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

Sec. 45a-242. (Formerly Sec. 45-263). Removal, resignation and replacement of fiduciary. (a) The Probate Court having jurisdiction may, upon its own motion or upon the petition of any person interested or of the surety upon the fiduciary's probate bond, after notice and hearing, …

Sec. 45a-243. (Formerly Sec. 45-264). Appeal from removal of fiduciary. Effect on successor fiduciary. (a) When any fiduciary has been removed by a court of probate, as provided in section 45a-242, the fiduciary may appeal from such order of removal in the manner provided in sect…

Sec. 45a-244. (Formerly Sec. 45-265). Enforcement of delivery of estate to successor. Any court of probate, after the removal of any fiduciary and the appointment of a successor fiduciary, may enforce the delivery to the successor fiduciary of any estate held by the former fiduci…

Sec. 45a-245. Removal of fiduciary. Closure for dormancy. In any case involving a conservatorship, guardianship of the estate or testamentary trust in which it appears to the court that the fiduciary has neglected or refused to complete such matter, and the appointment of a succe…

Sec. 45a-245a. Successor fiduciary substituted for corporate fiduciary. (a) As used in this section, “corporate fiduciary” means a bank, out-of-state bank, trust company, or any other corporate entity that is authorized to act as a fiduciary in this state, and “successor fiduciar…

Secs. 45a-246 to 45a-249. Reserved for future use.

Sec. 45a-250. (Formerly Sec. 45-160). Who may make a will. Any person eighteen years of age or older, and of sound mind, may dispose of his estate by will. (1949 Rev., S. 6950; P.A. 80-476, S. 231; P.A. 88-107, S. 3.) History: P.A. 80-476 deleted provision stating that every devi…

Sec. 45a-251. (Formerly Sec. 45-161). Making and execution of wills. Wills executed outside the state. A will or codicil shall not be valid to pass any property unless it is in writing, subscribed by the testator and attested by two witnesses, each of them subscribing in the test…

Secs. 45a-252 to 45a-256. Reserved for future use. PART II REVOCATION, CONSTRUCTION OF WILLS

Sec. 45a-257. (Formerly Sec. 45-162). Revocation of will. Except as provided by sections 45a-257a to 45a-257d, inclusive, a will or codicil shall not be revoked in any other manner except by burning, cancelling, tearing or obliterating it by the testator or by some person in the …

Sec. 45a-257a. Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate. (a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the wi…

Sec. 45a-257b. Failure of testator to provide for children born or adopted after execution of will. Determination of share of estate. (a) Except as provided in subsection (b) of this section, if a testator fails to provide in the testator's will for any of the testator's children…

Sec. 45a-257c. Marriage of testator terminated after execution of will. Provisions of will re former spouse revoked. If, after executing a will, the testator's marriage is terminated by dissolution, divorce or annulment, the dissolution, divorce or annulment shall revoke any disp…

Sec. 45a-257d. Effect of provisions re revocation of will to be construed by probate courts. Courts of probate may construe the effect of the provisions of sections 45a-257 to 45a-257c, inclusive, with respect to wills admitted in their respective districts. (P.A. 96-95, S. 5; 96…

Sec. 45a-257e. Revocation of will executed on or after October 1, 1967, and prior to January 1, 1997. Any will executed on or after October 1, 1967, and prior to January 1, 1997, shall be governed by the provisions of section 45a-257 of the general statutes, revision of 1958, rev…

Sec. 45a-257f. Revocation of will executed on or after January 1, 1997. The provisions of sections 45a-257a to 45a-257c, inclusive, shall be effective only as to wills executed on or after January 1, 1997. (P.A. 96-202, S. 10.)

