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

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 Section 45a-438a is repealed.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…

Sec. 45a-464. (Formerly Sec. 45-298g). Security interest of purchaser for value or lender. (a) If a surviving spouse has apparent title to property to which sections 45a-458 to 45a-466, inclusive, apply, a purchaser for value or a lender taking a security interest in the property…

Sec. 45a-465. (Formerly Sec. 45-298h). Creditor's rights. Sections 45a-458 to 45a-466, inclusive, shall not (1) affect rights of creditors with respect to property to which said sections apply; (2) prevent married persons from severing or altering their interests in property to w…

Sec. 45a-466. (Formerly Sec. 45-298i). Rules of construction. Sections 45a-458 to 45a-466, inclusive, shall be applied and construed so as to make uniform the law with respect to the subject of said sections among those states which enact them. (P.A. 85-340, S. 9.) History: Sec. …

Sec. 45a-467. Reserved for future use. PART XI UNIFORM TRANSFER ON DEATHSECURITY REGISTRATION ACT

Sec. 45a-468. Short title: Uniform Transfer on Death Security Registration Act. Construction. (a) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 shall be known and may be cited as the Uniform Transfer on Death Security Registration Act. (b) Sections 45a-468 to 45a-4…

Sec. 45a-468a. Definitions. As used in sections 45a-468 to 45a-468m, inclusive, and section 45a-369, unless the context otherwise requires: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner r…

Sec. 45a-468b. Registration in beneficiary form: Sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common…

Sec. 45a-468c. Registration in beneficiary form: Applicable law. A security may be registered in beneficiary form if the form is authorized by section 45a-468 to 45a-468m, inclusive, and section 45a-369 or a similar statutory provision of the state of organization of the issuer o…

Sec. 45a-468d. Designation of beneficiary. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners…

Sec. 45a-468e. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD”, or by the words “pay on death” or the abbreviation “POD”, after the name of the registered owner and before the name …

Sec. 45a-468f. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the…

Sec. 45a-468g. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance…

Sec. 45a-468h. Protection of registering entity. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in …

Sec. 45a-468i. Nontestamentary transfer on death. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and is not testamentary. (b) Sections 45a-468…

Sec. 45a-468j. Terms, conditions and forms for registration. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation…

Sec. 45a-468k. Taxable transfer. Whenever any security is registered in beneficiary form, the right of any beneficiary to the immediate ownership of any such security shall be a taxable transfer for the purposes of chapter 216. (P.A. 97-42, S. 11.)

Sec. 45a-468l. Liability of beneficiary. When any security registered in beneficiary form has been transferred to a beneficiary of a deceased owner, any such beneficiary shall be liable to the personal representative of the deceased owner for securities so registered or their pro…

Sec. 45a-468m. Applicability. Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 apply to registrations of securities in beneficiary form made before or after October 1, 1997, by decedents dying on or after October 1, 1997. (P.A. 97-42, S. 15.)

Secs. 45a-469 and 45a-470. Reserved for future use.

Sec. 45a-471.* (Formerly Sec. 45-213c). Trustee to receive proceeds of pension, retirement, death benefit and profit-sharing plans. (a) As used in this section, “proceeds” means the proceeds paid upon the death of any insured, employee or participant under any thrift plan or trus…

Sec. 45a-472. Trustee to receive proceeds of pension, retirement, death benefit and profit-sharing plans. (a) As used in this section, “proceeds” means the proceeds paid upon the death of any insured, employee, participant, or beneficiary under: Any thrift plan, savings plan, pen…

Sec. 45a-473. (Formerly Sec. 45-83). Bonds of testamentary trustees. Section 45a-473 is repealed, effective January 1, 2020. (1949 Rev., S. 6887; P.A. 80-227, S. 13, 24; 80-476, S. 213; P.A. 82-472, S. 162, 183; P.A. 19-137, S. 123.)

Sec. 45a-474. (Formerly Sec. 45-84). Vacancies in office of trustee. When a will, trust agreement or other instrument establishing a trust fails to provide for the contingency of the trustee's refusal to accept the trust or the trustee's resignation, death or incapacity, the Prob…