reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 and 4a-16.
(1969, P.A. 453, S. 5; P.A. 80-476, S. 260; June 18 Sp. Sess. P.A. 97-3, S. 6, 8.)
History: P.A. 80-476 replaced references to Secs. 4-68g and 17-83b with references to Secs. 45-203a, 45-203b and 4-68h; Sec. 45-202b transferred to Sec. 45a-345 in 1991; June 18 Sp. Sess. P.A. 97-3 deleted reference to Sec. 45a-344, effective January 1, 1998.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 exception re provisions of Sec. 45-202; Sec. 45-202a transferred to Sec. 45a-346 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 connection therewith, supplemental thereto or in settlement thereof, or (2) any thrift plan, savings plan, pension plan, profit-sharing plan, death benefit plan, stock bonus plan, employee stock ownership plan, retirement plan including a self-employed retirement plan, qualified cash or deferred arrangement which is part of a profit-sharing plan or stock bonus plan, individual retirement account, annuity or bond or simplified employee pension plan, of any person to be a beneficiary or owner of any right, title or interest thereunder upon the death of another, shall not be subject to any statute or law governing the transfer of property by will, even though such designation is revocable by the person who made it, or the rights of such beneficiary or owner are otherwise subject to defeasance.
(1955, S. 2931d; P.A. 80-476, S. 262; P.A. 89-202, S. 7.)
History: P.A. 80-476 deleted provisions specifying that provisions apply to designations made before or after July 8, 1955, by persons dying on or after that date; Sec. 45-194 transferred to Sec. 45-203c in 1981; P.A. 89-202 divided section into Subsecs., adding references to thrift plan, savings plan, employee stock ownership plan, retirement plan, including a self-employed retirement plan, qualified cash or deferred arrangement which is part of a profit-sharing plan or stock bonus plan, individual retirement account, annuity or bond or simplified employee pension plan; Sec. 45-203c transferred to Sec. 45a-347 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 the appointment of the first fiduciary. Such notice shall state: (1) The name of the fiduciary and the address at which claims should be presented; (2) that persons with claims should promptly present those claims to the fiduciary; and (3) that failure to promptly present any such claim may result in the loss of rights to recover on such claim.
(b) In the event of a failure of publication of such notice, a defective publication of such notice, or the death, resignation or removal of the fiduciary, the Court of Probate may, in its discretion, order such supplemental publication of notice as it shall determine.
(P.A. 87-384, S. 2.)
History: Sec. 45-230c transferred to Sec. 45a-354 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 children of the decedent received aid or care from the state, including aid or care from the former Veterans' Home and Hospital Commission or the Department of Veterans Affairs. A copy of any application which states that the decedent, or the spouse or children of the decedent did receive such aid or care shall be sent by certified mail, return receipt requested, by the Court of Probate to the Department of Administrative Services or the Department of Veterans Affairs, or both, as the case may be, and if the Department of Administrative Services or the Department of Veterans Affairs fails to present its claim to the fiduciary within ninety days from the date of mailing of such notification or the date of the appointment of the fiduciary, whichever is later, the Department of Administrative Services or the Department of Veterans Affairs, as the case may be, shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the state.
(P.A. 87-384, S. 3; P.A. 93-435, S. 15, 95; P.A. 16-167, S. 43.)
History: Sec. 45-230d transferred to Sec. 45a-355 in 1991; P.A. 93-435 replaced reference to “veterans' home and hospital commission” with reference to “department of veterans' affairs”, effective June 28, 1993; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, effective July 1, 2016.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 for any assets that a fiduciary may have paid or distributed in good faith in satisfaction of any lawful claims, expenses or taxes or to any beneficiary before such claim was presented. A payment or distribution of assets by a fiduciary shall be deemed to have been made in good faith unless the creditor can prove that the fiduciary had actual knowledge of such claim at the time of such payment or distribution. Such one-hundred-fifty-day period shall not be interrupted or affected by (1) failure of publication or defective publication of the newspaper notice required by section 45a-354 or (2) the death, resignation or removal of a fiduciary, except that the time during which there is no fiduciary in office shall not be counted as part of such period.
