passing to the defendant does not exceed the defendant's pro rata share, as provided in section 45a-370, of such unsatisfied obligation. If the aggregate value of the assets passing to the defendant exceeds such pro rata share of such unsatisfied obligation, the plaintiff, subject to the provisions of section 45a-370, may recover such excess from the defendant.

      (g) (1) If at any time payment with respect to an obligation described in subsection (a) of section 45a-368 is made by a beneficiary having a lower order of liability than another beneficiary or beneficiaries, or out of assets due such beneficiary having a lower order of liability, then the beneficiary having a lower order of liability shall be entitled to recover the amount so paid from any beneficiary prior in liability to him under subsection (a) of this section who remains liable under sections 45a-266, 45a-353 to 45a-384, inclusive, 45a-390 and 45a-436 without regard to the limitations of sections 45a-370 and 45a-373. (2) If by application of subdivision (1) of subsection (g) of this section any beneficiary has paid more than his ratable obligation, as defined in section 45a-370, such beneficiary shall be entitled to contribution from any beneficiary within the same order of liability without regard to the limitations of sections 45a-370 and 45a-373.

      (P.A. 87-384, S. 17; P.A. 97-42, S. 13.)

      History: Sec. 45-230r transferred to Sec. 45a-369 in 1991; P.A. 97-42 added Subsec. (a)(6) re transfer on death beneficiaries.

      Sec. 45a-370. (Formerly Sec. 45-230s). Maximum liability of beneficiary. Except as otherwise provided in subsections (c) and (g) of section 45a-369, the maximum liability to which a beneficiary is subject under subsection (a) of section 45a-368 is his ratable obligation, in the proportion that the value of the assets passing to him bears to the value of all such assets passing to beneficiaries within the same order of liability as his under subsection (a) of section 45a-369, and no judgment may be had or entered in favor of any plaintiff against any such beneficiary for more than such ratable obligation.

      (P.A. 87-384, S. 18.)

      History: Sec. 45-230s transferred to Sec. 45a-370 in 1991.

      Sec. 45a-371. (Formerly Sec. 45-230t). Liability of beneficiary-fiduciary. (a) As used in this section, "beneficiary-fiduciary" means either (1) a fiduciary as defined in section 45a-353, or (2) a trustee, guardian, conservator, committee, and any other person who, in a fiduciary capacity, has received assets as a beneficiary or as the personal representative of a beneficiary.

      (b) A beneficiary-fiduciary shall not be chargeable for any assets that such beneficiary-fiduciary may have paid or distributed in good faith before a claim is presented to such beneficiary-fiduciary. A payment or distribution of assets by a beneficiary-fiduciary shall be in good faith unless the creditor can prove that the beneficiary-fiduciary had actual knowledge of such claim at the time of such payment or distribution.

      (c) A transferee of assets from a beneficiary-fiduciary who has not furnished adequate and full consideration in money or moneys worth to the beneficiary-fiduciary for such assets shall be liable to the extent of the value of such assets so received in the same manner and to the same extent as if such transferee were the original beneficiary. For the purposes of this subsection, the term "transferee" means the person to whom or for whose benefit the beneficiary-fiduciary has paid or distributed such assets.

      (P.A. 87-384, S. 19.)

      History: Sec. 45-230t transferred to Sec. 45a-371 in 1991.

      Sec. 45a-372. (Formerly Sec. 45-230u). Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution. (a) Except as otherwise provided in subsection (b) of section 45a-357 and section 45a-375, the failure of a plaintiff to present his claim to the fiduciary as prescribed by law shall not impair his right to maintain an action against the beneficiaries under section 45a-368; provided nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff's claim.

      (b) Following final distribution of all assets known to a fiduciary, any suit on an unsatisfied obligation described in subsection (a) of section 45a-368 shall be brought against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have the fiduciary personally surcharged.

      (P.A. 87-384, S. 20; P.A. 89-202, S. 4.)

      History: P.A. 89-202 amended Subsec. (a) by changing reference to Sec. 45-230f(c) to Sec. 45-230f(b); Sec. 45-230u transferred to Sec. 45a-372 in 1991.

      Sec. 45a-373. (Formerly Sec. 45-230v). Action against one or more beneficiaries. An action may be brought against one or more of the beneficiaries under section 45a-368, but no defendant shall be liable, except as otherwise provided in subsections (c) and (g) of section 45a-369, for more than his ratable obligation as described in section 45a-370.

      (P.A. 87-384, S. 21.)

      History: Sec. 45-230v transferred to Sec. 45a-373 in 1991.

      Sec. 45a-374. (Formerly Sec. 45-230w). Title of bona fide purchaser from beneficiary protected. The entry and filing of a judgment recovered against a beneficiary in an action brought under section 45a-368 does not affect the rights of a prior purchaser, in good faith and for valuable consideration, from such beneficiary of any assets which would otherwise be subject to such judgment, unless, in the case of real property, a notice of pendency of such action had been recorded prior to such purchase. When the subsequent purchaser is so protected, the judgment is enforceable against such beneficiary but not in excess of the value of the assets received by him on the date of distribution or his ratable obligation as described in section 45a-370.

      (P.A. 87-384, S. 22.)

      History: Sec. 45-230w transferred to Sec. 45a-374 in 1991.

      Sec. 45a-375. (Formerly Sec. 45-230x). Statutes of limitation; suspension. Maximum periods applicable to claims. After-accruing claims. Claims shall be subject to the following provisions:

      (a) If any person against whom a claim exists dies within thirty days prior to the date the applicable statute of limitations on such claim would otherwise expire, a period of thirty days from the date of the appointment of his fiduciary shall be allowed within which to present such claim.

      (b) The running of any limitation period applicable to the claim of any person, shall, provided such claim was presented to the fiduciary prior to expiration of the applicable period of limitations, be suspended from the time of presentation of such claim until such claim has been rejected, in whole or in part, as provided in section 45a-360, provided upon such rejection, such person may commence suit or file an application as provided in section 45a-363.

      (c) Except as provided in subsections (b) and (d) of this section, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of such estate but within (1) two years from the date of the decedent's death or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357, would otherwise have expired, whichever shall first occur.

      (d) With respect to any claim arising after the death of a decedent, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of the estate but within (1) two years from the date the claim arose or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357, would otherwise have expired, whichever shall first occur.

      (P.A. 87-384, S. 23; P.A. 89-202, S. 5; P.A. 93-189, S. 1.)

      History: P.A. 89-202 amended Subsec. (a)(1) by changing last date for presenting claim from two years from date of appointment of first fiduciary to date of decedent's death; Sec. 45-230x transferred to Sec. 45a-375 in 1991; P.A. 93-189 amended Subsec. (c) by adding reference to Subsec. (b).

      Sec. 45a-376. (Formerly Sec. 45-230dd). Determination of insolvency. The Court of Probate shall cause a notice of the alleged insolvency of an estate, of the right of interested persons to be heard relative to the representation of insolvency, and of the time, date and place of hearing, to be (1) published in a newspaper having a general circulation in the probate district, and (2) given to such interested persons as the court may direct. After hearing, the court shall determine whether such estate shall be declared insolvent and shall send a copy of the decree to all persons in interest.

      (P.A. 87-384, S. 25; P.A. 90-230, S. 62, 101; P.A. 98-52, S. 7.)

      History: P.A. 90-230 made a technical grammatical change; Sec. 45-230dd transferred to Sec. 45a-376 in 1991; P.A. 98-52 deleted provision requiring fiduciary of insolvent estate to give notice and added provision re notice by Probate Court of alleged insolvency, right of interested persons to be heard and time and place of hearing, published in newspaper and given to such persons as court directs.

      Sec. 45a-377. (Formerly Sec. 45-230ee). Determination of insolvency after partial settlement. When, during the settlement of the estate of a deceased person, the fiduciary represents the estate to be insolvent, the Court of Probate shall set a time and place for a hearing on such representation and the court shall proceed in the manner prescribed in section 45a-376.

      (P.A. 87-384, S. 26.)

      History: Sec. 45-230ee transferred to Sec. 45a-377 in 1991.

      Sec. 45a-378. (Formerly Sec. 45-230ff). Notice to creditors. Presentation of claims; effect of failure to present claim. Discretionary extension of time. (a) Within fourteen days after the determination of insolvency, the Court of Probate shall cause newspaper notice to be published at least once notifying all persons having claims to present such claims to the fiduciary. Such notice shall state: (1) The name of the fiduciary and the address at which claims should be presented; (2) that the estate has been found insolvent and any creditor who fails to present his claim on or before the date specified in such notice, which date shall be one hundred fifty days from the date of the determination of insolvency, shall be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor of the estate. In the event of a failure of publication of such notice, a defective publication of such notice, or the death, resignation or removal of the fiduciary, the Court of Probate may, in its sole discretion, order such supplemental publication of notice as it shall determine.

      (b) The fiduciary shall give notice to all creditors of which the fiduciary has actual knowledge that any creditor who fails to present any claim he may have to the fiduciary on or before the date specified in such notice, which date shall be one hundred fifty days from and including the date of the determination of insolvency, shall be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor of the estate. Such notice shall be given no later than thirty days prior to the expiration of such one-hundred-fifty-day period and shall contain the name and address of the fiduciary to whom claims must be presented.

      (c) Any creditor who fails to present his claim to the fiduciary within one hundred fifty days from the date of the determination of insolvency shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor of the estate. Any creditor who presents his claim within such one-hundred-fifty-day period may not increase such claim after the expiration of such period. Such one-hundred-fifty-day period shall begin on the date of the determination of insolvency and shall not be interrupted or affected by any failure of publication or defective publication of the notice required by subsection (a) of this section, or by the death, resignation or removal of a fiduciary, except that the time during which there is no fiduciary in office shall not be counted as part of such period.

      (d) Any creditor who, through no fault of his own, has failed to present his claim within the time set forth in the notices given to said creditor pursuant to subsections (a) and (b) of this section may submit an application for an extension of time to file such claim with the Court of Probate within sixty days after the expiration of the time limited to present claims. Upon such application, the Court of Probate may, upon hearing after notice, for cause shown, enter an order extending the time for such creditor to present his claim for a period of not more than thirty days from and including the date of such order, and no claim so presented shall be barred by the application of subsection (c) of this section.

      (e) Claims shall be presented in the manner set forth in section 45a-358.

      (P.A. 87-384, S. 27; P.A. 90-45, S. 3.)

      History: P.A. 90-45 reduced the time period for presenting claims to the fiduciary from 210 to 150 days from the determination of insolvency; Sec. 45-230ff transferred to Sec. 45a-378 in 1991.

      Sec. 45a-379. (Formerly Sec. 45-230gg). Creditor having secured claim. Determination of value of security. (a) If a creditor presenting a claim to the fiduciary has security for his claim, such creditor shall be entitled to participate in the estate only with respect to the excess of his claim over the fair market value of the security unless such creditor files in the Court of Probate a written election to relinquish such security.

      (b) The fiduciary shall determine the fair market value of any security held by a creditor submitting a claim and shall give such creditor and the Court of Probate notice of the value and how such value was determined. Such creditor may, within thirty days from the date of such notice, file in the Court of Probate an objection to the fiduciary's valuation, and the court of probate shall, within thirty days from and including the date on which such objection was received by the Court of Probate, hold a hearing, after notice, on such valuation and shall enter an order establishing the value of such security.

      (P.A. 87-384, S. 28.)

      History: Sec. 45-230gg transferred to Sec. 45a-379 in 1991.

      Sec. 45a-380. (Formerly Sec. 45-230hh). Fiduciary's report. Notice to creditors. Hearing. Appeal. (a) As soon as practicable after the expiration of the one-hundred-fifty-day period for presentation of claims, the fiduciary shall file a report in the Court of Probate (1) listing all claims presented; (2) specifying with respect to each claim whether such claim was allowed or rejected, in whole or in part; and (3) listing the names and addresses of all creditors given notice in accordance with section 45a-378.

      (b) Within thirty days after the filing of the fiduciary's report, the Court of Probate shall hold a hearing on the acceptance of said report and shall give notice of the hearing to each creditor who presented a claim to the fiduciary. Following such hearing, the court shall accept, accept with modifications or reject such report, and shall order distribution of the assets or moneys as it shall find payable in accordance with section 45a-365. Any creditor aggrieved by the order of the Court of Probate may either (1) appeal from the order of distribution in accordance with sections 45a-186 to 45a-193, inclusive, or (2) proceed in accordance with section 45a-364.

      (c) In the event of an appeal or a proceeding under section 45a-364, the order of distribution shall be stayed pending resolution of such appeal or proceeding; provided the court may, if it deems appropriate, order the fiduciary to set aside assets sufficient to assure pro rata payment of any creditor who has appealed or who has proceeded under section 45a-364, and to distribute the remaining assets in accordance with the order of distribution.

      (P.A. 87-384, S. 29; P.A. 90-45, S. 4.)

      History: P.A. 90-45 amended Subsec. (a) to reduce the time period for presentation of claims from 210 to 150 days; Sec. 45-230hh transferred to Sec. 45a-380 in 1991.

      Sec. 45a-381. (Formerly Sec. 45-230ii). Estate found solvent after finding of insolvency. When any estate of a deceased person in settlement as an insolvent estate proves to be solvent, the Court of Probate, after notice and hearing, shall order the estate settled in accordance with sections 45a-353 to 45a-375, inclusive; provided (1) no further newspaper notice shall be required and (2) any notifications to creditors given under subsection (b) of section 45a-378 shall be the equivalent and have the same legal effect as a notice under section 45a-357, except that the time for presentation shall remain as the date stated in the notice under subsection (b) of section 45a-378, and any other time periods in section 45a-357 shall be adjusted accordingly.

      (P.A. 87-384, S. 30.)

      History: Sec. 45-230ii transferred to Sec. 45a-381 in 1991.

      Sec. 45a-382. (Formerly Sec. 45-230jj). Suits against insolvent estate prohibited; pending suits. Except as provided by section 45a-380, no suit shall be brought against the fiduciary of an estate in course of settlement as insolvent. If judgment has been rendered against such fiduciary before the commencement of its settlement as an insolvent estate, execution shall not issue, but the creditor may present his judgment to the fiduciary and receive his proportionate share of the estate with the other creditors. If judgment has not been rendered, any pending suit shall abate and the creditor shall submit his claim to the fiduciary and may request that costs incurred in connection with the suit up to the date of abatement be added to the claim.

      (P.A. 87-384, S. 31.)

      History: Sec. 4-230jj transferred to Sec. 45a-382 in 1991.

      Sec. 45a-383. (Formerly Sec. 45-230kk). Settlement of estate without claims procedures. When it appears to the Court of Probate that the assets of the estate of any deceased person in settlement before the court, exclusive of the articles which may be legally set out to the surviving spouse and the allowance for support of such spouse and that of the family of the deceased, will not be more than sufficient to pay the funeral expenses, the expenses of settling the estate, the expenses of the last sickness and the lawful taxes and claims due the state of Connecticut and the United States, the court may, after notice and hearing, ascertain the amount of such funeral and other expenses and of such taxes and preferred claims, and order that the settlement of the estate be completed without following the procedures otherwise required by sections 45a-376 to 45a-382, inclusive.

      (P.A. 87-384, S. 32.)

      History: Sec. 45-230kk transferred to Sec. 45a-383 in 1991.

      See Sec. 36a-292 re liability of surviving joint bank account owners.

      Sec. 45a-384. (Formerly Sec. 45-230a). Applicability. The provisions of sections 45a-266 and 45a-353 to 45a-383, inclusive, shall apply to decedents dying on or after October 1, 1987.

      (P.A. 87-384, S. 35; P.A. 90-230, S. 61, 101.)

      History: P.A. 90-230 corrected an internal reference; Sec. 45-230a transferred to Sec. 45a-384 in 1991.

      Secs. 45a-385 to 45a-389. Reserved for future use.

PART VIII*
CLAIMS AGAINST DECEDENTS' ESTATES
FOR DECEDENTS DYING PRIOR TO OCTOBER 1, 1987

      Sec. 45a-390. (Formerly Sec. 45-204a). "Fiduciary" defined. Applicability of chapter. (a) As used in sections 45a-390 to 45a-419, inclusive, and section 45a-471, "fiduciary" includes the executor or an administrator of a decedent's estate.

      (b) The provisions of said sections shall apply with respect to decedents dying before October 1, 1987.

      (P.A. 80-476, S. 263; P.A. 87-384, S. 34.)

      History: P.A. 87-384 added Subsec. (b) re applicability of chapters 787a, 788, 789 and 790 to decedents dying before October 1, 1987; Sec. 45-204a transferred to Sec. 45a-390 in 1991.

      Sec. 45a-391. (Formerly Sec. 45-204b). Claims to be in writing and sworn to if required. All claims presented against the estate of any deceased person shall be in writing, and, if required by the fiduciary of the estate or by the Court of Probate, any such claim shall be sworn to by the party presenting it.

      (1949 Rev., S. 6991; P.A. 80-476, S. 264.)

      History: P.A. 80-476 substituted "fiduciary" for "administrator or executor" and "the" for "such" estate; Sec. 45-206 transferred to Sec. 45-204b in 1981; Sec. 45-204b transferred to Sec. 45a-391 in 1991.

