reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-316. (Formerly Sec. 45-249c). - Appointment of temporary administrator to hold and preserve estate.

Whenever, upon the application of a creditor or other person interested in the estate of a deceased person, it is found by the court of probate having jurisdiction of the estate that the granting of administration on the estate or the probating of the will of the deceased will be delayed, or that it is necessary for the protection of the estate of the deceased, the court may, with or without notice, appoint a temporary administrator to hold and preserve the estate until the appointment of an administrator or the probating of the will. The court shall require from such administrator a probate bond. If the court deems it more expedient, it may order any state marshal or constable to take possession of the estate until the appointment of an administrator or executor.
(1949 Rev., S. 6982; P.A. 80-476, S. 295; P.A. 96-202, S. 5; P.A. 00-99, S. 85, 154; P.A. 11-128, S. 18; P.A. 12-66, S. 12.)
History: P.A. 80-476 rephrased provisions; Sec. 45-197 transferred to Sec. 45-249c in 1981; Sec. 45-249c transferred to Sec. 45a-316 in 1991; P.A. 96-202 deleted references to “insolvent debtor”, “appointment of a trustee in insolvency”, “insolvent person” and “trustee”; P.A. 00-99 replaced reference to deputy sheriff with state marshal, effective December 1, 2000; P.A. 11-128 designated existing provisions as Subsec. (a) and added Subsec. (b) re appointment of temporary administrator to obtain financial or medical information re potential cause of action; P.A. 12-66 deleted former Subsec. (b) re appointment of temporary administrator to obtain financial or medical information re potential cause of action and made a conforming change, effective January 1, 2013.
Annotations to former section 45-197:
History discussed; action to adjudicate a claim which existed against deceased at time of his death cannot be maintained against temporary administrator; temporary administrators are not general representatives of the estate but emergency officers with but limited custodial duties and authority to care for and preserve the estate until an executor or general administrator is ascertained or appointed as its proper legal representative. 153 C. 52.
Cited. 16 CS 430.
Annotations to former section 45-249c:
Cited. 1 CA 535.
Read together with Secs. 45-249d(a) and 52-555, allows a temporary administrator to commence a wrongful death action. 40 CS 451.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-317a. - Appointment of estate examiner to obtain financial or medical information.

Any person interested in the estate of a deceased person and having a need to obtain financial information concerning the deceased person for the limited purpose of determining whether the estate may be settled as a small estate under section 45a-273, or having a need to obtain financial or medical information concerning the deceased person for the limited purpose of investigating a potential cause of action of the estate, surviving spouse, children, heirs or other dependents of the deceased person, or a potential claim for benefits under a workers' compensation act, an insurance policy or other benefits in favor of the estate, surviving spouse, children, heirs or other dependents of the deceased person, may apply to the Probate Court having jurisdiction of the estate of the deceased person for the appointment of an estate examiner. The Probate Court may grant the application and appoint an estate examiner for such limited purpose if the court finds that such appointment would be in the interests of the estate or in the interests of the surviving spouse, children, heirs or other dependents of the deceased person. If the court appoints an estate examiner under this section, the court may require a probate bond or may waive such bond requirement. The court shall limit the authority of the estate examiner to disclose the information obtained by the estate examiner, as appropriate, and may issue an appropriate order for the disclosure of such information. Any order appointing an estate examiner under this section, and any certificate of appointment issued by the clerk of the court, shall indicate (1) the duration of the estate examiner's appointment, and (2) that such estate examiner has no authority over the assets of the deceased person.
(P.A. 12-66, S. 14; P.A. 13-81, S. 13; P.A. 17-136, S. 17.)
History: P.A. 12-66 effective January 1, 2013; P.A. 13-81 added provision permitting appointment of estate examiner to obtain financial information to determine whether estate may be settled as a small estate under Sec. 45a-273 and substituted “Probate Court” for “court of probate”; P.A. 17-136 replaced “certificate of the appointment of a fiduciary” with “certificate of appointment”, effective January 1, 2018.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 mortgage or lien upon real property so situated shall, within two months after becoming qualified to act, lodge, with the town clerk of each town in which such real property is situated, his certificate in writing, stating the fact and date of the death of the decedent, the place where he last dwelt and whether the decedent left a will. Such certificate shall be recorded in the land records of such town.
(b) When the decedent was at the time of his death the owner of any oyster ground within the state jurisdiction, the fiduciary shall, within two months after becoming qualified to act, lodge such certificate, stating the area and location of such oyster ground, with the Commissioner of Agriculture. Such certificate shall be recorded on the records of the Commissioner of Agriculture.