(b) No fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed at any time pursuant to a widow's allowance or family allowance ordered by the Court of Probate.
(P.A. 87-384, S. 4; P.A. 89-202, S. 1.)
History: P.A. 89-202 amended Subsec. (a) by reducing time to present claim from 210 to 150 days from date of appointment of fiduciary and deleted requirement that fiduciary notify creditor as requested by beneficiary pursuant to Sec. 45-230f(b); Sec. 45-230e transferred to Sec. 45a-356 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-357. (Formerly Sec. 45-230f). - Optional notice procedures; effect of failure to present claim; discretionary extension of time; exoneration.

(a) A fiduciary may at any time give notice to any person such fiduciary has reason to believe may have a claim that, if such person fails to present any such claim to the fiduciary on or before a date specified in such notice which date shall not be less than ninety days from the date of such notice, such person will be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Such notice shall contain the name and address of the fiduciary to whom such claim must be presented. The fiduciary shall not be liable to any creditor, beneficiary or any other person for the decision of the fiduciary to use or refrain from using this optional notice procedure.
(b) Any creditor notified in accordance with subsection (a) of this section, who fails to present his claim to the fiduciary on or before the date specified in such notice shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Any creditor who presents his claim on or before the date specified in such notice may not increase such claim following the expiration of such period.
(c) Any creditor who, through no fault of his own, has failed to present his claim within the time set forth in the notice given to said creditor pursuant to subsection (a) of this section may submit an application for an extension of time to file such claim with the Court of Probate within one hundred eighty days from the date of such notice. Upon such application, the Court of Probate may, upon hearing after notice, for cause shown, enter an order extending the time for such creditor to present his claim for a period of not more than thirty days from the date of such order, and no claim so presented shall be barred by the application of subsection (b) of this section; provided no such extension may be granted which would extend the period for presenting such claim beyond the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-375, would otherwise have expired.
(P.A. 87-384, S. 5; P.A. 89-202, S. 2.)
History: P.A. 89-202 deleted former Subsec. (b) re notice to creditors by fiduciary as requested by beneficiary, relettered remaining Subsecs. and amended Subsec. (c) by adding prohibition of extension of time for presenting claim beyond statute of limitation of Sec. 45-230x; Sec. 45-230f transferred to Sec. 45a-357 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-358. (Formerly Sec. 45-230g). - Form and verification of claims; presentation.

(a) Every claim shall be presented to the fiduciary in writing. In addition, the fiduciary may require the claimant to present proof by affidavit that his claim is justly due, that all payments thereon, if any, have been credited and that he knows of no offsets or evidence of indebtedness and holds no security, except as specifically described in the affidavit.
(b) Whenever the fiduciary resides outside of the state, claims may be presented to the fiduciary by filing such claims with the judge of probate in the district where such estate is in settlement. The Court of Probate shall promptly forward to the fiduciary a copy of any such claim.
(c) No creditor shall be entitled to enforce payment of his claim against assets in the hands of a fiduciary in any proceeding in any court unless his claim is presented in accordance with the provisions of this section.
(d) A claim may be presented to the fiduciary, or filed with the Court of Probate pursuant to subsection (b) of this section, by: (1) Personal delivery to the fiduciary or Court of Probate, as the case may be; or (2) mailing by regular, certified or registered mail, postage prepaid, to the fiduciary or Court of Probate, as the case may be.
(e) A claim shall be deemed presented on: (1) The date on which the fiduciary actually receives the claim in the event the claim is presented by delivery to the fiduciary personally; (2) the date of mailing in the event the claim is properly mailed to the fiduciary at the fiduciary's address as set forth in the newspaper notice given under section 45a-354, or in the notice given under section 45a-357, or in the records of the Court of Probate; or (3) the date of receipt by the court if the claim is presented in accordance with subsection (b) of this section.
(P.A. 87-384, S. 6.)
