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

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…

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-…