Title 45a — Title 45a: Probate Courts and Procedure

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 h…

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…

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 publis…

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 exces…

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 …

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 w…

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 fi…

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 survi…

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 refere…

Secs. 45a-385 to 45a-389. Reserved for future use. PART VIII CLAIMS AGAINST DECEDENTS' ESTATESFOR DECEDENTS DYING PRIOR TO OCTOBER 1, 1987

Secs. 45a-390 to 45a-419. (Formerly Secs. 45-204a to 45-205, 45-207 to 45-210, 45-212 to 45-213b, 45-214 to 45-221, 45-223 to 45-228 and 45-230). “Fiduciary” defined; applicability of chapter. Claims to be in writing and sworn to if required. Order of payment of claims. Payment o…

Secs. 45a-420 to 45a-424. Reserved for future use. PART IX* DISTRIBUTION *Annotation to former chapter 795: Cited. 153 C. 57.

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. …

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 oth…

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 t…

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 …

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 est…

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 suffic…

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 …

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…

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, i…

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 a…

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 Probat…

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…

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…

Sec. 45a-438. (Formerly Sec. 45-274). Distribution to children. Inheritance of child from or through parent. (a) After distribution has been made of the intestate estate to the surviving spouse in accordance with section 45a-437,the residue of the real and personal estate shall b…

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. Inheritance of parent from or through child. Except as provided in section 45a-731, for the purposes of this chapter, a parent and the parent's kindred shall qualify for inheritance from or through a child if parentage is established in accordance with the provisio…

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 es…

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 o…

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-…

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 l…

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 …

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 distribu…

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…

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 expende…

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 p…

Sec. 45a-447. (Formerly Sec. 45-279). Person adjudged guilty of certain crimes or found not guilty by reason of mental disease or defect ineligible to inherit from or receive property or insurance or annuity proceeds as beneficiary of victim. Action in Superior Court re guilt. Pe…

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 b…

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…

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 s…

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 continuanc…

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 per…

Secs. 45a-453 to 45a-457. Reserved for future use. PART X CONNECTICUT UNIFORM DISPOSITIONOF 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.…

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 acq…

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 th…

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 d…

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…

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 representa…