History: Sec. 45-230g transferred to Sec. 45a-358 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-359. (Formerly Sec. 45-230h). - Unmatured, contingent or unliquidated claims.

(a) If, at the death of any person, there shall be an unmatured, contingent or unliquidated claim or an outstanding bond, note, recognizance or undertaking upon which he was principal, surety, or indemnitor and on which at the time of his death the liability was unmatured, contingent or unliquidated, then the Court of Probate shall, on the petition of either (1) a claimant who has duly presented his claim or (2) the fiduciary to whom an unmatured, contingent or unliquidated claim has been duly presented, after notice to such persons as the court shall direct, conduct a hearing to determine whether a reserve from the assets of the estate should be established to secure the payment of the unmatured, contingent or unliquidated claim. Following such hearing the Court of Probate shall issue an order that (A) no reserve be established or (B) the fiduciary establish a reserve from the assets of the estate in such amount as the court may deem reasonable to secure the payment of the unmatured, contingent or unliquidated claim when the amount thereof shall become due and payable; provided in no event shall the amount of such reserve exceed the difference between the amount of any such unmatured, contingent or unliquidated claim and the value of any security or collateral to which the creditor may resort for payment of such claim. In fixing the amount to be reserved for the payment of any such claim the Court of Probate shall determine the value of any security or collateral to which the creditor may resort for payment of such claim. The order of the Court of Probate concerning the establishment of a reserve shall discharge the fiduciary from all personal liability with respect to such unmatured, contingent or unliquidated claim, with the exception of the fiduciary's obligation to maintain any reserve so established.
(b) Any such reserve shall be retained by the fiduciary for such period or periods as the Court of Probate shall direct for the purpose of being applied to the payment of such claim when matured, fixed and liquidated; except that the Court of Probate shall retain jurisdiction over the reserve and may from time to time issue orders regarding the continuation and management of the reserve, including the power to direct the disposition of income and principal. The fiduciary, in managing the reserve, shall be entitled to reasonable compensation and reimbursement for all expenses, including reasonable attorney's fees, which shall be paid out of the reserve. Such portion of the reserve as is not needed to pay the claim when matured, fixed and liquidated shall be distributed according to law by the fiduciary as directed by the Court of Probate.
(P.A. 87-384, S. 7.)
History: Sec. 45-230h transferred to Sec. 45a-359 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-360. (Formerly Sec. 45-230i). - Allowance or rejection of claims.

(a) The fiduciary shall: (1) Give notice to a person presenting a claim of the rejection of all or any part of his claim, (2) give notice to any such claimant of the allowance of his claim, or (3) pay the claim.
(b) A notice rejecting a claim in whole or in part shall state the reasons therefor, but such statement shall not bar the raising of additional defenses to such claim subsequently.
(c) If the fiduciary fails to reject, allow or pay the claim within ninety days from the date that it was presented to the fiduciary as provided by section 45a-358, the claimant may give notice to the fiduciary to act upon the claim as provided by subsection (a) of this section. If the fiduciary fails to reject, allow or pay the claim within thirty days from the date of such notice, the claim shall be deemed to have been rejected on the expiration of such thirty-day period.
(P.A. 87-384, S. 8.)
History: Sec. 45-230i transferred to Sec. 45a-360 in 1991.
Cited. 44 CS 477.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 under penalty of false statement by the fiduciary containing (1) a list of all persons notified pursuant to section 45a-357 and (2) a list of all claims presented to the fiduciary within such one-hundred-fifty-day period stating as to each such claim whether and to what extent such claim was allowed or rejected.
(P.A. 87-384, S. 9; P.A. 90-45, S. 1; P.A. 99-84, S. 21.)