      Annotations to former section 45-206:

      Necessity of alleging presentation of claim within time limited. 98 C. 209. Written statement of claim need not necessarily measure up to strict standards of pleading in an action at law. 124 C. 48. Cited. 134 C. 538. Presentation of claim is neither formal nor technical proceeding. 170 C. 212.

      Cited. 11 CS 67; 15 CS 432.

      Sec. 45a-392. (Formerly Sec. 45-204c). Order of payment of claims. On the final settlement of the estate, the Court of Probate shall direct the payment of claims against the estate to be made in the following order: First, the funeral expenses and the expenses of settling the estate; second, debts due for the last sickness of the deceased; third, all lawful taxes and all debts due the state and the United States; fourth, all debts due any laborer or mechanic for personal wages for labor performed by such laborer or mechanic for the deceased within three months immediately before the decease of such person; fifth, other preferred claims; and last, all other debts allowed in proportion to their respective amounts.

      (1949 Rev., S. 7014; P.A. 80-476, S. 265.)

      History: P.A. 80-476 made minor language changes; Sec. 45-229 transferred to Sec. 45-204c in 1981; Sec. 45-204c transferred to Sec. 45a-392 in 1991.

      Annotations to former section 45-229:

      Act of commissioners in allowance of claims is sole rule by which judge can order payment. 10 C. 238. Court of probate in ordering dividend takes claims as found by commissioners without interest. 21 C. 41. When claims allowed by commissioners are subsequently paid, court of probate must order dividend only on those remaining unpaid. 23 C. 122. Court has power to make equitable preferences between different classes of general creditors. 27 C. 241. Erection of tombstones part of "funeral expenses". 30 C. 209. Claims for expenses of last illness are equal in degree. Id., 335; 31 C. 280. Where creditor holds note as security, his dividend is limited to actual debt. 74 C. 247. Penalty tax falls in third class. 96 C. 369. Cited. 115 C. 402; 135 C. 98; 153 C. 362.

      In absence of statutory authority, taxes are not entitled to a preference. 4 CS 45. Cited. Id., 239. Same priority for taxes allowed in receivership. 5 CS 78.

      Annotation to former section 45-204c:

      Cited. 40 CS 484.

      Sec. 45a-393. (Formerly Sec. 45-204d). Payment of funeral and last illness expenses of married person. The funeral expenses and expenses of the last illness of a married person shall be paid out of his or her estate, if sufficient therefor. If such estate is not sufficient therefor, such expenses shall be paid by his or her spouse.

      (1949 Rev., S. 7047; 1953, S. 2944d; P.A. 77-288, S. 2; P.A. 80-476, S. 266.)

      History: P.A. 77-288 applied provisions to expenses of last illness; P.A. 80-476 restated section; Sec. 46-11 transferred to Sec. 45-252a in 1979; Sec. 45-252a transferred to Sec. 45-204d in 1981; Sec. 45-204d transferred to Sec. 45a-393 in 1991.

      Annotations to former section 45-252a:

      Prior to 1895 different rule prevailed. 52 C. 426. To recover under this statute against husband, creditor must show insufficiency of wife's estate. 104 C. 523 ff. Cited. 153 C. 363.

      Cited. 4 CS 144. Husband responsible for wife's funeral and child cannot be made to pay for it. 14 CS 275. In absence of divorce, husband has primary obligation of paying for wife's burial and person advancing money for such purpose can recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may attack its validity. 23 CS 306.

      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. (a) The application for admission of a decedent's will to probate or for administration of a decedent's estate shall state that the decedent, or spouse or children of 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. A copy of each application which states that the decedent, or spouse or children of the decedent did receive such aid or care shall be sent by the court to the Department of Administrative Services or the Department of Veterans' Affairs, or both, as the case may be.

      (b) In any such case the period for limitation of claims shall not begin to run against the state until such copy has been so sent, or, in the case of a deceased recipient, or a deceased spouse or parent of a recipient of such aid or care whose application alleged he was not such a recipient or the spouse or parent of such a recipient, until the application has been corrected to state his receipt of aid or care and a copy of the corrected application has been forwarded to the Department of Administrative Services or Department of Veterans' Affairs by the court.

      (1969, P.A. 649; 1971, P.A. 210, S. 1; P.A. 76-1, S. 1, 2; P.A. 77-614, S. 132, 610; P.A. 80-476, S. 267; P.A. 84-455, S. 3; P.A. 88-285, S. 31, 35.)

      History: 1971 act rephrased existing provisions and added provision re correction of application where deceased recipient of aid was not declared as such in original application; P.A. 76-1 specified that aid from state includes aid or care from veterans' home and hospital commission; P.A. 77-614 replaced central collections division of department of finance and control with commissioner of administrative services; P.A. 80-476 divided section into Subsecs. and restated provisions but made no substantive change; Sec. 45-196a transferred to Sec. 45-204e in 1981; P.A. 84-455 amended section to apply to receipt of aid or care by decedent's spouse or children; P.A. 88-285 replaced veterans' home and hospital commission with department of veterans' affairs; Sec. 45-204e transferred to Sec. 45a-394 in 1991.

      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. (a) The Court of Probate may order the citation of the creditors of the deceased whose estate is in settlement before it to bring in their claims against such estate within such time, not more than twelve months or less than three months, from the date of such order, as it limits, 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.

      (b) If any creditor fails to exhibit his claim to the fiduciary or his attorney as directed in such order, within the time limited by such order, he shall be barred of his demand against such estate; but, when a right of action accrues after the time limited for the presentation of claims, it shall be exhibited within four months after such right of action accrues and shall be paid out of the estate remaining after the payment of the debts exhibited within the time limited.

      (c) The court may, for cause shown upon hearing after public notice, limit a further time for the presentation of claims not exceeding the period which it might have originally limited. The court may, if any creditor, through no default of his own, has failed to present his claim within the time limited, for cause shown upon hearing after public notice, extend the time for such creditor to present his claim not more than thirty days beyond the period which it might have originally limited.

      (d) Failure of a clerk of the Court of Probate to cause proper notice limiting the time for presentation of claims against such estates to be published as required by the probate order within ten days from the issuance of such order by the Court of Probate shall be deemed a noncompliance with such order and shall be cause for a further order of limitation to creditors.

      (e) The amount of a claim may not be increased after the time for the presentation of such claim has expired.

      (f) A notice of claim shall not be required under this section of any claim founded in tort or of any claim on which an action is pending in any court against the decedent at the time of his death.

      (g) If any person against whom a claim founded in tort exists dies on the day the applicable statute of limitation expires or within thirty days prior to such day, a period of thirty days from the appointment of his executor or administrator shall be allowed within which to commence suit.

      (1949 Rev., S. 6990; 1963, P.A. 217; February, 1965, P.A. 287; 1967, P.A. 558, S. 49; P.A. 77-26; P.A. 80-476, S. 268; P.A. 07-217, S. 163.)

      History: 1963 act specified that amount of claim may not be increased after time for presentation of claim has expired; 1965 act specified that notice of claim is not required for claims on which court action was pending against decedent at time of his death; 1967 act imposed three months rather than six months as opening time for bringing claims against estate, applied notice of claim provision added in 1965 to claims "founded in tort" and added provision allowing 30-day period for commencement of suit where person against whom claim founded in tort exists dies on day statute of limitation expires; P.A. 77-26 clarified provisions, specifying that creditor must exhibit claim "to the fiduciary or his attorney ...", etc., required that clerk of probate court rather than executor or administrator be responsible for notice publication or posting and reduced deadline for notice from 30 to 10 days after order issued; P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-205 transferred to Sec. 45a-395 in 1991; P.A. 07-217 made a technical change in Subsec. (a), effective July 12, 2007.

      See Sec. 3-53 re exhibition and notice of claims against estates.

      Annotations to former section 45-205:

      An existing debt the amount of which cannot be ascertained is not barred if not presented within time limited, but may be recovered afterwards if administrator has estate in his hands. K. 36; 6 C. 264. Failure of collector to pay taxes in time provided by bond a breach of condition by which right of action at once accrued and claim should have been presented against estate of surety within time limited. K. 315. Claim for contribution on joint debt must be presented. K. 424. Conditional claim barred unless exhibited. 2 R. 143; 10 C. 67. Failure to exhibit claim absolute bar. 2 R. 189. Claim accruing against estate of partner because of insolvency of other partner not barred. 4 D. 480. No objection that claim has been exhibited too soon. 10 C. 67; 49 C. 274. Time limited to be computed from date of order. 11 C. 298. How creditor of solvent estate should prosecute his claim. 13 C. 505. In computing time, day of order should be excluded. 19 C. 381. Presentation to one executor or administrator as effectual as if to all. 20 C. 400. Claim for trust funds need not be presented. 31 C. 260; 67 C. 443. This section simply limits preexisting right. 27 C. 260. Claim against sheriff for default of deputy presentable against his estate. 33 C. 115. Note of decedent "accrues" to payee who has negotiated same when the payee pays the same and may be presented within twelve months thereafter. 40 C. 168. Claims ought to be presented in writing. 44 C. 455; but see 56 C. 251. Method of collecting claim accruing after limitation. 45 C. 604. Cited. 48 C. 384; 63 C. 307; 70 C. 515. When claim "accrues". 50 C. 227; 66 C. 63. No provision for suspension of time during disability of claimant. 59 C. 161. Where no administrator, limitation does not begin to run until one is appointed. 61 C. 450. Complaint failing to allege presentation is defective. 63 C. 546; see 98 C. 209. Claim barred after six years, though court never made order limiting time for presentation. 75 C. 408. What presentation sufficient. 19 C. 584; 47 C. 442; 76 C. 144; 78 C. 313; 80 C. 21; 81 C. 264; 111 C. 653. Failure to present prevents further claim but does not destroy indebtedness. 78 C. 483. Debt secured by mortgage is payable from personality and presentation may not be necessary. 68 C. 198; 74 C. 96; Id., 459; 78 C. 481; 79 C. 364. Right of administrator to waive presentation, quaere. 73 C. 399. Mistake as to signature of note presented of no consequence. 80 C. 414. Action to recover trust property brought 30 years after trustee's death. 83 C. 75. Letters of administrator cannot waive bar. 84 C. 54. Liability of estate on guaranty made by deceased. 67 C. 147. No presentation necessary in case of express trust. Id., 443; 69 C. 257. Claim must be based on obligation assumed by, or cast by law upon, deceased. 72 C. 167. Claim for stockholder's liability on unpaid subscription. 78 C. 595. Effect of failure of claimant to disclose security he holds. 88 C. 536. Claim of wife for property taken by husband and used as his own. 90 C. 231. Claim by relative to be closely scrutinized. 79 C. 644; 80 C. 19; 82 C. 331; 92 C. 308. If there is no expectation that services will be paid for, there can be no recovery. 82 C. 500. Claim based on promise to recompense services by will. 82 C. 647; 83 C. 34; on promise not to make a will. 96 C. 385. Claim of servant for extra compensation to be closely scrutinized 90 C. 611. Distinction between claim against estate and administration expense. 92 C. 504. When statute runs on claim against testamentary trustee for misappropriation. 93 C. 563. Statute also runs on breach of promise not to make a will in return for services rendered. 96 C. 388. Limitation does not apply to actions continued against administrator of estate of original defendant by virtue of survivorship statute; defense of failure to present claim must be specially pleaded. 98 C. 209. "Claims" includes unmatured debt. 111 C. 649. On creditor's application for extension of time question is not allowance of claim but whether presentment should be permitted. 121 C. 118. The phrase "for cause shown" discussed. Id., 119. "Claims" includes city taxes; failure of city to present claim bars recovery against estate for taxes on property in which decedent owned only a life interest. 123 C. 348-353. Claimant's ignorance that he should present claim is not ground for extension of time. Id., 360. Where cause of action is at least quasi in rem and not in personam, it is not an essential prerequisite to suit that a claim be presented. 138 C. 102. Upon application for an extension of time in which to file claim, applicant must show a claim prima facie of sufficient apparent merit to justify its presentation. Id., 425. Cited. 145 C. 644. Failure to procure limitation of claims order; no duty to present claim. 153 C. 252. Purpose of statute. Id., 254. Cited as "statute of nonclaim". 158 C. 228. State is subject to bar established by section because it is "nonclaim" statute and not a "statute of limitations". Purpose of statute is to expedite and help in administration of estate. 160 C. 320. Statute of limitation must be raised in pleadings as special defense. Id., 415. Court did not abuse discretion in extending time for presentation of claim where claimant's attorney was both ill and mistaken as to last day for filing claim. 167 C. 619. Presentation of claim to administratrix before her appointment as such satisfied this section; section discussed. 170 C. 212. Cited. 171 C. 334. Cited. 185 C. 47. Nonclaim statute discussed. 186 C. 86. Cited. 191 C. 316. Cited. 202 C. 57. Cited. 210 C. 626.

      Cited. 1 CA 535, 536. "Recoup is available defensively as long as plaintiff's cause of action exists. It may be asserted even though defendant's claim, as an independent suit, is barred by the statute of limitations." 4 CA 443. Cited. 25 CA 411.

      Extension of time applies only to the creditor, who through no fault of his own fails to present his claim within the time limited by the probate court. 5 CS 28. Cited. Id., 210. Creditor must exhibit his claim within the fixed time; he cannot demand it by way of counterclaim later on. 11 CS 67; 13 CS 135. Extension not granted where applicant's claim originally conformed to statute and no evidence was presented to support the filing of an amended claim. Id., 33. Cited. 15 CS 432; 17 CS 8. Presentation of claim is condition precedent to legal recovery. 18 CS 396. Cited. 21 CS 395; 22 CS 243. Where plaintiff sued to compel executrix to execute papers necessary to perfect her rights in an invention, held she was not a creditor within meaning of this section. 24 CS 446. Indebtedness of decedent secured by mortgage on real estate in which decedent subsequently created joint tenancy in wife and self with the right of survivorship should be paid out of general estate, unless will shows contrary intent, whether or not mortgagee makes claim for payment. 27 CS 82. Statute, cannot be applicable to demands which do not exist or, if they do, are not sufficiently definite and capable of legal adjudication. Term "claim" does not encompass claims which are contingent or mere possibilities. Question of retroactive application of 1967 amendment to statute was not decided. 29 CS 9, 12. Cited. Id., 246. Cited. Compared to section 45-210. 33 CS 14; Id., 512. Statute is inapplicable to a Wisconsin estate since proof of claims is governed by the law of the state of administration. 36 CS 121.

      Cited. 3 Conn. Cir. Ct. 497. Plaintiff's claim against administrator of decedent's estate that decedent's car, repossessed by defendant, rightfully belonged to him, was a claim founded in tort as opposed to an action in rem or quasi in rem, and as such is subject to the provisions of this section. Id., 518, 519.

      Subsec. (a):

      Cited. 15 CA 649.

      Subsec. (b):

      Cited. 15 CA 649.

      Annotations to present section:

      Workers' compensation claims, which are not tort actions but a statutory substitute for such actions by employees against employers, are founded upon the theory of a contract existing between workman and employer and can be reduced to a money judgment, are more similar to contract claims, which are subject to the nonclaim statute, than to the types of claims that are not. 256 C. 456. Workers' compensation claims are subject to this section. Id.

      Time limits of section not applicable to equitable claim of a resulting trust. 25 CA 411.

      Sec. 45a-396. (Formerly Sec. 45-208). Presentation of claims when fiduciary is a nonresident. Whenever the fiduciary of any decedent's estate in settlement in this state resides outside of the state, claims against such estate may be left with the judge of probate in the district where such estate is in settlement. Claims so left with the judge of probate within the time limited for the presentation of claims shall be as valid against such estate as if they had been left with the fiduciary.

      (1949 Rev., S. 6993; P.A. 80-476, S. 269.)

      History: P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-208 transferred to Sec. 45a-396 in 1991.

      See Sec. 52-61 re service of process upon nonresident fiduciaries.

      Annotation to former section 45-208:

      Cited. 170 C. 212.

      Sec. 45a-397. (Formerly Sec. 45-207). Return of notice and list of claims. Every fiduciary, within thirty days after the expiration of the time limited by the court as provided in section 45a-395 for the presentation of claims, shall make sworn return to the court of the notice of such limitation given to the creditors, together with a list of all claims presented to him within the time limited.

      (1949 Rev., S. 6992; P.A. 80-476, S. 270.)

      History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" and specified time limited by court as provided in Sec. 45-205; Sec. 45-207 transferred to Sec. 45a-397 in 1991.

      Annotation to former section 45-207:

      Better practice is to list claims allowed and disallowed in return to court; effect of such a return as evidence of allowance or disallowance. 103 C. 231.

      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. (a) A successor fiduciary of a decedent's estate not represented insolvent, may, when the original fiduciary has died or has 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 of the time so limited and of the claims presented in accordance therewith, apply to the court of probate having jurisdiction of such estate 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 of probate shall hear and determine what claims, if any, were presented to the original fiduciary within the time limited. The court's determination shall, if unappealed from, be final and conclusive. Thereupon the successor fiduciary shall make a sworn return to the court of such claims as have been allowed and disallowed by him.

      (b) If any creditor who is found by the court to have presented his claim within the time limited does not, within four months after receiving written notice from the successor fiduciary that his claim is disallowed wholly or in part, commence suit against such successor fiduciary for the recovery thereof, he shall be barred of his claim against such estate, except such part as has been allowed.