(c) If any fiduciary fails to perform the duties imposed upon him by this section, he shall, if the decedent was the owner of real property or any interest therein or mortgage or lien thereon, forfeit and pay to the town in which such real property is situated the sum of twenty-five dollars, and shall, if the decedent was the owner of such oyster ground, forfeit and pay to the state the sum of twenty-five dollars, to be recovered in a civil action against the fiduciary, or by an action upon his probate bond, in the name of the town or state, as the case may be.
(1949 Rev., S. 7037; P.A. 80-476, S. 299; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 80-476 divided section into Subsecs., substituted references to fiduciaries for references to executors and administrators, “real property” for “real estate” and “commissioner of agriculture” for “shellfish commissioners”; Sec. 45-254 transferred to Sec. 45a-322 in 1991; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See Sec. 45a-450 re recordation of descent or distribution of real property of deceased persons.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 shall be treated as personal property.
(1949 Rev., S. 7050; P.A. 80-476, S. 300.)
History: P.A. 80-476 substituted “personal property” for “personal estate”; Sec. 45-255 transferred to Sec. 45a-323 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 have died before such sale or conveyance, and, when a sole executor so authorized to sell has failed to accept or has died and an administrator with the will annexed or de bonis non has been appointed to settle the estate, the acting or surviving executor or executors or the administrator shall have power to sell and convey such real property.
(1949 Rev., S. 6966; P.A. 80-476, S. 301.)
History: P.A. 80-476 substituted “real property” for “real estate”; Sec. 45-178 transferred to Sec. 45-255a in 1981; Sec. 45-255a transferred to Sec. 45a-324 in 1991.
Annotations to former section 45-178:
At common law, administrator with the will annexed had power to sell land under an absolute direction in the will. 49 C. 342; 82 C. 312. Cited. 54 C 64.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 convey the title of the deceased in any real property to any person entitled to it by virtue of any contract of the deceased person, or to convey the title of the deceased in any real property held or taken by him in any fiduciary capacity to his successor or to the person or persons entitled thereto.
(1949 Rev., S. 7040; P.A. 80-476, S. 302.)
History: P.A. 80-476 substituted “fiduciary” for “executor or administrator” and “real property” for “real estate” and deleted provision authorizing court where guardian of minor or conservator of incapable person was appointed to order the guardian or conservator to convey any interest of ward in real estate to another person; Sec. 45-257 transferred to Sec. 45a-325 in 1991.
Annotations to former section 45-257:
Bond for deed containing personal covenant only is binding on estate. 38 C. 86. Under statute, court cannot determine disputed title to land. 84 C. 561. Estate of owner of real property under contract of sale becomes under equitable conversion an estate in personalty; administrator's deed valid to convey land under contract made by deceased, without bond by administrator. 109 C. 315. Probate Court may authorize conveyance if there is not a substantial dispute as to the rights of the parties. 126 C. 435. Option to purchase land comes within purview of statute. 156 C. 175.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 person to a purchaser or mortgagee, in good faith and for value, except within the period of ten years after the death of the deceased person; but a sale of the equity of redemption in real property mortgaged as provided in this section may be ordered by the court subject to such mortgage.
(1949 Rev., S. 7029; P.A. 80-476, S. 304.)
History: P.A. 80-476 restated provisions and substituted “real property” for “real estate”; Sec. 45-245 transferred to Sec. 45-257b in 1981; Sec. 45-257b transferred to Sec. 45a-327 in 1991.
Annotations to former section 45-245:
Duration of creditor's lien; where no administration has been granted and where real estate is otherwise unencumbered. 103 C. 373. Where proper presentation of claim, no disallowance, but inaction on part of antemortem creditor. 106 C. 610.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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, and, if he left no will, administration on his estate shall be granted by the court of probate having jurisdiction, as provided in section 45a-303, and his estate may be settled and distributed in the same manner as if he were known to be dead.
(c) After such administration and distribution, the fiduciary shall not be liable to the person so presumed to be dead in any action for the recovery of the estate.
(1949 Rev., S. 6984; 1959, P.A. 325, S. 1; P.A. 80-476, S. 306; P.A. 94-79, S. 1.)
