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

Sec. 45a-334c. Definitions. As used in sections 45a-334b to 45a-334s, inclusive: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services …

Sec. 45a-334d. Applicability. (a) Sections 45a-334b to 45a-334s, inclusive, apply to: (1) A fiduciary acting under a will or power of attorney executed before, on or after October 1, 2016; (2) An executor acting for a decedent who died before, on or after October 1, 2016; (3) A c…

Sec. 45a-334e. User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient, or not to disclose to a designated recipient, some or all of the user's digital assets, including the content of electr…

Sec. 45a-334f. Terms-of-service agreement. (a) Sections 45a-334b to 45a-334s, inclusive, do not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) Sections 45a-334b to 45a-334s, inclusive, do not …

Sec. 45a-334g. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under sections 45a-334b to 45a-334s, inclusive, the custodian may, at its sole discretion: (1) Grant a fiduciary or designated recipient full access to the user's account; (2) Gra…

Sec. 45a-334h. Disclosure of content of electronic communications of deceased user. If a deceased user consented to, or a court directs disclosure of, the contents of electronic communications of the user, the custodian shall disclose to the executor of the estate of the user the…

Sec. 45a-334i. Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor of the estate of a deceased user a catalogue of electronic communications sent or…

Sec. 45a-334j. Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or …

Sec. 45a-334k. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on b…

Sec. 45a-334l. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who is an original user of an account any digital asset of the account held in trust, inc…

Sec. 45a-334m. Disclosure of contents of electronic communications held in trust when trustee is not original user. Unless otherwise ordered by a court, directed by the user or provided in a trust, a custodian shall disclose to a trustee who is not an original user of an account …

Sec. 45a-334n. Disclosure of other digital assets held. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee who is not an original user of an account, a catalogue of electronic communications sent or receive…

Sec. 45a-334o. Disclosure of digital assets to conservator of a conserved person. (a) After an opportunity for a hearing in the manner prescribed in sections 45a-645a to 45a-645c, inclusive, a court may grant a conservator access to the digital assets of a conserved person. (b) U…

Sec. 45a-334p. Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) The duty of loyalty; and (3) The duty of confidentiality. (b) A fiducia…

Sec. 45a-334q. Custodian compliance and immunity. (a) Not later than sixty days after receipt of the information required under sections 45a-334h to 45a-334p, inclusive, a custodian shall comply with a request under any provision of sections 45a-334b to 45a-334s, inclusive, from …

Sec. 45a-334r. Uniformity of application and construction. In applying and construing this Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states …

Sec. 45a-334s. Relation of act to Electronic Signatures in Global and National Commerce Act. Sections 45a-334b to 45a-334r, inclusive, modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supers…

Secs. 45a-335 to 45a-339. Reserved for future use. PART VI* INVENTORY OF DECEDENTS' ESTATES *Annotation to former chapter 787: Cited. 153 C. 57.

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 th…

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…

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 …

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…

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…

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 conne…

Secs. 45a-348 to 45a-352. Reserved for future use. PART VII* CLAIMS AGAINST DECEDENTS' ESTATESFOR DECEDENTS DYING ON OR AFTER OCTOBER 1, 1987 *See Sec. 45a-472 re payment to trustee of proceeds of pension, retirement, death benefit and profit-sharing plans.

Sec. 45a-353. (Formerly Sec. 45-230b). Definitions. For the purposes of sections 45a-266, 45a-353 to 45a-384, inclusive, and 45a-436, the following terms shall have the following meanings, unless otherwise specifically provided: (a) “Fiduciary” means an ancillary or domiciliary e…

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 …

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 childr…

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 fo…

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 perso…

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 …

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…

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 cl…

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 und…

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…

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 …

Sec. 45a-364. (Formerly Sec. 45-230m). Hearing on rejected claims by Probate Court. Referral of claim to probate magistrate or attorney probate referee for hearing. (a) Whenever a claim has been rejected, in whole or in part, as provided in section 45a-360, the person whose claim…

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 settlin…

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 theref…

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 …

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 brought in the Superior Court, to the extent of the fair market value on the date of distri…

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…

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 p…

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…

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…

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, …

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 val…

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…