      (1949 Rev., S. 6994; 1955, S. 2934d; P.A. 80-476, S. 271.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions, substituting references to original and successor fiduciaries for references to executors or administrators and administrators "de bonis non"; Sec. 45-209 transferred to Sec. 45a-398 in 1991.

      Annotation to former section 45-209:

      Suit by conservator for services to insane person allowable at least by implication. 5 CS 210.

      Sec. 45a-399. (Formerly Sec. 45-213). Suit upon claims against fiduciary. Period of limitation. When any fiduciary of a decedent's estate required to account in a court of probate is unable to settle or adjust any claim against him as such, or when any such fiduciary and a claimant against him are unable to agree concerning the amount or validity of such claim, such fiduciary may give written notice to such claimant of the disallowance of his claim, wholly or in part, and unless such claimant commences a suit against such fiduciary within four months after such notice has been given, such claimant shall be barred of his claim against such fiduciary, except such part as has been allowed, and of any such claim against the estate. If such creditor dies within such four months and before suit has been brought, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.

      (1949 Rev., S. 6998; P.A. 80-476, S. 275.)

      History: P.A. 80-476 made minor changes in wording and replaced references to executors, administrators, guardians, conservators and trustees with references to fiduciaries; Sec. 45-213 transferred to Sec. 45a-399 in 1991.

      Annotations to former section 45-213:

      Cited. 1 CA 535. Cited. 15 CA 649.

      Sec. 45a-400. (Formerly Sec. 45-213a). Procedure when fiduciary ignores presented claim. Period of limitation. Any claimant who has presented his claim in accordance with sections 45a-391 and 45a-395 to 45a-398, inclusive, who has not received written notice of the disallowance of his claim from the fiduciary, wholly or in part, within thirty days following the end of the limitation of time for presenting claims as set by the Court of Probate under section 45a-395 or any extension thereof, may give written notice to the fiduciary that he intends to bring suit upon said claim within four months after the date of such notice. If such claimant fails to bring suit within four months from the date of such notice, such claimant shall be barred from commencing an action on his claim against the fiduciary. If such claimant dies within such four months and before suit has been brought, a period of four months from the date of death shall be allowed to his executor or administrator within which to commence such suit.

      (P.A. 75-118; P.A. 80-476, S. 272.)

      History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" where occurring and made minor changes in wording; Sec. 45-213a transferred to Sec. 45a-400 in 1991.

      Annotation to former section 45-213a:

      Cited. 3 CA 284.

      Sec. 45a-401. (Formerly Sec. 45-213b). Hearing on disallowed claims by Probate Court or commissioners. Appeals. Costs. (a) Whenever a fiduciary of any estate of a deceased person disallows, in whole or in part, the claim of any creditor against the estate, which claim has been presented within the time limited for presenting claims against the estate, such creditor may, in lieu of proceeding under section 45a-399, within thirty days after notice of such disallowance apply to the Court of Probate to receive and decide such claim or in the alternative may apply to said court for the appointment of one or more disinterested persons, at least one of whom shall be an attorney at law, admitted to practice in this state, to be a commissioner or commissioners to receive and decide upon such claim. The court may, in its discretion, grant the application, hear such claim if the application so requests or appoint such commissioner or commissioners, who shall be sworn to faithfully discharge their duties and shall have all the powers and duties concerning such claim that commissioners appointed under the provisions of sections 45a-406 and 45a-408 have with respect to claims against insolvent estates. The court shall notify the applicant and the fiduciary of the estate of its action on the granting or denying of the application within fifteen days after receipt of the application.

      (b) Upon application of such commissioner or commissioners or upon its own motion, the Court of Probate shall cause notice of the time and place of the hearing on said matter to be served by regular mail or as the court otherwise directs to such persons as the court may direct and the clerk of the Court of Probate shall mail such notices at least ten days before the hearing date.

      (c) If the application to receive and decide such claim by the court or for the appointment of a commissioner or commissioners is denied, the creditor may commence suit upon such claim in the manner provided by law within four months after the denial of the application.

      (d) Any person aggrieved by the actions of such commissioner or commissioners may appeal therefrom as provided in accordance with the provisions of section 45a-190 with respect to insolvent estates.

      (e) Any person aggrieved by the decision of the Court of Probate under this section may appeal therefrom as provided in section 45a-186.

      (f) Such commissioner or commissioners may be allowed such reasonable compensation and expenses as the judge of probate shall determine, the cost of which may be apportioned between the creditor and the estate as the judge shall direct. In the event that the judge of probate shall receive and decide a claim, costs shall not be assessed other than those permitted by sections 45a-105 and 45a-107.

      (P.A. 75-181, S. 1-3; P.A. 77-251; P.A. 80-476, S. 273; P.A. 84-294, S. 13; P.A. 93-279, S. 13; P.A. 95-316, S. 4.)

      History: P.A. 77-251 required that applicant and executor or administrator be notified of court action granting or denying application within 15 days after application received in Subsec. (a); P.A. 80-476 reorganized Subsecs. and restated provisions, substituting "fiduciary" for "executor or administrator" where appearing; P.A. 84-294 amended Subsec. (a) by deleting "or as provided under section 45-213" and adding "in lieu of proceeding under section 45-213"; Sec. 45-213b transferred to Sec. 45a-401 in 1991; P.A. 93-279 amended Subsec. (f) by adding reference to Sec. 45a-107; P.A. 95-316 amended Subsec. (b) by authorizing notice by regular mail rather than by registered or certified mail.

      Cited. 27 CA 333.

      Sec. 45a-402. (Formerly Sec. 45-210). Suit against solvent estate on disallowed claim. Limitation period. Suspension of limitation period. Tort actions. (a) A creditor of any deceased person whose estate is in process of settlement as a solvent estate shall not commence a suit against a fiduciary of the estate within the period allowed by the court for the presentation of claims against the estate, unless written notice of a total or partial disallowance of his claim has been given by the fiduciary of the estate.

      (b) Unless such creditor commences a suit against the fiduciary within four months after written notice has been given him by the fiduciary that his claim is disallowed, wholly or in part, he shall be barred of his claim against the estate, except such part as has been allowed. If such creditor dies within such four months and before suit brought as provided in this section, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.

      (c) The running of any limitation period prescribed under any provision of chapter 925 or 926 and applicable to the claim of any such creditor, which limitation period would otherwise expire within the period allowed by the court for the presentation of claims against the estate, shall be suspended from the time of presentation of such claim until written notice of a total or partial disallowance of such claim has been given by the fiduciary or until the expiration of the period allowed by the court for presentation of claims, whichever is sooner.

      (d) This section shall not apply to any claim founded in tort, provided written notice thereof shall be given to the fiduciary.

      (1949 Rev., S. 6995; 1953, S. 2935d; 1959, P.A. 219; P.A. 80-476, S. 274.)

      History: 1959 act specified that section does not apply to claims founded in tort provided written notice is given to administrator or executor; P.A. 80-476 divided section into Subsecs., restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-210 transferred to Sec. 45a-402 in 1991.

      Annotations to former section 45-210:

      This statute a positive bar. 6 C. 30. Administrator may revoke former disallowance. 12 C. 164. Disallowance should be in unequivocal terms. 48 C. 385; 73 C. 323. Cited and discussed. 52 C. 139; 63 C. 307; Id., 546. Prior to act of 1901 creditor could bring suit within period allowed for presentation of claims. 73 C. 325. Effect of failure of court to limit time for presentation of claims. Id., 408. Claims carries interest from date of disallowance. 82 C. 572. Effect of judgment in such action. 83 C. 79. Question of variance between claim presented and complaint in suit. 96 C. 484. Disallowed claims barred under this statute only when claimant makes no attempt under Sec. 45-211, to obtain action by commissioners. 115 C. 605. Does not limit or modify Sec. 52-555. 134 C. 382. Commencement of action before claim presented; effect of supplemental complaint. 145 C. 579. Notice of disallowance is sufficient if it fairly puts the plaintiff on notice that suit is necessary to fully protect his interests. Id., 644. What constitutes an agreed extension for "a reasonable time". Id. Effect of death of debtor on running of statute of limitations. Id. Three methods of procedure for enforcement of claims against estates discussed. 150 C. 588. History discussed. 153 C. 58-61. Temporary administrator is not representative of estate to whom notice of a claim in tort must be given pursuant to this section. Id. Purpose of statute. Id., 254. Statute of limitations suspended until appointment of administrator. Id., 255, 256. Annotation to former section re commissioners on solvent estate: Failure to set-off claim against claimant of solvent estate will not bar subsequent action by estate. 150 C. 618. Decision re temporary administrator, supra., does not apply to notice presented to administratrix (Sec. 45-205) before her appointment as such. 170 C. 212.

      Cited. 1 CA 535. Cited. 3 CA 284. Cited. 15 CA 649.

      Cited. 11 CS 67. Failure to allege presentation of claim renders complaint defective. 15 CS 432. Statute of limitations for negligence actions suspended for period of time allowed for the presentation of claims. 17 CS 2. On an appeal from the doings of commissioners on a solvent estate, there is no right to a jury trial. 21 CS 160. Presentation of a claim is a condition precedent to recovery against a solvent estate. Id., 395. Cited. Id., 492. Annotation to former section re commissioners on solvent estate: On the appeal of the plaintiff from the doings of commissioners, the superior court is hearing the claim de novo. The defendant is not limited to the amount originally claimed before, or fixed by, the commissioners. Nor is he limited to the amount stated in the claim as originally presented to the executor. 22 CS 241. Time limitation applies to claim by state. Similar purpose to sec. 45-205, i.e., to facilitate the speedy settlement of estates. 33 CS 14. Disavowals of denial of claim more than four months after denial are immaterial. Section imposes an absolute, positive bar. Even if section is a statute of limitations, when plaintiff initially pleads facts he deems sufficient to avoid limitation, sufficiency may be tested by demurrer. Id., 512.

      This statute supersedes and supplants the ordinary statute of limitations. 3 Conn. Cir. Ct. 497. Sole requirement for notice given under this section is that it be unequivocal; it is not necessary to state limitation. Id., 498. Plaintiff's claim against administrator of decedent's estate that decedent's car, repossessed by defendant, rightfully belonged to him, was a claim founded in tort as opposed to an action in rem or quasi in rem and as such is subject to provisions of this section. Id., 518.

      Sec. 45a-403. (Formerly Sec. 45-212). Payment of claims of fiduciary. A fiduciary shall not pay any personal claim of his own against the decedent's estate in his charge until such claim has been approved by the Court of Probate after public notice and hearing, unless the court, for cause shown, dispenses with such notice and hearing. If any such claim is wholly or partly secured, it may be paid at any time after such approval to the extent of the value of the security as appraised pursuant to section 45a-341. Any unsecured claim and the unsecured portion of any such claim shall not be paid until after such approval and until after the expiration of the time limited by the court for the presentation of claims.

      (1949 Rev., S. 6997; 1955, S. 2936d; 1957, P.A. 535; 1967, P.A. 558, S. 25; P.A. 80-476, S. 276.)

      History: 1967 act deleted provision which had authorized person interested in estate to petition court for appointment of commissioners "who shall hear and determine the validity and amount of such claim", and whose doings shall be subject to appeal as in other cases; P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-212 transferred to Sec. 45a-403 in 1991.

      Annotations to former section 45-212:

      Cited. 109 C. 509.

      Cited. 10 CS 4.

      Sec. 45a-404. (Formerly Sec. 45-226). Any estate may be settled as insolvent. The estate of any deceased person may be settled as an insolvent estate if the Court of Probate deems it expedient.

      (1949 Rev., S. 7011; P.A. 80-476, S. 277.)

      History: P.A. 80-476 deleted provision which specified that when settlement of solvent estate has been commenced as insolvent estate, persons with claims subsequently accruing which have not been exhibited to commissioners within time prescribed for such exhibition "shall be the same in respect to any estate ... remaining after the payment of claims allowed by them as they would have been ... if such estate had always been treated as a solvent estate", but see Sec. 45-227(c); Sec. 45-226 transferred to Sec. 45a-404 in 1991.

      Annotations to former section 45-226:

      Executor not precluded from paying debts because estate is represented insolvent, and commissioners have not made their report, though he may act at his own peril. 11 C. 355. Not necessary that court should specially find that it is expedient. 49 C. 423. Effect of payment of claim in full before insolvency is discovered. 94 C. 532. Cited. 124 C. 223.

      Representing solvent estate as insolvent so commissioners may pass upon claims. 10 CS 1; 17 CS 500.

      Sec. 45a-405. (Formerly Sec. 45-227). Estate found solvent to pay interest on debts; claims of nonresident creditors; after-accruing claims. (a) When any estate of a deceased person in settlement as an insolvent estate proves to be solvent or more than sufficient to pay the amount of debts presented and allowed against it, the Court of Probate shall order the payment of the debts and of the charges of settling the estate and shall, in so ordering such payment, add interest upon such debts from the time to which interest had been allowed upon them by the commissioners or by the Superior Court on appeal to the time when payment is so ordered. If the estate is not sufficient to pay such interest in full, such amount as is left after paying the principal of such debts shall be applied pro rata to pay interest upon the claims allowed.

      (b) If any surplus remains after such payment of interest, the creditors who are not inhabitants of this state and who have not presented their claims to such commissioners may present the same at any time within six months after the expiration of the time limited by the court for the exhibition of claims. The commissioners shall proceed in regard to such claims in the same manner as in regard to those exhibited within said time. Upon the return of their report of such claims to the court, all parties in interest shall have the same rights as on their first report. The court shall order such claims as are established to be paid from such surplus, or, if such property is not sufficient therefor, then in proportion to the sum so found to be due.

      (c) When the settlement of any solvent estate has been commenced as an insolvent estate, the rights of all persons having claims against it subsequently accruing, which claims have not been exhibited to the commissioners thereon within the time limited for the exhibition of claims, shall be the same in respect to any property of such deceased person remaining after the payment of the claims allowed by the commissioners as such rights would have been in regard to such remaining property if such estate had always been treated as a solvent estate.

      (1949 Rev., S. 7012; P.A. 80-476, S. 278.)

      History: P.A. 80-476 rephrased previous provisions, designated them as Subsecs. (a) and (b) and added Subsec. (c) incorporating provisions formerly found in Sec. 45-226; Sec. 45-227 transferred to Sec. 45a-405 in 1991.

      See Sec. 45a-329 re settlement of estate upon presumption of death.

      Annotations to former section 45-227:

      Interest on claims generally. 88 C. 206.

      Cited. 10 CS 1; Id., 240; 17 CS 28.

      Sec. 45a-406. (Formerly Sec. 45-214). Appointment of commissioners to determine claims on insolvent estates; notice to creditors. (a) The Court of Probate shall direct the fiduciary of the estate of a deceased person which is represented to be insolvent, and the trustee of the estate of an insolvent debtor, to give public notice to all persons in interest to appear if they see cause before the court, at a time and place appointed by it and designated in the notice, to 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 shall appoint two or more disinterested persons to be such commissioners, who shall be sworn to faithfully discharge their duties.

      (b) Within ten days after appointment of commissioners the fiduciary shall cause public notice to be given of the time and place of the commissioners' meeting and shall also cause a copy of such notice to be sent to every known creditor of the estate.

      (1949 Rev., S. 6999; P.A. 80-476, S. 279.)

      History: P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted "fiduciary" for "executor or administrator" where appearing; Sec. 45-214 transferred to Sec. 45a-406 in 1991.

      See Sec. 3-53 re exhibition and notice of claims against estates.

      Annotations to former section 45-214:

      Creditor cannot be commissioner. 2 R. 203, 386. Disqualification of judges applied to commissioners. 9 C. 506; 13 C. 227; 19 C. 589; but see Sec. 45-225. Power to pass on claims belongs to commissioners alone. 10 C. 238; but see 37 C. 193. Brother of a creditor disqualified. 12 C. 141. Effect of commissioner's decisions. 37 C. 353; 45 C. 39; 51 C. 111. "Known" creditors embraces all those claiming to be creditors and known to executor or administrator. 39 C. 399. Commissioners are independent tribunal. 43 C. 116. What notice necessary. 49 C. 424. No pleadings necessary before commissioners. 54 C. 524. Cited. 94 C. 530; 141 C. 108. Three methods of procedure for enforcement of claims against estates discussed. 150 C. 588.

      This section was not designed to allow creditors to revive claims otherwise barred by lapse of time. 21 CS 492.

      Annotation to present section:

      Cited. 27 CA 333.

      Sec. 45a-407. (Formerly Sec. 45-217). Limitation of time for exhibiting claims to commissioners. The Court of Probate shall allow not less than three nor more than twelve months for exhibiting claims to the commissioners on the insolvent estate of a deceased person; and not less than three nor more than six months for exhibiting claims to the commissioners on the estate of an insolvent debtor. The court may, on the application of any person claiming to be a creditor of the estate, either before or after the return of the commissioners' report, 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 limit a further time, not exceeding thirty days beyond the time it might have originally limited, for the presentation of such claims.

      (1949 Rev., S. 7002; 1967, P.A. 558, S. 50; P.A. 80-476, S. 280.)