History: 1959 act authorized immediate payments for support of wife, child or dependent without requiring bond; P.A. 80-476 divided section into Subsecs., restated provisions and substituted “spouse” for “wife” and “fiduciary” for reference to executor or administrator; Sec. 45-199 transferred to Sec. 45-257c in 1981; Sec. 45-257c transferred to Sec. 45a-329 in 1991; P.A. 94-79 deleted former Subsec. (c) that had required legatees or distributees to post a surety bond in the event the person presumed to be dead reappeared and demanded the amount paid or distributed, provided that the legacy or amount to be distributed be placed at interest if the legatee or distributee is unable to give the required security with the interest paid annually to the legatee or distributee, prohibited the payment or distribution without the required security until five years had elapsed from the granting of the letters of administration or letters testamentary, and permitted the payment of support to a spouse, minor child or other dependent who is a legatee or distributee without requiring a bond, and relettered the remaining Subsec. accordingly.
See Sec. 45a-446 re distribution of estate when heir is presumed dead.
Annotations to former section 45-199:
Section valid; notice necessary. 88 C. 425. Scope of statute; application limited to question of administration of estates; common law presumption unchanged in other cases. 108 C. 276.
Presumption of death is one of death only and not of time of death. 7 CS 106.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 years from his decease, unless the Court of Probate upon written petition and after public notice and hearing finds that administration of such estate ought to be granted, or that such will should be admitted to probate; but when any minor is interested, one year shall be allowed after his arrival at the age of majority to take out administration or to cause such will to be proved. In all cases where any person has died leaving property which is not known to those interested in the same within the time above limited, but is discovered afterwards, administration may be granted within one year after its discovery.
(1949 Rev., S. 6985; P.A. 80-476, S. 307.)
History: P.A. 80-476 substituted “property” for “estate” and “the age of majority” for “full age”; Sec. 45-200 transferred to Sec. 45-257d in 1981; Sec. 45-257d transferred to Sec. 45a-330 in 1991.
Annotations to former section 45-200:
Child of tenant in tail who died more than 10 years after the decease of a testator whose will was not proved, held not to be “interested” in the language of statute. 14 C. 210. Creditors of decedent cannot ordinarily claim right to administration if more than 10 years have elapsed. 38 C. 256. Power of General Assembly to grant administration after time stated in statute has elapsed. 45 C. 315. Cited. 49 C. 422. Administration should not be granted by court if application has no foundation or appointment would not avail applicants. 61 C. 449. Cited. 62 C. 222; 67 C. 320. May be granted after 10 years, to collect note apparently outlawed. 76 C. 380. See 91 C. 265. Lien of antemortem creditor on decedent's real estate lasts while administration may be granted. 103 C. 353; Id., 372. Effect of laches after proper presentation and no disallowance of antemortem claim. 106 C. 609. Cited. 109 C. 457. Not an absolute bar to admission of will to probate after 10 years from decease of testator. 135 C. 489.
Cited. 15 CS 316.
Annotation to former section 45-257d:
Cited. 40 CS 312.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 which the same is pending may at its discretion proceed with the settlement of such estate, although more than ten years have elapsed since any proceedings have been taken, and in such case may make all such orders as might have been proper if such settlement had not been delayed.
(b) In any such case in which it appears to the court that the fiduciary has neglected or refused to complete administration of the estate and the appointment of a successor fiduciary would serve no useful purpose, the court may hold a hearing, after giving public notice thereof and notice to the Commissioner of Revenue Services and such others as the court deems reasonable. Thereafter, on its own motion, the court may order and decree the estate closed for dormancy and the bond released without adjudication and the estate shall be closed and only reopened by further order of the court; provided the bond shall be released for future acts and not for any acts or misdeeds occurring during the period of administration of the estate.
(1949 Rev., S. 6986; P.A. 77-261; 77-614, S. 139, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-476, S. 308.)
History: P.A. 77-261 added provisions re hearing held when executor or administrator has neglected or refused to complete administration of estate and re court order to close estate for dormancy and release bond; P.A. 77-614 and P.A. 78-303 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 80-476 divided section into Subsecs. and replaced references to administrators and executors with references to fiduciaries; Sec. 45-201 transferred to Sec. 45-257e in 1981; Sec. 45-257e transferred to Sec. 45a-331 in 1991.
Annotation to former section 45-201:
Effect of laches after due presentation of antemortem claim never disallowed. 106 C. 610.
Annotations to present section:
Cited. 225 C. 919; 228 C. 439.
Cited. 30 CA 334.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 mail to the Commissioner of Revenue Services at least seven days before the hearing a copy of the application to probate the estate and of the order of notice of the hearing on the application.