History: P.A. 90-45 reduced the time period for presenting claims from 210 to 150 days to conform to change made to Sec. 45-230e (now 45a-356) by P.A. 89-202; Sec. 45-230j transferred to Sec. 45a-361 in 1991; P.A. 99-84 deleted “sworn to” and inserted “signed under penalty of false statement”.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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, (2) the time of presentation of each such claim, (3) whether optional notice was given by any predecessor fiduciary to any persons pursuant to section 45a-357, and (4) whether and to what extent each such claim was rejected, allowed or paid by any predecessor fiduciary. Upon application by a successor fiduciary, after notice to such persons as the court shall direct, the court shall hear and decide the foregoing matters and the court's decision with regard thereto shall, unless timely appealed, be final and conclusive.
(P.A. 87-384, S. 10.)
History: Sec. 45-230k transferred to Sec. 45a-362 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 provided in section 45a-360.
(b) Unless a person whose claim has been rejected (1) commences suit within one hundred twenty days from the date of the rejection of his claim, in whole or in part, or (2) files a timely application pursuant to section 45a-364, he shall be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate, except for such part as has not been rejected. If such person dies within thirty days from the date of the rejection of his claim and before suit is commenced or an application is filed, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit or to file the application provided for in section 45a-364. If such person dies more than thirty days but within one hundred twenty days from and including the date of the rejection of his claim and before suit is commenced, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit.
(P.A. 87-384, S. 11.)
History: Sec. 45-230
l
transferred to Sec. 45a-363 in 1991.
Judicially created ripeness doctrine must yield to legislature's decision to grant jurisdiction over the type of claims identified in section. 305 C. 523.
Cited. 42 CA 59. Section does not apply to an action where no estate is party to the suit. 61 CA 608. Section is purely procedural and purpose is to encourage timely settlement of decedents' estates; an estate's rejection of a party's claim does not create a cause of action on which a plaintiff may proceed in Superior Court, and Subsec. (b) simply limits period of time in which plaintiff may pursue cause of action over which court otherwise has jurisdiction. 122 CA 438; judgment reversed, see 305 C. 523.
Cited. 44 CS 477.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 has been rejected may, within thirty days from and including the date of such rejection, make application to the Probate Court to hear and decide such claim or, in the alternative, may apply to said court to refer the claim to a probate magistrate or attorney probate referee to hear such claim. The court may, in its discretion, grant the application, hear and decide such claim if the application so requests or refer such claim to a probate magistrate or attorney probate referee if the application so requests. The court shall notify the applicant and the fiduciary of its action granting or denying the application within fifteen days after receipt of the application.
(b) If the application to receive and decide such claim by the court or for the referral of such claim to a probate magistrate or attorney probate referee is denied, the claimant shall commence suit within one hundred twenty days from and including the date of the denial of the claimant's application or be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate.
(c) If the Probate Court refers the claim to a probate magistrate or attorney probate referee, the provisions of section 45a-123 shall govern the proceedings.
(P.A. 87-384, S. 12; P.A. 94-66, S. 2, 3; P.A. 13-81, S. 14.)
History: Sec. 45-230m transferred to Sec. 45a-364 in 1991; P.A. 94-66 amended Subsec. (f) to authorize the assessment of costs permitted by Sec. 45a-107, effective July 1, 1994; P.A. 13-81 amended Subsec. (a) to substitute “Probate Court” for “Court of Probate”, replace provision re disinterested persons appointed as commissioners to hear and decide claims with provision re referral of claim to a probate magistrate or attorney probate referee, deleted former Subsecs. (b), (d), (e) and (f) re commissioners, redesignated existing Subsec. (c) as Subsec. (b), added new Subsec. (c) re Sec. 45a-123 to govern referred proceedings, and made technical and conforming changes.
Cited. 42 CA 59.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 settling the estate; (3) claims due for the last sickness of the decedent; (4) all lawful taxes and all claims due the state of Connecticut and the United States; (5) all claims due any laborer or mechanic for personal wages for labor performed by such laborer or mechanic for the decedent within three months immediately before the decease of such person; (6) other preferred claims; and (7) all other claims allowed in proportion to their respective amounts.
(P.A. 87-384, S. 13.)
History: Sec. 45-230n transferred to Sec. 45a-365 in 1991.