      History: 1967 act required court to allow at least three, rather than six, months to exhibit claims; P.A. 80-476 made minor changes in wording; Sec. 45-217 transferred to Sec. 45a-407 in 1991.

      See Sec. 3-53 re exhibition and notice of claims against estates.

      Annotations to former section 45-217:

      This section a complete bar to after-accruing debts. 5 D. 285; 16 C. 303. Commissioners may adjust accounts of parties when. 18 C. 130. Debt due from partnership is a "claim" against estate of deceased partner. 21 C. 53. A clear intelligent statement of claim sufficient. 27 C. 353; 46 C. 429. Court cannot order hearing opened except for good cause. 34 C. 204. Casual knowledge of claim not enough to constitute exhibition. 81 C. 264. Cited. 105 C. 601; 123 C. 363; 141 C. 108.

      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. (a) When during the settlement of the estate of a deceased person, the fiduciary, after the expiration of the time limited by the Court of Probate for presenting claims against the estate, represents the estate to be insolvent, the court shall appoint commissioners to receive and decide upon the claims of creditors of the estate, proceeding in the manner prescribed in section 45a-406. Further time shall not be limited by the court for presenting claims against the estate, unless the court in its discretion finds such further limitation to be necessary.

      (b) The fiduciary shall deliver to such commissioners immediately upon their appointment all claims against the estate which have been presented to him within the time limited as provided in section 45a-395.

      (c) The fiduciary shall cause notice of the names of such commissioners and of the time and place of their meeting to be given to every person who has presented a claim against the estate, and, if a further limitation is made, to every known creditor, in such manner as the Court of Probate directs.

      (1949 Rev., S. 7000; P.A. 80-476, S. 281.)

      History: P.A. 80-476 divided section into Subsecs., restated provisions and substituted references to fiduciary for references to executor or administrator; Sec. 45-215 transferred to Sec. 45a-408 in 1991.

      See Sec. 45a-404 re authority to settle any estate as insolvent.

      Annotations to former section 45-215:

      When further time limited commissioners need not be reappointed. 39 C. 400. Cited. 63 C. 548; 94 C. 530; 105 C. 601.

      Representing solvent estate as insolvent so as to have commissioner pass on claim. 10 CS 2. Representation of insolvency must come from the fiduciary, not creditors of the deceased. 21 CS 492. Court has discretion as to whether commissioners should be appointed. Id. This section was not designed for the purpose of reviving claims otherwise barred by the statute of limitations. Id.

      Annotation to present section:

      Cited. 27 CA 333.

      Sec. 45a-409. (Formerly Sec. 45-230). Settlement of estate without commissioners. When it appears to the Court of Probate that the assets of the estate of any deceased person in settlement before the court, exclusive of the articles which may be legally set out to the surviving spouse and the allowance for support of such spouse and that of the family of the deceased, will not be more than sufficient to pay the funeral expenses, the expenses of settling the estate, the expenses of the last sickness and the lawful taxes and debts due the state and the United States, the court may, after notice to all persons interested, upon hearing, ascertain the amount of the funeral and other expenses and of such taxes and preferred debts, and decree that the settlement of the estate be completed without the appointment of commissioners.

      (1949 Rev., S. 7015; P.A. 74-91, S. 1; P.A. 80-476, S. 282.)

      History: P.A. 74-91 substituted "surviving spouse" for "widow"; P.A. 80-476 made minor changes in wording; Sec. 45-230 transferred to Sec. 45a-409 in 1991.

      Annotation to former section 45-230:

      Cited. 135 C. 98.

      Sec. 45a-410. (Formerly Sec. 45-219). Claims not exhibited are barred. Newly discovered assets. Each creditor of an insolvent estate who does not exhibit his claim to the commissioners within the time limited shall be barred of his claim against the estate unless he can show some property not included in the inventory or accounted for by the fiduciary or trustee, in which case he shall notify the fiduciary or trustee, who shall make an additional inventory of such newly discovered property. In such case the Court of Probate shall examine his claim and allow what appears to be due him. After deducting the additional charges, the court shall order so much of the proceeds of such discovered property to be paid to such creditor as will make him equal to the other creditors, if it is sufficient; if not sufficient, the whole shall be paid to him, but, if more than sufficient, the surplus shall be divided ratably between him and the other creditors.

      (1949 Rev., S. 7004; P.A. 80-476, S. 283.)

      History: P.A. 80-476 rephrased provisions and substituted "property" for "estate" and "fiduciary" for references to executor or administrator; Sec. 45-219 transferred to Sec. 45a-410 in 1991.

      Annotations to former section 45-219:

      Discovery of additional estate must be after dividend is declared. 2 R. 423; 2 D. 313. One having claim arising after settlement of estate as insolvent, which proves solvent, may secure aid of court of equity to obtain property distributed to heirs in satisfaction of such claim. 5 D. 419. Administrator is liable for newly discovered estate. 1 C. 19. Claim accruing after time limited if estate prove solvent, not barred. 27 C. 83, Id., 263. Claim not exhibited may be used as an offset. 46 C. 277. Clear intelligent statement of claim is sufficient. Id., 429. Cited. 49 C. 92. Discussed. 67 C. 454. "Exhibit" does not mean to offer proof but only to present for consideration. 142 C. 126.

      Sec. 45a-411. (Formerly Sec. 45-218). What claims may be allowed. Any claim against the estate of an insolvent debtor, whether founded in contract or tort, and any claim against the insolvent estate of a deceased person which by law survives, may be proved before the commissioners and allowed by them. A claim against the insolvent estate shall not be deemed to be discharged by having become merged in any higher evidence of debt after the commencement of the settlement of the estate.

      (1949 Rev., S. 7003; P.A. 80-476, S. 284.)

      History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-218 transferred to Sec. 45a-411 in 1991.

      Annotations to former section 45-218:

      Object of clause de merger. 30 C. 137. Right to specific performance of contract for sale of real estate not waived by presentation of claim to commissioners. 38 C. 415. Judgment obtained after commencement of settlement of estate not conclusive. 59 C. 547. Cited. 66 C. 509. Where creditor holds note as collateral, real debt should be allowed. 67 C. 324; 74 C. 247. Amount to be allowed on secured claim. 91 C. 66. Effect of judgment secured in foreign state. 71 C. 715; 74 C. 247. Cited. 71 C. 716. Estate liable where deceased took deed promising to hold it in trust, but converted it to his own use. 81 C. 433. In case of insolvency of partnership and its members, rights of creditors. 87 C. 268. Cited. 141 C. 108.

      Sec. 45a-412. (Formerly Sec. 45-221). Procedure when creditor has security for his claim. (a) If any creditor having any security for his claim against an insolvent estate upon any property of the estate presents his claim to the commissioners on the estate, they shall inquire into the cash value of such security and report the same to the Court of Probate.

      (b) If the commissioners allow such claim, the fiduciary or trustee shall, within six days after the return of the commissioners' report, notify such creditor by registered or certified mail of the amount allowed and of such value as reported by the commissioners.

      (c) Unless such creditor, within fifteen days after the giving or mailing of such notice, lodges with the court a certificate of his election to relinquish such security, he shall be entitled to a dividend from the estate only upon the excess of his claim above the value of such security.

      (1949 Rev., S. 7006; P.A. 80-476, S. 285.)

      History: P.A. 80-476 divided section into Subsecs., restated provisions and substituted "fiduciary" for reference to executor or administrator; Sec. 45-221 transferred to Sec. 45a-412 in 1991.

      Annotations to former section 45-221:

      Does not apply to creditor having lien on real estate out of this state. 31 C. 67. Finding as to security only conclusive as between creditor and estate. 45 C. 39. Appeal lies from valuation of security. 51 C. 112; 68 C. 186. Creditor does not waive his security by making no mention of it in his claim. 56 C. 442. Effect of failure of creditor to disclose security. 88 C. 536. Note is not collateral security. 67 C. 324; 74 C. 247. Cited. 67 C. 337; 70 C. 497; 71 C. 713. Amount to be allowed on secured claim. 91 C. 66. Where deceased conveyed property for which he was liable on mortgage, estate's subrogated right on payment of mortgage is not security upon "any property of such estate". 128 C. 665. Cited. 129 C. 98.

      Right of commissioners to evaluate security on solvent estates. 10 CS 1; Id., 203.

      Sec. 45a-413. (Formerly Sec. 45-220). Commissioners' report. Notice to claimants of disallowed claims. Hearing on objections. Appeal. (a) The commissioners, as soon after the expiration of the time limited for presentation of claims as it may reasonably be done, shall report to the court a list of all the claims exhibited to them, specifying the claims and the amounts presented, allowed and disallowed.

      (b) If any claim against any insolvent estate is disallowed, in whole or in part, by the commissioners, the fiduciary or trustee shall within six days after the return of the commissioners' report, notify the claimant by registered or certified mail.

      (c) (1) The court shall accept the commissioners' report unless, upon written objection of an aggrieved party filed within fourteen days after the filing of the report and after a hearing upon such objection of which notice shall be given to all those who presented claims to the commissioners and to the representatives of the estate, the court finds that the commissioners were guilty of misconduct affecting the validity of the report as a whole. If the court so finds, it may reject the report and proceed, as provided in sections 45a-406 and 45a-408, to appoint the same or other commissioners to receive and decide upon the claims of creditors of the estate which were presented to the commissioners originally appointed. Upon such appointment the same proceedings shall be had for the determination of the validity of such claims as provided in said sections, except that notice of the time and place of their meeting shall not be given except to creditors who presented claims to the commissioners originally appointed.

      (2) An appeal may be taken from the order of the court accepting or rejecting the report after such written objection.

      (1949 Rev., S. 7005; P.A. 80-476, S. 286.)

      History: P.A. 80-476 designated existing provisions as Subsecs. (a) and (c), changing wording slightly, and inserted new Subsec. (b) re notification of claimant when claim is disallowed to replace repealed Sec. 45-222; Sec. 45-220 transferred to Sec. 45a-413 in 1991.

      Annotations to former section 45-220:

      Disallowance of claim conclusive. 2 R. 188; 13 C. 505; but only on claimant and estate. 32 C. 551. Court of probate has no power to expunge allowed claim from report. 2 C. 354. Jurisdiction of commissioners as to set-offs coextensive with that of courts of law and of equity. 6 C. 19. Commissioners have both legal and equitable powers 16 C. 195; 25 C. 158; 26 C. 373; 32 C. 541; 41 C. 559. Commissioners should allow partnership equally with individual claims. 21 C. 41. Commissioners not to marshal claims. 27 C. 246. Effect of payment of claim after allowance by commissioners. 30 C. 78. Allowance of claim against, no bar to recovery of claim in favor of estate. 37 C. 349. If claimant does not object to such course. 39 C. 22; 41 C. 75. Claim not presented may be used as set-off against claim in favor of estate. 49 C. 93. Finality of commissioners' report in collateral proceeding. 71 C. 520. Cited. 141 C. 108.

      Sec. 45a-414. (Formerly Sec. 45-228). Suits against insolvent estates prohibited. Exceptions. Pending suits. Except for debts due the United States or the state or for the expenses of the last sickness or funeral charges, suit shall not be brought against the fiduciary of an estate in course of settlement as insolvent. If judgment has been rendered against such fiduciary before the commencement of its settlement as an insolvent estate, execution shall not issue, but the creditor may exhibit his judgment to the commissioners appointed by the Court of Probate to receive and decide upon the claims of the creditors of the estate and receive his proportion of the estate with the other creditors, and, if judgment has not been rendered, any pending suit, except of the classes excepted above, shall abate; but, if such claim or any part thereof is allowed by the commissioners, costs on such abatement shall not be allowed to the estate, and the creditor may exhibit his claim and the accrued costs of suit to the commissioners, and the costs contained in such judgment or accrued in such suit, if such claim is allowed, wholly or in part, shall be preferred by the Court of Probate, if in its opinion the bringing of such suit was necessary to protect the creditor's rights and not otherwise.

      (1949 Rev., S. 7013; P.A. 80-476, S. 287.)

      History: P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-228 transferred to Sec. 45a-414 in 1991.

      Annotations to former section 45-228:

      Where the estate represented insolvent proves to be solvent, and executor has funds in his hands after settlement of his account, when claimant may sue. 27 C. 267. Representing estate insolvent after judgment obtained does not bar judgment. 31 C. 276. Cited. 51 C. 20. Section refers to actions brought originally against executors, not to those brought in lifetime of deceased. 88 C. 104; 98 C. 209.

      Sec. 45a-415. (Formerly Sec. 45-216). Compensation of commissioners. The court shall fix the compensation of commissioners appointed pursuant to section 45a-406 or 45a-408 and such amount shall be paid from the funds of the estate.

      (1949 Rev., S. 7001; 1959, P.A. 90; P.A. 80-476, S. 288.)

      History: 1959 act deleted clause limiting compensation to a maximum of $15 per day and necessary expenses; P.A. 80-476 rephrased section and deleted provision prohibiting appointment of court officer or employee or judge's employee as commissioner on estate of deceased person or as trustee of estate of insolvent debtor, but see Sec. 45-215a; Sec. 45-216 transferred to Sec. 45a-415 in 1991.

      Sec. 45a-416. (Formerly Sec. 45-215a). Prohibition on appointment of certain persons as commissioners. A court of probate shall not appoint as commissioner on the estate of any deceased person or as trustee of the estate of any insolvent debtor any officer or employee of the court or any person employed by the judge thereof.

      (P.A. 80-476, S. 289.)

      History: Sec. 45-215a transferred to Sec. 45a-416 in 1991.

      Sec. 45a-417. (Formerly Sec. 45-225). Commissioners disqualified; validity of acts. (a) A commissioner shall not be disqualified by reason of any relationship by blood or marriage, or by the relation of landlord and tenant, between himself and any person interested in the estate, unless an objection is made on that account at the time of his appointment by some person claiming to be interested. The Court of Probate shall remove any commissioner so related to any person interested in the estate as to legally disqualify him, if any person claiming to be interested in the estate so requests at any time before the expiration of the time limited for the exhibition of claims, or, if he does not discover such relationship until after such time, then upon such request at any time before the acceptance of the commissioners' report.

      (b) The actions of commissioners who are disqualified shall be valid unless set aside for such cause by the Court of Probate before the acceptance of their report or on appeal.

      (1949 Rev., S. 7010; P.A. 80-476, S. 290.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions but made no substantive changes; Sec. 45-225 transferred to Sec. 45a-417 in 1991.

      Sec. 45a-418. (Formerly Sec. 45-223). When commissioners disagree or one cannot act. (a) If there are two commissioners and they do not agree upon the allowance or rejection of any particular claim, the Court of Probate, after public notice and hearing, shall appoint a third commissioner to act with them, and the report signed by a majority of the commissioners and returned shall be a sufficient report.

      (b) When any commissioner is prevented from completing his duties, the remaining commissioners may perform all the duties of the commission.

      (1949 Rev., S. 7008; P.A. 80-476, S. 291.)

      History: P.A. 80-476 divided section into Subsecs.; Sec. 45-223 transferred to Sec. 45a-418 in 1991.

      Sec. 45a-419. (Formerly Sec. 45-224). Removal of commissioners. Appointment of successors. The Court of Probate may remove any commissioner for cause and appoint another in his place, after notice as required in an original appointment. When the successor commissioner is sworn he shall, with the remaining commissioners, after such notice as the court prescribes, examine and allow such claims only as have been exhibited within the time originally limited.

      (1949 Rev., S. 7009; P.A. 80-476, S. 292.)

      History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-224 transferred to Sec. 45a-419 in 1991.

      Secs. 45a-420 to 45a-424. Reserved for future use.

PART IX*
DISTRIBUTION

      Sec. 45a-425. (Formerly Sec. 45-271a). "Fiduciary" defined. As used in sections 45a-425 to 45a-437, inclusive, and 45a-439 to 45a-452, inclusive, unless otherwise required by the context, "fiduciary" includes the executor or administrator of a decedent's estate.

      (P.A. 80-476, S. 312; P.A. 85-613, S. 106, 154.)

      History: P.A. 85-613 made technical change, deleting reference to chapter 797; Sec. 45-271a transferred to Sec. 45a-425 in 1991.

      Sec. 45a-426. (Formerly Sec. 45-271b). Protection of legacies. (a) All pecuniary legacies given in any will shall, if the personal property of the testator is insufficient for the payment thereof, be a charge on his real property not specifically described and devised, unless otherwise directed in such will.

      (b) Specific legacies shall not be taken or sold for the payment of debts and charges against the estate of the testator when there is other property, real or personal, sufficient and available therefor and not specifically devised or bequeathed; but real property may be sold in lieu thereof, when it is necessary for such purpose, unless such will otherwise directs.

      (1949 Rev., S. 6953; P.A. 80-476, S. 313.)

      History: P.A. 80-476 divided section into Subsecs. and substituted "property" for "estate"; Sec. 45-175 transferred to Sec. 45-271b in 1981; Sec. 45-271b transferred to Sec. 45a-426 in 1991.