(1949 Rev., S. 6981; P.A. 77-614, S. 139, 610; P.A. 80-476, S. 309.)
History: P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-196 transferred to Sec. 45-257f in 1981; Sec. 45-257f transferred to Sec. 45a-332 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 resided at the time of his insolvency, or where the decedent last resided, or in which the insolvent debtor or decedent owned real property, whether any taxes are due upon any of the estate which has come into his hands and shall liquidate the same, if there are sufficient assets, before making a final settlement of his account.
(1949 Rev., S. 7046; P.A. 80-476, S. 310.)
History: P.A. 80-476 substituted “real property” for “real estate” and “fiduciary of a decedent's estate” for “executor or administrator” and made other minor changes; Sec. 45-260 transferred to Sec. 45a-333 in 1991.
Annotations to former section 45-260:
Does not impose duty on administrator where decedent owned only a life estate. 123 C. 350.
Cited. 4 CS 241.
Annotation to present section:
Cited. 34 CA 634.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 improvements upon such real property, shall have a lien thereon for the same. The court of probate for the district in which such real property or any part thereof is situated may, upon such remainderman's written application made during the continuance of such life estate or within sixty days thereafter and after such notice to parties in interest as it may prescribe, ascertain the amount so necessarily expended, and may order the sale, subject to such life interest if it is not terminated, of so much of such property as will repay the sum so advanced.
(1949 Rev., S. 7043; P.A. 80-476, S. 311.)
History: P.A. 80-476 substituted “real property” for “real estate” and made minor changes in wording; Sec. 45-258 transferred to Sec. 45a-334 in 1991.
Annotation to former section 45-258:
Has no retroactive effect. 42 C. 211.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 conservatorship proceeding commenced before, on or after October 1, 2016; and
(4) A trustee acting under a trust created before, on or after October 1, 2016.
(b) Sections 45a-334b to 45a-334s, inclusive, apply to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(c) Sections 45a-334b to 45a-334s, inclusive, do not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
(P.A. 16-145, S. 3.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
(b) If a user has not used an online tool to give direction under subsection (a) of this section or if the custodian has not provided an online tool to give such direction, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under subsection (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service agreement.
(P.A. 16-145, S. 4.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under section 45a-334e.
(P.A. 16-145, S. 5.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 45a-334b to 45a-334s, inclusive. A custodian that is a financial institution, as defined in section 36a-41, may charge a fee that is set forth in such institution's deposit agreement with a customer.
(c) A custodian need not disclose under any provision of sections 45a-334b to 45a-334s, inclusive, a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under any provision of sections 45a-334b to 45a-334s, inclusive, some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden on the custodian, the custodian or fiduciary may seek an order from the court to disclose:
(1) A subset limited by date of the user's digital assets;
(2) All of the user's digital assets to the fiduciary or designated recipient;
(3) None of the user's digital assets; or
(4) All of the user's digital assets to the court for review in camera for the purpose of permitting the court to issue an order pursuant to sections 45a-334b to 45a-334s, inclusive.
(P.A. 16-145, S. 6; P.A. 17-91, S. 14.)
History: P.A. 17-91 amended Subsec. (b) by adding provision re custodian that is financial institution may charge fee that is set forth in deposit agreement with customer, effective July 1, 2017.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 content of an electronic communication sent or received by the user if the executor gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the certificate of appointment as executor;
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) Evidence linking the account to the user; or
(C) A court record or order that includes a finding by the court that:
(i) The user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision;
(ii) Disclosure of the content of electronic communications of the user would not violate 18 USC 2701 et seq., 47 USC 222, or other applicable law, as amended from time to time;
(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
(P.A. 16-145, S. 7.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 received by the user and digital assets, other than the content of electronic communications, of the user, if the executor gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the certificate of appointment as executor; and
(4) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) Evidence linking the account to the user;
(C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(D) A finding by the court that:
(i) The user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision; or
(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(P.A. 16-145, S. 8.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 the court, a custodian shall disclose to the agent the content of electronic communications if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B) Evidence linking the account to the principal.
(P.A. 16-145, S. 9.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B) Evidence linking the account to the principal.
(P.A. 16-145, S. 10.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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, including a catalogue of electronic communications of the trustee and the content of electronic communications.
(P.A. 16-145, S. 11.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the trust; or
(B) Evidence linking the account to the trust.