Repair to property of estate can constitute expense of settling the estate only if it is necessary to conserve the overall value of the estate or ordinary and necessary to preserve the property in question. 64 CA 15.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 therefor, such expenses shall be paid by his or her spouse.
(P.A. 87-384, S. 14.)
History: Sec. 45-230o transferred to Sec. 45a-366 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 hearing. If any such claim is wholly or partly secured, it may be paid out of such security at any time after such approval. The unsecured portion of any such claim and any unsecured claim shall not be paid until after such approval and until after the expiration of the one-hundred-fifty-day period provided for in subsection (a) of section 45a-356.
(P.A. 87-384, S. 15; P.A. 90-45, S. 2.)
History: P.A. 90-45 reduced the time period for presenting claims from 210 to 150 days to conform to change made to Sec. 45-230e (now 45a-356) by P.A. 89-202; Sec. 45-230p transferred to Sec. 45a-367 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 distribution of any assets received by such beneficiary from the estate of a decedent, for the expenses of administering the estate, claims, funeral expenses of the decedent and all taxes for which the estate is liable, which have not previously been recovered out of assets held by the fiduciary or from any other source described in subsection (b) of this section. For purposes of this section, the date of distribution of real estate specifically devised and real estate passing under the laws of descent and distribution shall be the date of the decedent's death.
(b) No liability may be imposed upon any such beneficiary under subsection (a) of this section, unless the plaintiff establishes to the court that the obligation to the plaintiff cannot be fully satisfied: (1) Because there are insufficient assets available for such purpose in the hands of the fiduciary; (2) by action against persons prior in liability to the beneficiary under subsections (a), (b) and (c) of section 45a-369, because such persons are insolvent or for any other reason, other than not being amenable to suit in this state, cannot be made to answer for their liabilities; and (3) by the enforcement, under section 45a-266, of any lien, security interest or other charge he holds against assets of the decedent specifically disposed of by will or passing to a distributee, or against the proceeds of any policy of insurance on the life of the decedent payable to a named beneficiary.
(P.A. 87-384, S. 16; P.A. 89-202, S. 3; P.A. 13-81, S. 20; 13-301, S. 8.)
History: P.A. 89-202 amended Subsec. (a) by substituting “45-230” for “45-230e” and in Subsec. (b) substituted “the obligation to him cannot be fully satisfied” for “he cannot fully satisfy his claim”; Sec. 45-230q transferred to Sec. 45a-368 in 1991; P.A. 13-81 amended Subsec. (a) to delete reference to Sec. 45a-409, effective July 1, 2013; P.A. 13-301 amended Subsec. (a) by adding “brought in the Superior Court” re actions, deleting reference to Sec. 45a-409 and making technical changes and amended Subsec. (b) by replacing “establishes satisfactorily to the court” with “establishes to the court”, “him” with “the plaintiff” and “defendant” with “beneficiary”.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 proportion that the value of the assets passing to him bears to the value of all such assets passing to beneficiaries within the same order of liability as his under subsection (a) of section 45a-369, and no judgment may be had or entered in favor of any plaintiff against any such beneficiary for more than such ratable obligation.
(P.A. 87-384, S. 18.)
History: Sec. 45-230s transferred to Sec. 45a-370 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 capacity, has received assets as a beneficiary or as the personal representative of a beneficiary.
(b) A beneficiary-fiduciary shall not be chargeable for any assets that such beneficiary-fiduciary may have paid or distributed in good faith before a claim is presented to such beneficiary-fiduciary. A payment or distribution of assets by a beneficiary-fiduciary shall be in good faith unless the creditor can prove that the beneficiary-fiduciary had actual knowledge of such claim at the time of such payment or distribution.
(c) A transferee of assets from a beneficiary-fiduciary who has not furnished adequate and full consideration in money or moneys worth to the beneficiary-fiduciary for such assets shall be liable to the extent of the value of such assets so received in the same manner and to the same extent as if such transferee were the original beneficiary. For the purposes of this subsection, the term “transferee” means the person to whom or for whose benefit the beneficiary-fiduciary has paid or distributed such assets.