      Annotations to former section 45-175:

      What legacies not specific. 42 C. 346. Right of devisee of mortgaged land to receive it free of mortgage. 68 C. 198; 74 C. 96; Id., 459; 78 C. 481; 79 C. 364. Statute construed. 71 C. 529; 103 C. 371. Debts are to be paid primarily out of personal estate 74 C. 99. Gift of real estate "after payment of above legacies" charges them on land. 72 C. 253. Marshaling legacies where some are charged on land and others are not. 76 C. 267. Subrogation where personal property specifically given is used to pay legacies charged on real estate. Id., 268. General and specific legacies distinguished. 85 C. 494. Application to debts incurred by executors in running a farm. 103 C. 369 Ff. Lands specifically devised not subject to payment of debts until other assets exhausted. 106 C. 611. Cited. 141 C. 102. Devise of proceeds of sale of real property to be held in trust for plaintiff under terms of wife's will required mortgage on property sold to be satisfied from estate, not proceeds of sale, where other estate property existed from which mortgage could be paid. 157 C. 181. Cited. 158 C. 232; Id., 292.

      Conditions under which acceptance of devised property will satisfy claim of the donee against decedent's estate. 17 CS 26. The only restrictions on specifically devised property are those imposed by this section. Id., 501.

      Sec. 45a-427. (Formerly Sec. 45-271c). Sale of real property to pay legacies. When the payment of a pecuniary legacy is charged, or is by law chargeable, upon the real property of the testator, or when devised real property is to be sold and no provision is made by the will for the sale, or there is no person designated to sell who is capable or willing to act, the Court of Probate may order the sale of such estate, or so much thereof as may be necessary to effect the intention of the testator and to pay the incidental charges, by such person and in such manner as it deems proper.

      (1949 Rev., S. 6969; P.A. 80-476, S. 314.)

      History: P.A. 80-476 substituted "real property" for "real estate" and made minor change in wording; Sec. 45-181 transferred to Sec. 45-271c in 1981; Sec. 45-271c transferred to Sec. 45a-427 in 1991.

      Annotations to former section 45-181:

      Until this statute equity alone had the power to order real estate sold to pay legacy charged thereon. 27 C. 535. Cited. 121 C. 112.

      Sec. 45a-428. (Formerly Sec. 45-271d). Sale or mortgage of real property specifically devised. Procedures for solvent and insolvent estates. (a) If the Court of Probate finds that the estate of a deceased person is insolvent and if the real property has been specifically devised 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 shall 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 shall 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.

      (b) Except as provided in this section, real property of a decedent whose estate is solvent and either specifically devised by will or forbidden by will to be sold or to be mortgaged shall not be so ordered to be sold or mortgaged without the written consent of the specific devisees or other parties interested as distributees of such real property or of the guardians ad litem or guardians or conservators of the estates of those not legally competent so to consent.

      (1949 Rev., S. 7023; 1953, S. 2938d; P.A. 80-476, S. 315.)

      History: P.A. 80-476 divided section into Subsecs., substituted "real property" for "real estate" and made minor changes in wording; Sec. 45-239 transferred to Sec. 45-271d in 1981; Sec. 45-271d transferred to Sec. 45a-428 in 1991.

      Annotation to former section 45-239:

      Where widow had life use of husband's estate consisting only of real estate, probate court could authorize executor to mortgage estate without her consent, even though estate was probated as a solvent estate. 17 CS 500.

      Annotations to present section:

      Subsec. (a):

      Where estate had insufficient assets other than specifically devised real property, and although title to the property passed to decedent's devisees at her death, such title was not absolute and probate court possessed authority to order sale of the subject property. 79 CA 309. Where court determined it was necessary for executor of estate to have possession and control of real property so as to market it for sale in compliance with order of Probate Court, any interest or title in such property that would have otherwise passed under decedent's will was terminated upon the issuance of Probate Court's order to market property for sale and in fact never came into being, and legal title to such property belonged to estate. 118 CA 577.

      Sec. 45a-429. (Formerly Sec. 45-271e). Contribution where estate is taken to pay debts. When any estate bequeathed or devised to any person is taken for the payment of debts and charges, all the other legatees, devisees or heirs shall contribute their proportional part of the estate to the person from whom such legacy or devise is taken and he may maintain an action to compel such contribution.

      (1949 Rev., S. 6968; P.A. 80-476, S. 316.)

      History: P.A. 80-476 deleted exception re widows "in case the devise has been made in lieu of dower" and made wording change; Sec. 45-180 transferred to Sec. 45-271e in 1981; Sec. 45-271e transferred to Sec. 45a-429 in 1991.

      Annotations to former section 45-180:

      At common law gift to widow in lieu of dower does not abate ratably with other legacies. 23 C. 330; 26 C. 263. This section applies only when will is silent or its intent uncertain. 68 C. 201. Applies only in favor of specific legatees or devisees who have been deprived of their property by judicial sales. 71 C. 530. Cited. 86 C. 462. See notes to Secs. 45-271b, 45-271f (now 45a-426, 45a-430). Cited. 158 C. 292.

      Sec. 45a-430. (Formerly Sec. 45-271f). When distributees to give security for contingent or future debts. Each person to whom any part of an estate is distributed or paid by order of the Court of Probate and each person to whom any property is devised or bequeathed when no sufficient provision has been made by the will for the payment of the debts out of some particular property shall, upon the request of any person having a claim against the estate, contingent or not yet matured, give a bond to the state, with surety to the acceptance of the Court of Probate. The bond shall stipulate that if, after the settlement of the estate, debts appear and are allowed, such person will pay to the fiduciary his proportional part of such debts and of the charges of the fiduciary.

      (1949 Rev., S. 7064; P.A. 80-476, S. 317.)

      History: P.A. 80-476 substituted "property" for "estate" and "fiduciary" for "executor or administrator" and made minor changes in wording; Sec. 45-281 transferred to Sec. 45-271f in 1981; Sec. 45-271f transferred to Sec. 45a-430 in 1991.

      Annotations to former section 45-281:

      Bond given under this section does not discharge lien on real estate for debts of decedent. 6 C. 268. Liability of distributees to refund to pay debts subsequently arising. 83 C. 75; 86 C. 470.

      Sec. 45a-431. (Formerly Sec. 45-272). Distribution of estates. (a) Court to ascertain heirs and distributees. The Court of Probate shall ascertain the heirs and distributees of each intestate estate, and the heirs and distributees of, and their respective shares in, each testate estate so far as the will may leave the same indefinite and necessary to be defined or so far as it is necessary to give effect to an agreement made in accordance with the provisions of section 45a-434.

      (b) Court to order fiduciary to distribute estate. The court shall order the administrator or other fiduciary charged with the administration of the estate to deliver possession of or pay over the intestate estate and the shares in each testate estate so far as the will may leave the same indefinite and necessary to be defined to the person or persons entitled thereto in the proportions provided by law, or, if distributors are appointed or a mutual distribution is filed, as provided in section 45a-433, or if disinterested persons are appointed to make division or an agreement is filed, as provided in section 45a-434, the court shall order the fiduciary of the estate to deliver possession of or pay over the same in accordance with the division made by such distributors or mutual distribution or agreement, as the case may be. The fiduciary shall take proper receipts for any such delivery or payment.

      (1949 Rev., S. 7056; P.A. 77-417, S. 2; P.A. 80-476, S. 318.)

      History: P.A. 77-417 amended section to include references to agreements made in accordance with Sec. 45-182 (later transferred to Sec. 45-272a); P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-272 transferred to Sec. 45a-431 in 1991.

      Annotations to former sections:

      Heir has right to ask for ascertainment of heirs. 55 C. 410. Cited. 67 C. 18. This section is declaratory of preexisting law. Id., 442. The determination of the court of probate as to the parties entitled to take under a will cannot be collaterally attacked, but only by appeal; is conclusive. 69 C. 79; 90 C. 561. Cited. 69 C. 616. Application for order of distribution irregular; order where only one heir. 71 C. 128; 72 C. 122; 104 C. 103. Determination of heirs or distributees merely incident to order for distribution. 71 C. 129; 72 C. 328. Court may consider extraneous facts to apply terms of will, but cannot finally pass on validity of trust provision. 74 C. 601. Paying balance in estate to person entitled without order of court, see 75 C. 410; 77 C. 378. Approving distribution as implying that it has done so. 75 C. 598; 78 C. 626. Duty of administrator to apply for distribution. 78 C. 622. Distribution to the "heirs" of a living person is void. 80 C. 363; but see 75 C. 601; 83 C. 346; 84 C. 323. Power and duty of court to determine distributees. 81 C. 161; 89 C. 429; 90 C. 567. Court may not consider equities arising from transactions after decedent's death. 82 C. 311. Proceeds of devised real estate sold under court order distributed as realty would have been. 90 C. 144; 98 C. 333. Court may pass on validity of provisions of will so far as necessary to determine distributees. 90 C. 592. Probate court must first pass on conflicting claims to assets of estate; interpleader will not lie. 91 C. 446. Court of probate cannot revoke order of distribution made on notice after appeal therefrom taken. 92 C. 28. Probate court has jurisdiction to determine incidental questions necessary to a correct conclusion. 117 C. 376. Including necessary construction of will. 120 C. 103. Statement of who are distributees in accepted final account does not constitute an order. Id., 183. Cited. 121 C. 112; 140 C. 111; 143 C. 662. Unless a contrary intent appears, gifts will be construed to take effect in point of right at the death of the testator though their enjoyment is postponed to a future time by the interposition of a life estate or otherwise. 147 C. 272.

      Superior court cannot determine whether legatee left issue; it must be made by probate court. 7 CS 106.

      Annotations to former section 45-272:

      Cited. 150 C. 110. Cited. 174 C. 176. Although it lacks direct jurisdiction to construe wills, a probate court in performing its duty to ascertain distributees has jurisdiction to consider incidental questions, even though this may entail construing a will. 175 C. 372. Cited. 211 C. 121.

      Cited. 38 CS 91. Cited. 40 CS 151.

      Subsec. (a):

      Cited. 194 C. 52.

      Sec. 45a-432. (Formerly Sec. 45-284). Distribution of estate, testate in part. When part of an estate has been devised or bequeathed and part is intestate and held in common with the devisees or legatees, the Court of Probate may order a distribution of such estate.

      (1949 Rev., S. 7067.)

      History: Sec. 45-284 transferred to Sec. 45a-432 in 1991.

      Sec. 45a-433. (Formerly Sec. 45-273). Distribution of intestate estates. (a) After payment of expenses and charges, an intestate estate shall be distributed by the administrator or other fiduciary charged with the administration of the estate; provided the Court of Probate may, in its discretion, on its own motion or upon application by any interested person, appoint three disinterested persons to make the distribution.

      (b) If all the persons interested in the estate legally capable of acting and all fiduciaries for any other persons interested in the estate make and file in the court a division of the estate, made, executed and acknowledged like deeds of land, such division, being recorded in the records of the court, shall be a valid distribution of the estate. Any such fiduciary may petition the court of probate which appointed him for permission to enter into such a division, and such permission may be granted or, for cause shown, denied by the court, after a hearing on such petition held on such notice as the court may order.

      (c) If any intestate estate consists wholly of real property, the Court of Probate shall issue a certificate of descent to the heirs at law, as provided by section 45a-450, without formal distribution or without a mutual distribution as provided for in this section, unless there is filed in the Court of Probate, within one month after the acceptance of the administration account, the ascertainment of the distributees and the order of distribution, a mutual distribution executed by all of such heirs at law or a return of distribution as provided by this section.

      (1949 Rev., S. 7057; 1969, P.A. 232, S. 1; P.A. 80-476, S. 319.)

      History: 1969 act included fiduciaries for persons interested in the estate as parties to making and filing of division and added provision re fiduciary's petition to enter into division; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-273 transferred to Sec. 45a-433 in 1991.

      Annotations to former section 45-273:

      Claims not barred by distribution. K. 429; 6 C. 267; 22 C. 279. Heirs cannot sue for conversion of personal property before distribution. 1 D. 152. Distribution cannot be made by distributors appointed by heirs. 3 D. 264. Heirs are tenants in common until distribution. 5 D. 218. Heirs have no title to or right to possession of personal property until distribution. 4 C. 349. Reversionary interest in dower land may be distributed during life of widow. 9 C. 230. On appeal it may be shown that distribution is unjust. Id. Statute de distribution does not deprive heirs of power to divide their estate by deed. 14 C. 123. No distributors necessary when estate consists wholly of cash. 16 C. 317. Decree accepting return of distributors conclusive except on appeal. 17 C. 392; 24 C. 246; 38 C. 271. Where will provides rule for distribution it must be followed. 19 C. 317. Law of domicile governs distribution of personal estate. 21 C. 582. Widow's share in personal estate vests in her administrator when she dies before distribution. 26 C. 352. Distribution is not affected by prior conveyances by an heir of his interest in estate. 29 C. 419; 53 C. 37. Distributions to be liberally construed. 31 C. 588. Evidence of distributors as to what they intended by certain language in distribution inadmissible. 42 C. 270. If necessary distributors should make reappraisal. Id., 346. Intent governs in construction of distribution. 43 C. 545. Mutual distribution not executed in accordance with requirements of statute does not preclude an order of distribution. 54 C. 228. Distribution must recognize, but cannot impose, conditions on estate. 64 C. 40. Rights of heirs before distribution. 67 C. 1; 69 C. 616; 75 C. 601; 83 C. 351; 84 C. 212; 84 C. 569; 87 C. 85. Cited. 69 C. 78. History and nature of distribution. Id., 611; 72 C. 153; 75 C. 33. Estate must be before court in orderly way; if administrator is dead a successor must be appointed. 70 C. 377. Acceptance of mutual distribution does not oust court of jurisdiction to adjudicate on administration account. 72 C. 559. Informal distribution of personalty; rights of creditors. 75 C. 33. Parties may make any distribution they can mutually agree upon. Id.; 86 C. 471; 89 C. 427; 104 C. 104. Distribution relates back to death. 75 C. 598; 81 C. 442. Long acquiescence in division may cause it to be upheld. 75 C. 598; 88 C. 686; 91 C. 12; but see 80 C. 363. Distribution not source of title. 78 C. 485; 89 C. 427; 91 C. 12; but see 75 C. 40. Distribution will not be construed to impute irregularities to court and distributors. 80 C. 371. Stock may be distributed in fractional parts. 81 C. 95. Heir not included who goes into possession; he may claim adversely. 90 C. 562. All parties interested must join in a mutual distribution. 104 C. 104. Cited. 111 C. 591; 137 C. 610.

      Cited. 13 CA 45.

      Cited. 40 CS 484.

      Sec. 45a-434. (Formerly Sec. 45-272a). Division of estate among joint devisees or legatees. (a) When a testator orders an estate to be divided among two or more devisees or legatees without appointing any person to divide it, or if he appoints persons to divide it who refuse or are unable to do so, or when in any will any estate or interest has been given to two or more persons jointly, and the same is susceptible of a division, the executor or other fiduciary charged with the administration of the estate shall make the division, provided the court before which such will was proved may, in its discretion, during the settlement of the estate of the testator, on its own motion or on the request of anyone interested, appoint three disinterested persons to make the division. Such division shall, when accepted by the court, be binding on all persons interested.

      (b) If the devisees, legatees or heirs are legally capable of acting and make a division in writing, in the manner provided for the division of an intestate estate, such division shall be valid.

      (c) Whenever there has been a contest with respect to the validity, admissibility to probate or construction of a will, if all persons interested in the estate, including persons interested as contestants or fiduciaries acting on behalf of a contestant, make and file in the court an agreement as to the division of the estate, in writing, executed and acknowledged in the same manner as provided for conveyances of land in section 47-5, such agreement shall be a valid division of the estate if approved by the Court of Probate. Any such fiduciary may petition the court of probate which appointed him for permission to enter into such an agreement. The court of probate may grant such petition or may deny such petition. Such petition shall not be denied unless a hearing has been held thereon for which the court shall make such order of notice as it deems reasonable. Any such contested estate which is settled by such an agreement shall be subject to the tax imposed under chapter 216, which shall be imposed on the basis of the disposition provided for in whatever will or codicil, if any, is admitted to probate after such agreement or if no will or codicil is admitted to probate, then on the basis of the dispositions provided for under the laws of intestacy.

      (1949 Rev., S. 6970; P.A. 77-417, S. 1; P.A. 80-476, S. 320; P.A. 81-472, S. 81, 159; P.A. 10-32, S. 134.)

      History: P.A. 77-417 added provisions re agreements on division of estates in cases where will has been contested; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 81-472 made technical changes; Sec. 45-182 transferred to Sec. 45-272a in 1981; Sec. 45-272a transferred to Sec. 45a-434 in 1991; P.A. 10-32 made technical changes in Subsec. (c), effective May 10, 2010.