(P.A. 16-145, S. 12.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 received by an original or successor user and carried, maintained, processed, received or stored by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(B) Evidence linking the account to the trust.
(P.A. 16-145, S. 13.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a conserved person and any digital assets, other than the content of electronic communications, in which the conserved person has a right or interest if the conservator gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the court order that gives the conservator authority over the digital assets of the conserved person; and
(3) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the conserved person; or
(B) Evidence linking the account to the conserved person.
(c) A conservator with general authority to manage the assets of a conserved person may request a custodian of the digital assets of the conserved person to suspend or terminate an account of the conserved person for good cause. A request made under this subsection must be accompanied by a certified copy of the certificate of appointment giving the conservator authority over the conserved person's property.
(P.A. 16-145, S. 14.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) Except as otherwise provided in section 45a-334e, is subject to the applicable terms-of-service agreement;
(2) Is subject to other applicable law, including copyright law;
(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) May not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, conserved person, principal or settlor has the right to access any digital asset in which the decedent, conserved person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, conserved person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.
(e) A fiduciary with authority over the tangible, personal property of a decedent, conserved person, principal or settlor:
(1) Has the right to access the property and any digital asset stored in it; and
(2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) A certified copy of the death certificate of the user if the user is deceased;
(2) A certified copy of any one or more of the following that gives the fiduciary authority over the account:
(A) A certificate of appointment as executor;
(B) A certificate of appointment as conservator;
(C) A power of attorney; or
(D) A trust; and
(3) If requested by the custodian:
(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) Evidence linking the account to the user; or
(C) A finding by a court that the user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision.
(P.A. 16-145, S. 15.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with such request, the fiduciary or designated recipient may apply to the court for an order directing compliance with the request.
(b) An order under subsection (a) of this section directing compliance with such request must contain a finding that compliance is not in violation of 18 USC 2702, as amended from time to time.
(c) A custodian may notify the user that a request was made under sections 45a-334b to 45a-334s, inclusive, for disclosure or to terminate an account.
(d) A custodian may deny a request under any provision of sections 45a-334b to 45a-334s, inclusive, from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) Sections 45a-334b to 45a-334s, inclusive, do not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under sections 45a-334b to 45a-334s, inclusive, to obtain a court order which:
(1) Specifies that an account belongs to the conserved person or principal;
(2) Specifies that there is sufficient consent from the conserved person or principal to support the requested disclosure; and
(3) Contains a finding required by law other than the provisions of sections 45a-334b to 45a-334s, inclusive.
(f) A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with the provisions of sections 45a-334b to 45a-334s, inclusive.
(P.A. 16-145, S. 16.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 that enact the Revised Uniform Fiduciary Access to Digital Assets Act.
(P.A. 16-145, S. 17.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 supersede Section 101(c) of said act, 15 USC 7001(c) or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
(P.A. 16-145, S. 18.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 to appear at a time and place therein stated and show cause why he should not be removed. Unless sufficient cause is shown and an inventory and appraisal is forthwith filed, the court shall remove such fiduciary and appoint a successor to complete the administration of such estate.
(1949 Rev., S. 6988; P.A. 80-476, S. 257.)
History: P.A. 80-476 rephrased provisions; Sec. 45-203 transferred to Sec. 45a-342 in 1991.
Annotations to former section 45-203:
Remedy given by section not exclusive. 60 C. 482. What constitutes excuse by court. 76 C. 555. Provision for penalty may be repealed to affect pending actions. 78 C. 423. Cited. 138 C. 376; 202 C. 57.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 objection may be filed at any time between the filing of the inventory and the hearing on the fiduciary's final account.
(b) Upon the filing of the objections, the court shall order a hearing on the acceptance of the inventory and appraisal to be had within sixty days and not less than fifteen days after the filing of the objections. The court shall cause notice of the time and place of the hearing to be forthwith given to the fiduciary of the estate and to each party in interest.
(c) The court, upon such hearing, shall hear the objections and may order the fiduciary to amend the inventory or appraisal in any way that it finds proper, and may accept the same as amended.
(P.A. 80-476, S. 258; P.A. 85-193, S. 2; P.A. 98-219, S. 26.)
History: P.A. 85-193 deleted Subsec. (d) which had permitted acceptance of inventory and appraisal if no objection was filed; Sec. 45-203a transferred to Sec. 45a-343 in 1991; P.A. 98-219 replaced former Subsec. (a) with provision re written objection by any interested party to inventory or appraisal, filed at any time between filing of inventory and hearing on final account.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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.)