(P.A. 87-384, S. 19.)
History: Sec. 45-230t transferred to Sec. 45a-371 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 his claim to the fiduciary as prescribed by law shall not impair his right to maintain an action against the beneficiaries under section 45a-368; provided nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff's claim.
(b) Following final distribution of all assets known to a fiduciary, any suit on an unsatisfied obligation described in subsection (a) of section 45a-368 shall be brought against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have the fiduciary personally surcharged.
(P.A. 87-384, S. 20; P.A. 89-202, S. 4.)
History: P.A. 89-202 amended Subsec. (a) by changing reference to Sec. 45-230f(c) to Sec. 45-230f(b); Sec. 45-230u transferred to Sec. 45a-372 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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, for more than his ratable obligation as described in section 45a-370.
(P.A. 87-384, S. 21.)
History: Sec. 45-230v transferred to Sec. 45a-373 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 valuable consideration, from such beneficiary of any assets which would otherwise be subject to such judgment, unless, in the case of real property, a notice of pendency of such action had been recorded prior to such purchase. When the subsequent purchaser is so protected, the judgment is enforceable against such beneficiary but not in excess of the value of the assets received by him on the date of distribution or his ratable obligation as described in section 45a-370.
(P.A. 87-384, S. 22.)
History: Sec. 45-230w transferred to Sec. 45a-374 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 applicable statute of limitations on such claim would otherwise expire, a period of thirty days from the date of the appointment of his fiduciary shall be allowed within which to present such claim.
(b) The running of any limitation period applicable to the claim of any person, shall, provided such claim was presented to the fiduciary prior to expiration of the applicable period of limitations, be suspended from the time of presentation of such claim until such claim has been rejected, in whole or in part, as provided in section 45a-360, provided upon such rejection, such person may commence suit or file an application as provided in section 45a-363.
(c) Except as provided in subsections (b) and (d) of this section, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of such estate but within (1) two years from the date of the decedent's death or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357, would otherwise have expired, whichever shall first occur.
(d) With respect to any claim arising after the death of a decedent, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of the estate but within (1) two years from the date the claim arose or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to section 45a-357, would otherwise have expired, whichever shall first occur.
(P.A. 87-384, S. 23; P.A. 89-202, S. 5; P.A. 93-189, S. 1.)
History: P.A. 89-202 amended Subsec. (a)(1) by changing last date for presenting claim from two years from date of appointment of first fiduciary to date of decedent's death; Sec. 45-230x transferred to Sec. 45a-375 in 1991; P.A. 93-189 amended Subsec. (c) by adding reference to Subsec. (b).
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 hearing, to be (1) published in a newspaper having a general circulation in the probate district, and (2) given to such interested persons as the court may direct. After hearing, the court shall determine whether such estate shall be declared insolvent and shall send a copy of the decree to all persons in interest.
(P.A. 87-384, S. 25; P.A. 90-230, S. 62, 101; P.A. 98-52, S. 7.)
History: P.A. 90-230 made a technical grammatical change; Sec. 45-230dd transferred to Sec. 45a-376 in 1991; P.A. 98-52 deleted provision requiring fiduciary of insolvent estate to give notice and added provision re notice by Probate Court of alleged insolvency, right of interested persons to be heard and time and place of hearing, published in newspaper and given to such persons as court directs.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 representation and the court shall proceed in the manner prescribed in section 45a-376.
(P.A. 87-384, S. 26.)
History: Sec. 45-230ee transferred to Sec. 45a-377 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 excess of his claim over the fair market value of the security unless such creditor files in the Court of Probate a written election to relinquish such security.
(b) The fiduciary shall determine the fair market value of any security held by a creditor submitting a claim and shall give such creditor and the Court of Probate notice of the value and how such value was determined. Such creditor may, within thirty days from the date of such notice, file in the Court of Probate an objection to the fiduciary's valuation, and the court of probate shall, within thirty days from and including the date on which such objection was received by the Court of Probate, hold a hearing, after notice, on such valuation and shall enter an order establishing the value of such security.