      Annotations to former section 45-182:

      Distribution cannot be made by distributors appointed by heirs and devisees. 3 D. 260. Preceding case distinguished in 17 C. 354. Distribution can be made of a piece of land the north half of which was devised to one and the south half to another. 7 C. 21. Court of probate has no jurisdiction to approve distribution made by parties appointed by will. 8 C. 412. No distributors necessary where estate is all in money. 16 C. 317. Distribution cannot be set aside in equity. 24 C. 246. Distributions to be liberally construed. 31 C. 588. Distributors should make a reappraisal if necessary, before distribution. 42 C. 346. Superior court has no power to make or order distribution to be made. 46 C. 179. Court and distributors must recognize conditions and burdens attached to division by testator. 64 C. 53. Distribution as relating back to death of testator. 65 C. 510. Proceeds of sale of real estate treated as land would have been. 66 C. 410; 82 C. 308. Distributors' duties; cannot pass on validity of claims. 68 C. 84. Cited. 69 C. 78. Power of court to determine distributees. 71 C. 128; 72 C. 322. Treatment of fire insurance money where fire occurs after testator's death. Id., 29. Court may order partial distribution. 73 C. 56. When a person appointed in will makes only partial distribution court may appoint distributors to complete it. 74 C. 131. No occasion for distribution if only one devisee. 77 C. 378. Distribution not source of title. 78 C. 485; 87 C. 85. Distribution to "heirs" of deceased person void. 78 C. 485; 80 C. 363; 83 C. 346; 84 C. 323. Distribution of stock in fractional parts. 81 C. 95. Any division joined in by all distributees constitutes valid distribution. 86 C. 471; 89 C. 427; 104 C. 103. Division may be executed by majority of the disinterested persons, provided all three had notice of meeting and opportunity to be present. 111 C. 591. Statute does not apply if testator appoints someone to make the division. 117 C. 374. Cited. 121 C. 112.

      Annotation to former section 45-272a:

      Cited. 2 CA 729.

      Sec. 45a-435. (Formerly Sec. 45-272b). Personal property that may be set out to spouse from insolvent estate. When the personal property of the deceased, exclusive of household goods exempt from execution, is not sufficient for the payment of his or her debts, the Court of Probate shall set out such household goods and may set out any other exempt property to the surviving spouse.

      (1949 Rev., S. 7034; P.A. 74-91, S. 2; P.A. 80-476, S. 321.)

      History: P.A. 74-91 substituted "surviving spouse" for references to widows; P.A. 80-476 substituted "property" for "estate" and rephrased provisions; Sec. 45-251 transferred to Sec. 45-272b in 1981; Sec. 45-272b transferred to Sec. 45a-435 in 1991.

      Sec. 45a-436. (Formerly Sec. 45-273a). Succession upon death of spouse. Statutory share. (a) On the death of a spouse, the surviving spouse may elect, as provided in subsection (c) of this section, to take a statutory share of the real and personal property passing under the will of the deceased spouse. The "statutory share" means a life estate of one-third in value of all the property passing under the will, real and personal, legally or equitably owned by the deceased spouse at the time of his or her death, after the payment of all debts and charges against the estate. The right to such third shall not be defeated by any disposition of the property by will to other parties.

      (b) If the deceased spouse has by will devised or bequeathed a portion of his or her property to his or her surviving spouse, such provision shall be taken to be in lieu of the statutory share unless the contrary is expressly stated in the will or clearly appears therein; but, in any such case, the surviving spouse may elect to take the statutory share in lieu of the provision of the will.

      (c) The surviving spouse, or the conservator or guardian of the estate of the surviving spouse, with the approval, after notice and hearing, of the court of probate by which such conservator or guardian was appointed, shall, not later than one hundred fifty days from the date of the appointment of the first fiduciary, as defined in section 45a-353, file a notice, in writing, of his or her intention to take the statutory share with the court of probate before which the estate is in settlement, and if such notice is not so filed, the surviving spouse shall be barred of such statutory share.

      (d) If the court of probate has allowed a support allowance under section 45a-320 from the deceased spouse's estate for support of the surviving spouse and for the support of his or her family, the surviving spouse shall not take his or her statutory share until the expiration of the time for which the support allowance is made.

      (e) The statutory share shall be set out by the fiduciary charged with the administration of the estate or, in the discretion of the probate court on its own motion or on application by any interested person, by distributors appointed by the court of probate. The statutory share may consist of personal property or real property, or both, according to the judgment of the fiduciary or distributors.

      (f) The provisions of this section with regard to the statutory share of the surviving spouse in the property of the deceased spouse shall not apply to any case in which, by written contract made before or after marriage, either party has received from the other what was intended as a provision in lieu of the statutory share.

      (g) A surviving husband or wife shall not be entitled to a statutory share, as provided in subsection (a) of this section, or an intestate share, as provided in section 45a-437, in the property of the other if such surviving spouse, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.

      (h) The provisions of this section shall apply to estates of all persons dying on or after July 1, 1985.

      (1949 Rev., S. 7309; 1949, 1951, 1955, S. 3002d; 1961, P.A. 64; 1963, P.A. 325; 1969, P.A. 233, S. 1; P.A. 73-36, S. 1, 2; P.A. 76-435, S. 61, 82; P.A. 78-199, S. 2; P.A. 80-476, S. 322; P.A. 85-332, S. 1, 2; P.A. 87-384, S. 33; P.A. 89-56, S. 1; P.A. 90-45, S. 5; 90-146, S. 9; P.A. 98-219, S. 27.)

      History: 1961 act authorized one-third life use share to be set out by fiduciary charged with administration of estate and described setting out by distributors as "in the discretion of the probate court on its own motion or upon application by any interested person"; 1963 act clarified provisions with specific references to surviving spouse and conservator or guardian of estate; 1969 act replaced remaining references to "wife", i.e. widow, with references to surviving spouse; P.A. 73-36 replaced previous provisions whereby if no will exists, survivor is to take (1) one-third share absolutely, or (2) if no children, total estate to $5,000 and one-third of remainder, or (3) if no children or parents, total estate absolutely, with new provisions, applicable to estates of all persons dying on or after January 1, 1974; P.A. 76-435 added Subsec. (b) re applicability of provisions; P.A. 78-199 added Subsec. (c) including children born out of wedlock as "issue"; Sec. 46-12 transferred to Sec. 45-273a in 1979; P.A. 80-476 divided former Subsec. (a) into Subsecs. (a) and (b), relettering former Subsecs. (b) and (c) accordingly and made minor changes in wording; P.A. 85-332 amended Subsec. (b) increasing share of surviving spouse of intestate estate from the first $50,000 to the first $100,000 and made provisions of section applicable to estates of all persons dying on or after July 1, 1985; P.A. 87-384 deleted "within two months after the expiration of the time limited for the exhibition of claims against the estate" and substituted "not later than two hundred ten days from the date of appointment of the first fiduciary"; P.A. 89-56 amended Subsec. (a) to delete provision which barred either party being entitled to such statutory share if such party without sufficient cause abandoned the other and continued such abandonment to the other's death and added a new Subsec. (c) re the bar on entitlement by a surviving husband or wife to an elective or intestate share if such surviving spouse has abandoned the other, and relettered former Subsecs. (c) and (d) accordingly; P.A. 90-45 reduced the time period for filing notice of intent to take the statutory share from 210 to 150 days from the appointment of the first fiduciary; P.A. 90-146 revised section by defining "statutory share" and removing provisions re distribution of property to surviving spouse if there is no will; Sec. 45-273a transferred to Sec. 45a-436 in 1991; P.A. 98-219 amended Subsec. (c) by deleting "public" before "notice".

      Annotations to former section 46-12:

      Rights of wife in general; in stock which husband has agreed to bequeath to his son; in estate tail of husband dying without issue. 66 C. 401; 68 C. 92. This section does not prevent husband or wife during life from disposing of or encumbering property. Id., 101; 71 C. 237. History of provision. 72 C. 153. Widow may be put to election between claiming gift in will and statutory right. 74 C. 131; 79 C. 621; 80 C. 47. Widow's right not entitled to peculiar favor. 78 C. 484. What constitutes abandonment. 90 C. 210; 107 C. 106; 123 C. 424. Court cannot make allowance for husband's support from estate of wife. 91 C. 76. Wife as sole heir; "heir" is construed under law existing at death of relative. 98 C. 826; 103 C. 129; 106 C. 196. Widow's renunciation of provisions in will and election to take under statute may affect other gifts in will; statutory share is not lost by remarriage after death of husband; insurance policy made payable to wife as sole beneficiary not included in computing her share of estate. 100 C. 371. "Heir" in will may include husband or wife. 106 C. 184. The interest of the surviving spouse includes only property inventoried and distributable in this jurisdiction. 110 C. 36. Husband entitled to income from date of death. Id. Status of child adopted in another state. 115 C. 163. Cited. Id., 273; 122 C. 62; 126 C. 657; 127 C. 723. When statutory share is set out, general legacies should be first taken. 120 C. 91. Having elected statutory share, husband not entitled to interstate portion. 121 C. 594. Contract whereby each spouse releases statutory share valid even though no physical consideration transferred. 132 C. 140. Construction of "amount to which my wife may be entitled under the laws and statutory enactments" of Connecticut. 133 C. 701. Cited. 135 C. 252; 139 C. 494; 140 C. 147, 153. Wife elected statutory share in lieu of will, but this not a bar to obtaining larger share if will found invalid and total intestacy results. 146 C. 188. Cited. 149 C. 129. Not fraud upon wife for husband to dispose of his property before death to reduce his estate. 151 C. 367. Cited. 159 C. 486. Cited. 165 C. 376. Provision in husband's will that wife's legacy was in lieu of statutory allowance for support pending settlement of estate is contrary to public policy and void. 168 C. 101.

      Cited. 10 CA 183.

      Where voidable marriage not judicially pronounced invalid during lifetime, death of one of the parties ends all opportunity to do so. 3 CS 1. Cited. 4 CS 385; 5 CS 142. Section not applicable where claim of surviving husband is to property which never belonged to wife. 6 CS 141. Cited. 11 CS 135; Id., 171. Using the word "accept" in place of "receive" gives the meaning that was intended. 12 CS 139. Cited. 20 CS 88; 21 CS 92; 26 CS 259. Cited. 31 CS 271.

      Annotations to former section 45-273a:

      Discussion of ante nuptial agreements. 181 C. 482. Cited. 183 C. 35. Cited. 192 C. 138. Cited. 226 C. 51.

      Cited. 10 CA 183. Cited. 17 CA 431.

      Statutory approval of contracts entered into in contemplation of marriage in which each prospective spouse releases any claim to property owned by the other at time of marriage or thereafter, agreeing that on death of either, survivor should have no claim to his or her property. 33 CS 44.

      Subsec. (a):

      Cited. 211 C. 121.

      Annotations to present section:

      Cited. 226 C. 51.

      Subsec. (f):

      Cited. 238 C. 839.

      Sec. 45a-437. Intestate succession. Distribution to spouse. (a) If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to section 45a-320, which the surviving spouse shall take is:

      (1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely;

      (2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely;

      (3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely;

      (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.

      (b) For the purposes of this section issue shall include children born out of wedlock and the issue of such children who qualify for inheritance under the provisions of section 45a-438.

      (P.A. 90-146, S. 10; P.A. 92-118, S. 4.)

      History: P.A. 92-118 changed reference to "45a-437" to "45a-438".

      See Sec. 45a-436(g) re intestate share of surviving spouse who, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.

      Cited. 226 C. 51.

      Cited. 34 CA 579.

      Subsec. (a):

      Subdiv. (4) cited. 238 C. 839.

      Sec. 45a-438. (Formerly Sec. 45-274). Distribution to children. Children born out of wedlock may inherit. (a) After distribution has been made of the intestate estate to the surviving spouse in accordance with section 45a-437, all the residue of the real and personal estate shall be distributed in equal proportions, according to its value at the time of distribution, among the children and the legal representatives of any of them who may be dead, except that children or other descendants who receive estate by advancement of the intestate in the intestate's lifetime shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made.

      (b) Except as provided in section 45a-731, for purposes of intestate succession by, through or from a person, an individual is the child of his genetic parents, regardless of marital status of such parents. With respect to a child born out of wedlock, the father of a child born out of wedlock shall be considered a parent if (1) the father and mother have married after the child's birth, or (2) the father has been adjudicated the father of the child by a court of competent jurisdiction, or (3) the father has acknowledged under oath in writing that he is the father of the child, or (4) after the death of either the father or the child, paternity has been established by the Probate Court by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.

      (c) For the purposes of this section legal representatives shall include legal representatives of children born out of wedlock, provided any such child qualifies for inheritance under subsection (b) of this section.

      (1949 Rev., S. 7058; P.A. 78-199, S. 1; P.A. 90-146, S. 11; P.A. 91-109, S. 1; P.A. 95-316, S. 5; P.A. 96-180, S. 159, 166.)

      History: P.A. 78-199 designated previous provisions as Subsecs. (a) and (b) (1) and added Subsecs. (b)(2) and (c) re children born out of wedlock; P.A. 90-146 made technical revisions in Subsec. (a); Sec. 45-274 transferred to Sec. 45a-438 in 1991; P.A. 91-109 amended Subsec. (b) to permit inheritance by child born out of wedlock from father if paternity is established by the probate court, after death of the father or the child, by clear and convincing evidence that father has acknowledged in writing that he is the father of the child and has openly treated the child as his; P.A. 95-316 replaced former Subsec. (b) re children born before marriage and inheritance by children born out of wedlock with new Subsec. (b) which stated that except as provided in Sec. 45a-731, an individual is the child of his genetic parents regardless of their marital status, and set out when the father of a child born out of wedlock shall be considered a parent, and made technical changes in Subsec. (a) and (c); P.A. 96-180 made technical change in Subsec. (b), effective June 3, 1996.

      See Sec. 45a-436 re survivor's succession upon death of spouse, election against will and intestate succession.

      Annotations to former section 45-274:

      Deed with merely nominal consideration presumed to be advancement. 3 C. 34. Illegitimate child inherits from mother. 5 C. 232. Advancement by unauthorized agent inoperative. 6 C. 311. Gifts are presumed to be advancements. Id., 360; But see 20 C. 326. Advancements are to be brought in and made subject of distribution. 7 C. 5; 64 C. 419. Intent governs as to whether property is gift, advancement, or partly each. 16 C. 388; 20 C. 327. Specific legacies not advancements. 17 C. 545. Gift cannot be subsequently changed to advancement. 23 C. 521. Widow's share in personal estate vests instanter on death of husband. 26 C. 352. Advancement not chargeable against widow's third. 64 C. 419. Cited. 65 C. 89. This section legitimatizes children born before marriage for all purposes. 69 C. 303; 90 C. 168. Cited. 69 C. 625; 72 C. 154; 74 C. 131. Intention determines, between loan and advancement; latter can be converted into former only by consent. 79 C. 365. Illegitimate children may inherit from mother. 88 C. 270. State where land lies determines as to its transmission by inheritance. 178 U.S. 186. "Children" does not include those precluded from inheriting from natural parents by section 45-65. 115 C. 165. "Legal representatives" of a deceased child include his lineal descendants. Id., 242. Former statute cited. Id., 273. Cited. 135 C. 252. Heirs at law who take upon intestacy resulting from the failure of a contingent remainder to vest are to be ascertained as of the date of testatrix' death. 137 C. 192. Cited. Id., 610. Meaning of term "legal representatives" should be determined from the context of the will; here held to be a term of limitation. 147 C. 272. Cited. 149 C. 129; 150 C. 125. Cited. 170 C. 212. Cited. 174 C. 482. Unconstitutional as applied to the illegitimate children involved as violation of equal protection clause of U.S. and Connecticut constitutions. 178 C. 181. Cited. 180 C. 114. Cited. 194 C. 52. Cited. 216 C. 523.

      Cited. 38 CS 91.

      Subsec. (b):

      Subdiv. (1) cited. 204 C. 760.

      Cited. 40 CS 151. Subdiv. (2) (B) (ii): Neither the execution of a "statement of parentage" nor the affirmation on an income tax return constituted a valid acknowledgment of paternity since they were not made "under oath". Id.

      Annotations to present section:

      Cited. 34 CA 579.

      Subsec. (b):

      Subdiv. (2) cited. 234 C. 51.

      Subsec. (c):

      Cited. 234 C. 51.

      Sec. 45a-438a. (Formerly Sec. 45-275). Distribution of intestate estate of minor. Section 45a-438a is repealed.

      (1949 Rev., S. 7059; P.A. 80-476, S. 323; P.A. 96-202, S. 13.)

      Sec. 45a-438b. Distribution of intestate estate of child to father where paternity established after death. For the purposes of this chapter, the father of a child born out of wedlock shall be considered a parent, provided paternity is established (1) prior to the death of such father by a court of competent jurisdiction or (2) after the death of such father by the Probate Court, provided paternity established after death is ineffective to qualify the father or his kindred to inherit from or through the child unless it is demonstrated by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.

      (P.A. 91-109, S. 2.)

      Sec. 45a-439. (Formerly Sec. 45-276). Distribution when there are no children or representatives of them. (a)(1) If there are no children or any legal representatives of them, then, after the portion of the husband or wife, if any, is distributed or set out, the residue of the estate shall be distributed equally to the parent or parents of the intestate, provided no parent who has abandoned a minor child and continued such abandonment until the time of death of such child, shall be entitled to share in the estate of such child or be deemed a parent for the purposes of subdivisions (2) to (4), inclusive, of this subsection. (2) If there is no parent, the residue of the estate shall be distributed equally to the brothers and sisters of the intestate and those who legally represent them. (3) If there is no parent or brothers and sisters or those who legally represent them, the residue of the estate shall be distributed equally to the next of kin in equal degree. No representatives shall be admitted among collaterals after the representatives of brothers and sisters. (4) If there is no next of kin, then the residue of the estate shall be distributed equally to the stepchildren and those who legally represent them.