Sec. 45a-258. (Formerly Sec. 45-172). Devise or bequest to subscribing witness. Every devise or bequest given in any will or codicil to a subscribing witness, or to the husband or wife of such subscribing witness, shall be void unless such will or codicil is legally attested with…

Sec. 45a-259. (Formerly Sec. 45-173). Reference to document creating trust. The reference in a will or codicil to a trust document by which a devise or bequest is made to such trust shall not thereby cause such trust or such part of the assets thereof distributed to it by such de…

Sec. 45a-260. (Formerly Sec. 45-173a). Uniform Testamentary Additions to Trusts Act. (a) A will may validly devise or bequeath property to the trustee or trustees of a trust established or to be established (1) during the testator's lifetime by the testator, by the testator and s…

Sec. 45a-261. (Formerly Sec. 45-160a). Effect of devise of all real property. Every devise purporting to convey all the real property of the testator shall be construed to convey all the real property belonging to him at the time of his decease, unless it clearly appears by his w…

Sec. 45a-262. (Formerly Sec. 45-161a). Words of inheritance apply to child born through assisted reproduction and child of decedent conceived and born after death of decedent. (a) The words “child”, “children”, “issue”, “descendants”, “descendant”, “heirs”, “heir”, “unlawful heir…

Sec. 45a-263. (Formerly Sec. 45-162a). “Majority” defined for wills executed prior to October 1, 1972. When the word “majority” is used in a will executed prior to October 1, 1972, it shall be construed to mean a person who has attained the age of twenty-one. (1972, P.A. 127, S. …

Sec. 45a-264. (Formerly Sec. 45-174a). Reference to Internal Revenue Code. A devise or bequest, outright or in trust, given in any will or codicil or republication thereof in any codicil shall not be deemed invalid by reason of any reference therein to the United States Internal …

Sec. 45a-265. (Formerly Sec. 45-174). Gift to spouse; reference to federal provisions re estate tax and marital deduction. When any will, offered for probate in this state, makes provision for a gift, whether outright or in trust, to or for the benefit of the spouse of the testat…

Sec. 45a-266. (Formerly Sec. 45-175a). Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate. (a) Where any property, subject to any lien, security interest or other charge at the time of the…

Sec. 45a-267. (Formerly Sec. 45-184). Bequest of perishable property for life or years. When a testator, by his will, bequeaths the use, for life or for a term of years, of any livestock, provisions, wearing apparel or other personal property which will necessarily be consumed by…

Secs. 45a-268 to 45a-272. Reserved for future use.

Sec. 45a-273. (Formerly Sec. 45-266). Settlement of small estates without probate of will or letters of administration. (a) If the aggregate value of a decedent's solely owned tangible and intangible personal property, excluding property that passes outside of probate by operatio…

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 the decedent or …

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; …

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 …

Sec. 45a-277. Opening of deceased owner's safe deposit box to access jointly held stocks, bonds, annuities or certificates of deposit. Procedure. Hearing. Fee. (a) Whenever the sole owner of a safe deposit box dies and no probate proceedings have been instituted for the estate of…

Secs. 45a-278 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 designa…

Sec. 45a-283. (Formerly Sec. 45-163). Executor to apply for probate of will. Penalty. (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…

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 o…

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 o…

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 bot…

Sec. 45a-287. (Formerly Sec. 45-170). Will of nonresident testator proved in this state. Application. Governing law. Tax. Determination of domicile. Costs for settlement of estate. (a) If the testator, at his death, was not domiciled in this state, his will may be proved in any d…

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 intereste…

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 …

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…

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…

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…

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 …

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 p…

Sec. 45a-295. (Formerly Sec. 45-186). Court may revoke, annul or set aside order or decree passed under revoked will. Subsequent settlement procedure. (a) When it appears to any Probate Court, pending proceedings before it for the settlement of the estate of a deceased person as …

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 execu…

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, th…

Secs. 45a-298 to 45a-302. Reserved for future use. PART III* GRANT OF ADMINISTRATION OF INTESTATE ESTATES *Annotation to former chapter 786: Cited. 153 C. 57.