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

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 mor…

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…

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 ha…

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 con…

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 o…

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 pe…

Sec. 45a-328. (Formerly Sec. 45-256). Court may authorize stock and materials to be worked up or business to be continued. Section 45a-328 is repealed, effective October 1, 2018. (1949 Rev., S. 7039; P.A. 80-476, S. 305; P.A. 18-45, S. 21.)

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…

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 …

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 whic…

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 ma…

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 res…

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 improvem…

Sec. 45a-334a. Access to decedent's electronic mail account. Section 45a-334a is repealed, effective October 1, 2016. (P.A. 05-136, S. 1; P.A. 16-145, S. 19.)

Sec. 45a-334b. Short title: Connecticut Revised Uniform Fiduciary Access to Digital Assets Act. Sections 45a-334b to 45a-334s, inclusive, may be cited as the “Connecticut Revised Uniform Fiduciary Access to Digital Assets Act”. (P.A. 16-145, S. 1.)

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…