      (b) When any will executed prior to January 1, 1902, fails for any reason to dispose of the whole or any part of the estate of the testator, and such estate becomes intestate, the same shall be distributed in accordance with the statutes of distribution in force at the time such will was executed.

      (c) Real property subject to the life use of husband or wife, remaining undivided at the expiration of such life use, shall be distributed in the same manner by the same or other distributors, or the same may be distributed during the continuance of such life interest and subject thereto.

      (d) In ascertaining the next of kin in all cases, the rule of the civil law shall be used.

      (e) Relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood.

      (1949 Rev., S. 7060; P.A. 80-476, S. 324; P.A. 87-239; 87-355, S. 1; P.A. 91-64.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 87-239 amended Subsec. (a) by eliminating references to relatives of the whole and half blood and added Subsec. (e) providing "relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood"; P.A. 87-355 amended Subsec. (a) by adding provision allowing distribution of estate residue to stepchildren and their legal representatives in cases where there is no next of kin; Sec. 45-276 transferred to Sec. 45a-439 in 1991; P.A. 91-64 amended Subsec. (a) by adding provision that no parent who abandoned a minor child and continued such abandonment until the death of such child shall be entitled to share in estate of such child or be deemed a parent for the purposes of Subsec. (a)(2) to (4), inclusive.

      See Sec. 45a-436 re survivor's succession upon death of spouse, election against will and intestate succession.

      See Sec. 46b-172(a) re establishment of paternity by acknowledgment.

      See Sec. 46b-216 re support of surviving spouse by heirs.

      Annotations to former section 45-276:

      Illegitimate children from same mother may inherit from each other. 2 R. 281. Prior to 1784 half-blood equally entitled to ancestral estate. 2 D. 112. "Next of kin" determined by rules of civil law. 3 D. 212. Law of domicile governs distribution of personal estate. 9 C. 199; 16 C. 133; 21 C. 582. Nephews and nieces take per stirpes. 25 C. 391. Real estate bought with avails of ancestral estate is not ancestral estate. 28 C. 339; 40 C. 449. Ancestor means one from whom estate immediately descended. 37 C. 405; 46 C. 123. Even former statute gave parent no right to inherit ancestral real estate. 38 C. 407; 58 C. 209. Illegitimate children are heirs through their mother of collateral kindred. 42 C. 509. Aliens take personal property under statute of distribution. 51 C. 439. Cited. 64 C. 54. Heirs tracing descent through aliens are not excluded. Id., 292. "Representatives" means lineal descendants taking per stirpes. 65 C. 89. Cited. 70 C. 211. Former provisions as to ancestral estate construed. 77 C. 310; 81 C. 171; 91 C. 12. Legitimacy of children under laws of state of parents' domicile at time of their birth is recognized here unless public policy or some positive law is violated. 90 C. 166. "Heirs at law" presumptively means those entitled to inherit under statute of distributions. 100 C. 335. Grandchildren of deceased brothers and sisters come within phrase "those who legally represent them". 115 C. 239. Former statute cited. Id., 273. Cited. 120 C. 108. Limitation of representation among collaterals to "brothers and sisters" means brothers and sisters of intestate, not brothers and sisters of surviving aunt. 160 C. 463. Cited. 174 C. 482. Cited. 194 C. 635. Cited. 213 C. 637.

      Cited. 7 CS 235; 10 CS 507; 22 CS 123; 26 CS 63. Cited. 31 CS 271.

      Subsec. (a):

      Subdiv. (1): Under current provisions of section right of parent to inherit from deceased minor child unaffected by parent's abandonment or neglect. 211 C. 121.

      Sec. 45a-440. (Formerly Sec. 45-287). Simultaneous death; disposition of property. (a) When no sufficient evidence of survivorship. When the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this section.

      (b) Successive beneficiaries. When two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and such portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.

      (c) Joint tenants. When there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.

      (d) Life or accident insurance. When the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

      (e) Applicability. This section shall not apply to the distribution of the property of a person who died before October 1, 1943, and shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision had been made for distribution of property otherwise than as provided by this section.

      (1949 Rev., S. 7070.)

      History: Sec. 45-287 transferred to Sec. 45a-440 in 1991.

      Annotations to former section 45-287:

      Cited. 16 CS 442. Proceeds paid to estate of beneficiary who died in a common disaster with insured may be recovered by estate of insured. 20 CS 355.

      Sec. 45a-440a. (Formerly Sec. 45-287a). When deaths of husband and wife presumed simultaneous. It shall be presumed that the deaths of husband and wife were simultaneous when there is no evidence to indicate the priority of death of either.

      (1949 Rev., S. 7048.)

      History: Sec. 45-261 transferred to Sec. 45-287a in 1981; Sec. 45-287a transferred to Sec. 45a-440a in 1991.

      See Sec. 45a-440 re disposition of property in cases involving simultaneous death.

      Annotation to former section 45-261:

      Where husband and wife perish in same disaster and there is no conclusive evidence who died first, method provided for distribution in statute will apply. 16 CS 441.

      Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee. When a devisee or legatee, being a child, stepchild, grandchild, brother or sister of the testator, dies before him, and no provision has been made in the will for such contingency, the issue of such devisee or legatee shall take the estate so devised or bequeathed.

      (1949 Rev., S. 6954; P.A. 87-355, S. 2.)

      History: Sec. 45-176 transferred to Sec. 45-276a in 1981; P.A. 87-355 applied provisions to stepchildren; Sec. 45-276a transferred to Sec. 45a-441 in 1991.

      Annotations to former section 45-176:

      Cited. 65 C. 41. Creates in effect a gift to the legatee and to his issue in case he dies before testator. 74 C. 144. "Brother" includes half-brother. 79 C. 563. Section applies though will republished after death of legatee. 88 C. 406. Cited. 93 C. 76. Applies to gifts to a class, but will not avail where decedent died before will was made and so never became a member of the class. 97 C. 438. Cited. 124 C. 584; 127 C. 9; 159 C. 35.

      Statute extended to cover situation where a brother of the testator died before the will was executed; the legacies were distributed per stirpes. 11 CS 133.

      Annotation to present section:

      Cited. 218 C. 220.

      Statute is intended to prevent unintended disinheritance and intestacy, is remedial and should be read liberally and therefore, in this case, allows heirs of deceased beneficiary to inherit even where will named beneficiary "if she survives me" because will contained no contingent provisions for share of estate in the event of beneficiary's death. 93 CA 432.

      Sec. 45a-442. (Formerly Sec. 45-276b). Lapsed devises of real property. When a specific devise of real property in any will executed after October 1, 1947, is void or lapses or for any other reason fails to take effect, the real property so devised, except as provided in section 45a-441, in the absence of any provision in the will for such contingency, shall pass under and be disposed of by the residuary clause in the will.

      (1949 Rev., S. 6955; P.A. 80-476, S. 325.)

      History: P.A. 80-476 substituted "real property" for "real estate"; Sec. 45-177 transferred to Sec. 45-276b in 1981; Sec. 45-276b transferred to Sec. 45a-442 in 1991.

      Sec. 45a-443. (Formerly Sec. 45-285). Shares may be set out in real or personal property. After the share or interest of the husband or wife has been distributed and set out, in the distribution of any estate, the share or interest of any distributee of the estate may be distributed and set out to such distributee in real or personal property, or both.

      (1949 Rev., S. 7068; P.A. 80-476, S. 326.)

      History: P.A. 80-476 substituted "personal property" for "personal estate" and made other minor changes; Sec. 45-285 transferred to Sec. 45a-443 in 1991.

      Sec. 45a-444. (Formerly Sec. 45-282). Distribution of real property held by different titles. When different parcels of real property have descended to the same persons as heirs of different intestates or have been devised to the same devisees by different testators, the court of probate having jurisdiction of the several estates of such deceased persons may cause such real property to be distributed among such joint owners by distributors appointed for that purpose, in the same manner as though the whole of such real property were held under one and the same title. Such distribution, when accepted by the court, shall be valid.

      (1949 Rev., S. 7065; P.A. 80-476, S. 327.)

      History: P.A. 80-476 substituted "real property" for "real estate" and made minor changes in wording; Sec. 45-282 transferred to Sec. 45a-444 in 1991.

      Sec. 45a-445. (Formerly Sec. 45-283). Distribution of proceeds of deceased minor's real property. The proceeds of the real property of any minor sold under an order or decree of any court empowered to order such sale and any investment of such proceeds which have not been expended for such minor according to law shall, in case of his decease, be distributed as such real property would have been if unsold.

      (1949 Rev., S. 7066; P.A. 80-476, S. 328.)

      History: P.A. 80-476 rephrased provisions and substituted "real property" for "real estate"; Sec. 45-283 transferred to Sec. 45a-445 in 1991.

      Sec. 45a-446. (Formerly Sec. 45-277). Distribution when heir, legatee or distributee is presumed to be dead. Liability of fiduciary. (a) If, at any hearing before a court of probate on an application for an order for the distribution of the estate or for the payment of legacies provided for in the will of a deceased person whose estate is in process of settlement in the court, it is found by the court that any person who if living would be an heir at law of such decedent, or a legatee or distributee under such will, has been absent from his home and unheard of for a period of seven years or more next prior to the date of the death of the decedent and until the date of such hearing, the court shall find as a presumptive fact that such person died prior to the death of the decedent whose estate is in settlement, and shall order such distribution of the estate or payment of such legacies as would have been made if such person was known to have died prior to the death of the decedent whose estate is in settlement.

      (b) 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. 7061; P.A. 80-476, S. 329; P.A. 94-79, S. 2.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-277 transferred to Sec. 45a-446 in 1991; P.A. 94-79 deleted former Subsec. (b) that had required a person entitled to receive a legacy or distribution pursuant to Subsec. (a) to post a surety bond in the event the person presumed to be dead reappears and demands the amount paid or distributed, provided that the legacy or amount to be distributed be placed at interest if such person fails to post a bond with the interest paid annually to the person entitled to receive such estate, and prohibited the payment or distribution without the required security until five years after the death of the person whose estate is in settlement and replaced Subsec. (c) re liability of the fiduciary, distributee and legatee to the person presumed to be dead and to his executors, administrators, heirs or assigns with new Subsec. (b) re liability of the fiduciary to the person presumed to be dead in any action for the recovery of the estate.

      Annotations to former section 45-277:

      Heir taking under this statute may plead statute of limitations to suit to recover brought by missing heir. 90 C. 569.

      Superior court cannot determine heirs and distributees, only probate court may. 7 CS 106.

      Sec. 45a-447. (Formerly Sec. 45-279). Person adjudged or determined to be guilty of killing another ineligible to inherit from or receive property or insurance or annuity proceeds as beneficiary of victim. Action in Superior Court re guilt. (a)(1) A person finally adjudged guilty, either as the principal or accessory, of any crime under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55 or 53a-55a, or in any other jurisdiction, of any crime, the essential elements of which are substantially similar to such crimes, or a person determined to be guilty under any of said sections pursuant to this subdivision, shall not inherit or receive any part of the estate of (A) the deceased, whether under the provisions of any act relating to intestate succession, or as devisee or legatee, or otherwise under the will of the deceased, or receive any property as beneficiary or survivor of the deceased, or (B) any other person when such homicide or death terminated an intermediate estate, or hastened the time of enjoyment. For the purposes of this subdivision, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that an heir, devisee, legatee or beneficiary of the deceased who has predeceased the interested person would have been adjudged guilty, either as the principal or accessory, under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55 or 53a-55a had the heir, devisee, legatee or beneficiary survived.

      (2) With respect to inheritance under the will of the deceased, or rights to property as heir, devisee, legatee or beneficiary of the deceased, the person whose participation in the estate of another or whose right to property as such heir, devisee, legatee or beneficiary is so prevented under the provisions of this section shall be considered to have predeceased the person killed.

      (3) With respect to property owned in joint tenancy with rights of survivorship with the deceased, such final adjudication as guilty shall be a severance of the joint tenancy, and shall convert the joint tenancy into a tenancy in common as to the person so adjudged and the deceased but not as to any remaining joint tenant or tenants, such severance being effective as of the time such adjudication of guilty becomes final. When such jointly owned property is real property, a certified copy of the final adjudication as guilty shall be recorded by the fiduciary of the deceased's estate, or may be recorded by any other interested party in the land records of the town where such real property is situated.

      (b) In all other cases where a defendant has been convicted of killing another person, the right of such defendant to inherit or take any part of the estate of the person killed or to inherit or take any estate as to which such homicide terminated an intermediate estate, or hastened the time of enjoyment, or to take any property as beneficiary or survivor of the deceased shall be determined by the common law, including equity.

      (c) (1) A named beneficiary of a life insurance policy or annuity who intentionally causes the death of the person upon whose life the policy is issued or the annuitant, is not entitled to any benefit under the policy or annuity, and the policy or annuity becomes payable as though such beneficiary had predeceased the decedent.

      (2) (A) A conviction under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55 or 53a-55a, or a determination pursuant to subparagraph (B) of this subdivision that a named beneficiary would have been found guilty under any of said sections had the named beneficiary survived, shall be conclusive for the purposes of this subsection.

      (B) For the purposes of this subsection, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that a named beneficiary who has predeceased the interested person would have been found guilty under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55 or 53a-55a had the named beneficiary survived.

      (C) In the absence of such a conviction or determination, the Superior Court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity.

      (D) In any proceeding brought under this subsection, the burden of proof shall be upon the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity.

      (3) Any insurance company making payment according to the terms of its policy or annuity is not liable for any additional payment by reason of this section unless it has received at its home office or principal address written notice of a claim under this section prior to such payment.

      (1949 Rev., S. 7062; February, 1965, P.A. 514; 1967, P.A. 264, S. 1; 1971, P.A. 871, S. 118; P.A. 80-476, S. 330; P.A. 83-467; P.A. 85-523, S. 2, 9; P.A. 09-201, S. 1.)

      History: 1965 act rephrased existing provisions and added Subsec. (b); 1967 act added provisions re rights to property; 1971 act deleted references to "degrees" of murder, i.e. first and second; P.A. 80-476 rephrased provisions and substituted "real property" for "real estate" and "fiduciary" for "executor or administrator"; P.A. 83-467 added Subsec. (c) re distribution of benefits of annuity or life insurance to named beneficiary who intentionally causes death of insured; P.A. 85-523 deleted "murder" and prohibited inheritance by person guilty of any crime under Sec. 53a-54a or 53a-54b, or in any other jurisdiction, of any crime the essential elements of which are substantially similar, and added references to right of heirs, devisees and legatees; Sec. 45-279 transferred to Sec. 45a-447 in 1991; P.A. 09-201 inserted Subdiv. designators (1) to (3) in Subsec. (a) and Subpara. designators (A) to (D) in Subsec. (c)(2), referenced Secs. 53a-54c, 53a-54d, 53a-55 and 53a-55a in Subsec. (a)(1), amended Subsecs. (a)(1) and (c)(2) to allow interested person to bring an action in Superior Court for determination that person who predeceased the interested person would have been adjudged guilty under any enumerated section, and made technical changes.

      Annotations to former section 45-279:

      Does not preclude a felonious killer of his benefactor from succeeding to her property, whether by will or under the succession statute, unless he has been convicted of either first or second degree murder. 139 C. 491.

      Murder does not include manslaughter. 17 CS 373.

      Subsec. (a):

      Cited. 211 C. 121.

      Subsec. (b):

      Cited. 211 C. 121.

      Subsec. (c):

      Subdiv. (1) cited. 211 C. 121. Subdiv. (2) cited. Id.

      Sec. 45a-448. (Formerly Sec. 45-280). Distribution of damages for causing death. (a) All damages recovered for injuries resulting in death, which death occurred before October 1, 1961, after payment of the costs and expenses of suit, all expenses of last illness and all funeral bills, the expenses of administration and such amount for the support of the surviving spouse or family of the deceased during the settlement of the estate as the Court of Probate may allow, shall be distributed in accordance with the law concerning the distribution of intestate personal estate.

      (b) All damages recovered for injuries resulting in death, which death occurred on or after October 1, 1961, after payment of the costs and expenses of suit, all expenses of last illness and all funeral bills, the expenses of administration and claims against the estate and such amount for the support of the surviving spouse or family of the deceased during the settlement of the estate as the Court of Probate may allow, shall be distributed as personal estate in accordance with the last will and testament of the deceased if there is one or, if not, in accordance with the law concerning the distribution of intestate personal estate. Such damages shall not be subject to taxation under the provisions of chapter 216.

      (1949 Rev., S. 7063; 1955, S. 2947d; 1961, P.A. 68; 458; 1969, P.A. 581, S. 1; P.A. 80-476, S. 331.)

      History: 1961 acts specified distribution "as personal estate in accordance with the last will and testament of the deceased if there is one", and clearly distinguished between cases where death occurred before October 1, 1961, and cases where death occurred after that date; 1969 act required payment of claims against estate before recovered damages are distributed as personal estate and specified that damages are not subject to taxation under Ch. 216; P.A. 80-476 divided section into Subsecs. and made minor change in wording; Sec. 45-280 transferred to Sec. 45a-448 in 1991.

      Annotations to former section 45-280:

      In absence of averments to contrary, always presumed, if there is no widow or husband, or lineal descendants, that there are heirs to whom distribution can be made. 64 C. 487. Complaint not insufficient if there is no allegation that deceased left heirs. 69 C. 284. When death instantaneous, personal representatives not limited to recovery of nominal damages. 72 C. 623; 73 C. 616. Contributory negligence of persons entitled to receive damages will not bar recovery. 78 C. 284. What elements of damage recoverable. 103 C. 529; 108 C. 647; 132 C. 467. Fact that heirs taking under this statute were defendants who caused death is immaterial. 108 C. 647. Reimbursement of employer for workmen's compensation paid to decedent's dependents. 116 C. 95. Former statute cited. 122 C. 90. Cited. 135 C. 252. Administrator holds fund as a trust to meet charges to which statute explicitly subjects it. Creditors other than those expressly mentioned in statute are precluded from asserting claims against fund. 137 C. 604. Cited. 144 C. 659. Such damages do not become general assets of the estate but can only be used to meet the charges to which this section subjects them. 147 C. 233. Cited. 153 C. 362.

      Cited. 1 CS 136.

      Subsec. (b):

      Cited. 187 C. 53. Cited. 203 C. 187. Cited. 211 C. 121.

      Sec. 45a-449. (Formerly Sec. 45-278). Property due person residing outside United States. When it appears that a legatee, distributee, cestui or beneficiary not residing within the territorial limits of the United States of America or any territory or possession thereof would not have the benefit or use or control of property due him or that special circumstances make it desirable that delivery to him be deferred, any court of probate may in its discretion order: (1) That such legacy or distributive share be paid in whole or in part, to the executor, administrator, trustee or interested party for use by him in the purchase of goods such as food, clothing, medicine and the necessities of life to be sent to such legatee, distributee, cestui or beneficiary and that thereafter the executor, administrator, trustee or interested person account to the court indicating the purchase of such goods and forwarding the receipt for the same sent by said legatee, distributee, cestui or beneficiary; or (2) that such property be converted into available funds and paid to the State Treasurer, to be invested by him at his discretion and, together with any proceeds thereof, to be held subject to such further order as such court may enter, provided the reasonable fees, as allowed by such court, of the attorney for any such legatee, distributee, cestui or beneficiary whose funds are payable to the State Treasurer hereunder shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the State Treasurer.

      (1951, 1953, S. 2946d; 1967, P.A. 781.)

      History: 1967 act added provisions designated as Subdiv. (1) re payments to executor, administrator, etc. for use in purchase of food, clothing, medicine etc.; Sec. 45-278 transferred to Sec. 45a-449 in 1991.

      Annotations to former section 45-278:

      Cited. 153 C. 545. In absence of finding or offer of proof of power of attorney appellant claimed was given him by Lithuanian legatee whose funds were held by state treasurer, order of probate court releasing funds to Lithuanian consul at request of legatee was affirmed. 156 C. 547.

      Court held beneficiaries in Poland would have full use, benefit and control of inherited funds. 25 CS 187.

      Sec. 45a-450. (Formerly Sec. 45-286). Descent or distribution of real property to be recorded. (a) When the real property of any deceased person, or any part thereof or interest therein, is devised or distributed or set out to the devisee or devisees, heir or heirs or spouse of such decedent or is legally divided by the voluntary act of all the persons interested therein or descends to the heir or heirs or spouse of such decedent, the fiduciary of the estate of such decedent shall, within one month thereafter, or, in case of descent to the heir or heirs or spouse of such decedent, within one month after the acceptance by the court of the final administration account of such fiduciary, procure from the judge, clerk or assistant clerk of the court of probate having jurisdiction of the settlement of the estate of such decedent, and cause to be recorded in the land records of each of the towns in which such real property is situated, a certificate signed by such judge, clerk or assistant clerk. Such certificate shall contain the name and place of residence of each person to whom such real property, or any portion thereof or interest therein, is distributed, set out or divided or descends, and a particular description of the estate, portion or interest distributed, set out or divided or descending to each person.

      (b) Notwithstanding the provisions of subsection (a) of this section, a court of probate may, upon request of the fiduciary responsible for filing the account and after such notice and hearing as the court may order, issue a certificate as provided in said subsection prior to the acceptance of a final administration account if it finds that issuing such certificate is in the best interests of the parties in interest.

      (c) If any fiduciary fails to perform the duties imposed upon him by the provisions of this section, he shall be fined not more than twenty-five dollars.

      (1949 Rev., S. 7069; P.A. 77-15; P.A. 80-476, S. 332; P.A. 90-16.)

      History: P.A. 77-15 deleted provision which set fee for making certificate of distribution at same rate as fee for copies of probate records and which specified that fees are to be paid as part of expenses of settling the estate; P.A. 80-476 divided section into Subsecs., substituted "property" for "estate", "spouse" for "husband or wife" and "fiduciary" for "executor or administrator" and made other minor wording changes; P.A. 90-16 inserted new Subsec. (b) re issuance of certificate prior to acceptance of final account, relettering form Subsec. (b) as (c); Sec. 45-286 transferred to Sec. 45a-450 in 1991.

      See Sec. 12-363 re duty of surviving joint tenant to obtain and record in land records a certificate concerning death of co-owner and payment of succession tax.

      Annotation to former section 45-286:

      Cited. 13 CA 45.

      Sec. 45a-451. (Formerly Sec. 45-286a). Securing of interest of remainderman in personal property after life estate. When a life estate in any personal property is given by will to one with remainder to another, and there is no trustee named for such property during the continuance of the life estate therein, the court of probate having jurisdiction of such will may order the executor to deliver such personal property to the person having the life estate upon his giving a probate bond. It shall be the duty of the person having the life estate thereupon to safely and properly keep such property to be delivered to the person entitled to receive it on the determination of the life estate therein. If such person fails to give bond as provided in this section, the court shall appoint a trustee for such property during the continuance of such life estate who shall give a probate bond. The annual expense of such trust shall be chargeable upon the annual income of such property.

      (1949 Rev., S. 6971; P.A. 80-227, S. 17, 24; 80-476, S. 333.)

      History: P.A. 80-227 required trustee to give probate bond, effective July 1, 1981; P.A. 80-476 rephrased provisions and substituted "property" for "estate"; Sec. 45-183 transferred to Sec. 45-286a in 1981; Sec. 45-286a transferred to Sec. 45a-451 in 1991.

      Annotations to former section 45-183:

      At common law life tenant of personal property may be compelled to give security in case of real danger of loss or removal. 8 C. 363; 13 C. 46; 34 C. 178. This section applies to all life legatees. 44 C. 463. This section does not interfere with powers of courts of equity in similar cases. 53 C. 172. Will may direct otherwise. 57 C. 201. Bond covers trustee's duties on termination of life estate. 60 C. 542. No other security or protection can be ordinarily required. Id., 541. Under what circumstances bond may be required. 65 C. 181, Id., 227; 69 C. 415; 71 C. 157. No bond can be required of a tenant in tail of personal property. 72 C 31. Life tenant may be restrained by injunction from using fund until bond given, where she has been wasting it. 80 C. 413. Statute applies to life tenant who is in effect a trustee. 91 C. 464. Bond is for protection of all persons interested in remainder, including persons entitled thereto through exercise of power of appointment given to life tenant. 124 C. 429. Statute does not apply to determinable fee; to obtain security in such case application should be made to court of equity having jurisdiction. 129 C. 353.

      Sec. 45a-452. (Formerly Sec. 45-287b). When property escheats to the state. Procedure. When a probate court cannot identify or locate the person entitled to a distribution of property from an estate or trust being administered by it, or when a probate court determines that no person is entitled to any property on hand for distribution, the probate court shall order distribution of such property to the State Treasurer as abandoned property in accordance with the provisions of part III of chapter 32. A probate court shall cause reasonable efforts to be made to identify and locate the person entitled to the property for distribution before ordering distribution as abandoned property. Nothing in this section shall prevent a court of probate from approving an agreement pursuant to section 45a-434 provided all undetermined or missing distributees are represented by counsel and any such agreement is signed by such counsel.

      (1949 Rev., S. 7078; 1961, P.A. 540, S. 26; P.A. 80-476, S. 334; P.A. 95-316, S. 12.)

      History: 1961 act specified that when no owner of estate can be found estate shall be presumed abandoned; P.A. 80-476 restated provisions; Sec. 45-296 transferred to Sec. 45-287b in 1981; Sec. 45-287b transferred to Sec. 45a-452 in 1991; P.A. 95-316 entirely replaced former provisions with probate procedure re distribution of abandoned property to State Treasurer.

      See Secs. 3-57a, 3-59a-3-64a re presumption of abandonment of property or ownership interest in business.

      Annotation to former section 45-296:

      Cited. 141 C. 471.

      Secs. 45a-453 to 45a-457. Reserved for future use.

PART X
CONNECTICUT UNIFORM DISPOSITION
OF COMMUNITY PROPERTY RIGHTS AT DEATH ACT

      Sec. 45a-458. (Formerly Sec. 45-298a). Short title: Connecticut Uniform Disposition of Community Property Rights at Death Act. Sections 45a-458 to 45a-466, inclusive, may be cited as the "Connecticut Uniform Disposition of Community Property Rights at Death Act".

      (P.A. 85-340, S. 1.)

      History: Sec. 45-298a transferred to Sec. 45a-458 in 1991.

      Sec. 45a-459. (Formerly Sec. 45-298b). Application of chapter. The provisions of sections 45a-458 to 45a-466, inclusive, shall apply to the disposition at death of the following property acquired by a married person:

      (1) All personal property, wherever situated: (A) Which was acquired as, or became and remained, community property under the laws of another jurisdiction; or (B) all or the proportionate part of that property acquired with the rents, issues or income of, or the proceeds from or in exchange for, that community property; or (C) traceable to that community property;

      (2) All or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, or the proceeds from or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction, or property traceable to that community property.

      (P.A. 85-340, S. 2.)

      History: Sec. 45-298b transferred to Sec. 45a-459 in 1991.

      Sec. 45a-460. (Formerly Sec. 45-298c). Rebuttable presumptions. In determining the applicability of the provisions of sections 45a-458 to 45a-466, inclusive, to specific property, the following rebuttable presumptions apply:

      (1) Property acquired during marriage by a spouse of the marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which sections 45a-458 to 45a-466, inclusive, apply; and

      (2) Real property situated in this state, and personal property wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which sections 45a-458 to 45a-466, inclusive, apply.

      (P.A. 85-340, S. 3.)

      History: Sec. 45-298c transferred to Sec. 45a-460 in 1991.

      Sec. 45a-461. (Formerly Sec. 45-298d). Disposition of property at death. Upon death of a married person, one-half of the property to which sections 45a-458 to 45a-466, inclusive, apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of such property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. With respect to property to which sections 45a-458 to 45a-466, inclusive, apply, the one-half of the property which is the property of the decedent is not subject to the right of the surviving spouse to elect against the will.

      (P.A. 85-340, S. 4.)

      History: Sec. 45-298d transferred to Sec. 45a-461 in 1991.

      Sec. 45a-462. (Formerly Sec. 45-298e). Perfection of title of surviving spouse. If the title to any property to which sections 45a-458 to 45a-466, inclusive, apply was held by the decedent at the time of death, title to such property of the surviving spouse may be perfected by an order of the Probate Court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the Probate Court. Neither the personal representative nor the probate court in which the estate of the decedent is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which sections 45a-458 to 45a-466, inclusive, apply, unless a written demand is made by the surviving spouse or the spouse's successor in interest.

      (P.A. 85-340, S. 5.)

      History: Sec. 45-298e transferred to Sec. 45a-462 in 1991.

      Sec. 45a-463. (Formerly Sec. 45-298f). Perfection of title of personal representative, heir or devisee. If the title to any property to which sections 45a-458 to 45a-466, inclusive, apply is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which sections 45a-458 to 45a-466, inclusive, apply unless a written demand is made by an heir, devisee or creditor of the decedent.

      (P.A. 85-340, S. 6.)

      History: Sec. 45-298f transferred to Sec. 45a-463 in 1991.

      Sec. 45a-464. (Formerly Sec. 45-298g). Security interest of purchaser for value or lender. (a) If a surviving spouse has apparent title to property to which sections 45a-458 to 45a-466, inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.

      (b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which sections 45a-458 to 45a-466, inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.

      (c) A purchaser for value or a lender shall not be required to inquire whether a vendor or borrower acted properly.

      (d) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.

      (P.A. 85-340, S. 7.)

      History: Sec. 45-298g transferred to Sec. 45a-464 in 1991.

      Sec. 45a-465. (Formerly Sec. 45-298h). Creditor's rights. Sections 45a-458 to 45a-466, inclusive, shall not (1) affect rights of creditors with respect to property to which said sections apply; (2) prevent married persons from severing or altering their interests in property to which said sections apply; or (3) authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.

      (P.A. 85-340, S. 8.)

      History: Sec. 45-298h transferred to Sec. 45a-465 in 1991.

      Sec. 45a-466. (Formerly Sec. 45-298i). Rules of construction. Sections 45a-458 to 45a-466, inclusive, shall be applied and construed so as to make uniform the law with respect to the subject of said sections among those states which enact them.

      (P.A. 85-340, S. 9.)

      History: Sec. 45-298i transferred to Sec. 45a-466 in 1991.

      Sec. 45a-467. Reserved for future use.

PART XI
UNIFORM TRANSFER ON DEATH
SECURITY REGISTRATION ACT

      Sec. 45a-468. Short title: Uniform Transfer on Death Security Registration Act. Construction. (a) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 shall be known and may be cited as the Uniform Transfer on Death Security Registration Act.

      (b) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of said sections among states enacting it.

      (c) Unless displaced by the particular provisions of sections 45a-468 to 45a-468m, inclusive, and section 45a-369, the principles of law and equity supplement their provisions.

      (P.A. 97-42, S. 14.)

      Sec. 45a-468a. Definitions. As used in sections 45a-468 to 45a-468m, inclusive, and section 45a-369, unless the context otherwise requires:

      (1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

      (2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.

      (3) "Heir" means a person, including the surviving spouse, who is entitled under the statutes of intestate succession to the property of a decedent.

      (4) "Person" means an individual, a corporation, an organization, a trustee of an inter vivos trust or other legal entity.

      (5) "Personal representative" includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.

      (6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

      (7) "Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

      (8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

      (9) "Security" means a share, participation, or other interest in property, in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.

      (10) "Security account" means (A) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (B) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

      (11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.

      (P.A. 97-42, S. 1.)

      Sec. 45a-468b. Registration in beneficiary form: Sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.

      (P.A. 97-42, S. 2.)

      Sec. 45a-468c. Registration in beneficiary form: Applicable law. A security may be registered in beneficiary form if the form is authorized by section 45a-468 to 45a-468m, inclusive, and section 45a-369 or a similar statutory provision of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by sections 45a-468 to 45a-468m, inclusive, and section 45a-369 or a similar statutory provision of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which a similar statutory provision to sections 45a-468 to 45a-468m, inclusive, and section 45a-369 is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.

      (P.A. 97-42, S. 3.)

      Sec. 45a-468d. Designation of beneficiary. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

      (P.A. 97-42, S. 4.)

      Sec. 45a-468e. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.

      (P.A. 97-42, S. 5.)

      Sec. 45a-468f. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.

      (P.A. 97-42, S. 6.)

      Sec. 45a-468g. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

      (P.A. 97-42, S. 7.)

      Sec. 45a-468h. Protection of registering entity. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by sections 45a-468 to 45a-468m, inclusive, and section 45a-369. No registering entity shall accept a request from an owner of a security for registration in beneficiary form unless such request is in writing.

      (b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in sections 45a-468 to 45a-468m, inclusive, and section 45a-369.

      (c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 45a-468g and does so in good faith reliance (1) on the registration, (2) on sections 45a-468 to 45a-468m, inclusive, and section 45a-369, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of sections 45a-468 to 45a-468m, inclusive, and section 45a-369 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under said sections.

      (d) The protection provided by sections 45a-468 to 45a-468m, inclusive, and section 45a-369 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.

      (P.A. 97-42, S. 8.)

      Sec. 45a-468i. Nontestamentary transfer on death. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and is not testamentary.

      (b) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.

      (P.A. 97-42, S. 9.)

      Sec. 45a-468j. Terms, conditions and forms for registration. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.

      (P.A. 97-42, S. 10.)

      Sec. 45a-468k. Taxable transfer. Whenever any security is registered in beneficiary form, the right of any beneficiary to the immediate ownership of any such security shall be a taxable transfer for the purposes of chapter 216.

      (P.A. 97-42, S. 11.)

      Sec. 45a-468l. Liability of beneficiary. When any security registered in beneficiary form has been transferred to a beneficiary of a deceased owner, any such beneficiary shall be liable to the personal representative of the deceased owner for securities so registered or their proceeds pursuant to section 45a-368 for the payment of claims, taxes and expenses of administration against the estate of the decedent, to the extent such claims, taxes and expenses of administration remain unpaid after the application of the other assets of the deceased, provided such liability shall not exceed the value of any such security at the time of the death of the deceased owner divided by the number of beneficiaries.

      (P.A. 97-42, S. 12.)

      Sec. 45a-468m. Applicability. Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 apply to registrations of securities in beneficiary form made before or after October 1, 1997, by decedents dying on or after October 1, 1997.

      (P.A. 97-42, S. 15.)

      Secs. 45a-469 and 45a-470. Reserved for future use.