(P.A. 87-384, S. 28.)
History: Sec. 45-230gg transferred to Sec. 45a-379 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 all claims presented; (2) specifying with respect to each claim whether such claim was allowed or rejected, in whole or in part; and (3) listing the names and addresses of all creditors given notice in accordance with section 45a-378.
(b) Within thirty days after the filing of the fiduciary's report, the Court of Probate shall hold a hearing on the acceptance of said report and shall give notice of the hearing to each creditor who presented a claim to the fiduciary. Following such hearing, the court shall accept, accept with modifications or reject such report, and shall order distribution of the assets or moneys as it shall find payable in accordance with section 45a-365. Any creditor aggrieved by the order of the Court of Probate may either (1) appeal from the order of distribution in accordance with sections 45a-186 to 45a-193, inclusive, or (2) proceed in accordance with section 45a-364.
(c) In the event of an appeal or a proceeding under section 45a-364, the order of distribution shall be stayed pending resolution of such appeal or proceeding; provided the court may, if it deems appropriate, order the fiduciary to set aside assets sufficient to assure pro rata payment of any creditor who has appealed or who has proceeded under section 45a-364, and to distribute the remaining assets in accordance with the order of distribution.
(P.A. 87-384, S. 29; P.A. 90-45, S. 4.)
History: P.A. 90-45 amended Subsec. (a) to reduce the time period for presentation of claims from 210 to 150 days; Sec. 45-230hh transferred to Sec. 45a-380 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 with sections 45a-353 to 45a-375, inclusive; provided (1) no further newspaper notice shall be required and (2) any notifications to creditors given under subsection (b) of section 45a-378 shall be the equivalent and have the same legal effect as a notice under section 45a-357, except that the time for presentation shall remain as the date stated in the notice under subsection (b) of section 45a-378, and any other time periods in section 45a-357 shall be adjusted accordingly.
(P.A. 87-384, S. 30.)
History: Sec. 45-230ii transferred to Sec. 45a-381 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 fiduciary before the commencement of its settlement as an insolvent estate, execution shall not issue, but the creditor may present his judgment to the fiduciary and receive his proportionate share of the estate with the other creditors. If judgment has not been rendered, any pending suit shall abate and the creditor shall submit his claim to the fiduciary and may request that costs incurred in connection with the suit up to the date of abatement be added to the claim.
(P.A. 87-384, S. 31.)
History: Sec. 4-230jj transferred to Sec. 45a-382 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 surviving spouse and the allowance for support of such spouse and that of the family of the deceased, will not be more than sufficient to pay the funeral expenses, the expenses of settling the estate, the expenses of the last sickness and the lawful taxes and claims due the state of Connecticut and the United States, the court may, after notice and hearing, ascertain the amount of such funeral and other expenses and of such taxes and preferred claims, and order that the settlement of the estate be completed without following the procedures otherwise required by sections 45a-376 to 45a-382, inclusive.
(P.A. 87-384, S. 32.)
History: Sec. 45-230kk transferred to Sec. 45a-383 in 1991.
See Sec. 36a-292 re liability of surviving joint bank account owners.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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 reference; Sec. 45-230a transferred to Sec. 45a-384 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-390 to 45a-419. (Formerly Secs. 45-204a to 45-205, 45-207 to - “Fiduciary” defined; applicability of chapter. Claims to be in writing and sworn to if required. Order of payment of claims. Payment of funeral and last illness expenses of married person. Notice to be given when decedent or relative received aid or care from state, including the Department of Veterans' Affairs; effect on limitation of claims. Effect of time for presenting claims to fiduciary; effect of failure to present claim; orders re extension of time; amount of claim; exceptions. Presentation of claims when fiduciary is a nonresident. Return of notice and list of claims. Determination of claims presented against solvent estate if fiduciary dies or is removed, period of limitation for suit on disallowed claims. Suit upon claims against fiduciary; period of limitation. Procedure when fiduciary ignores presented claim; period of limitation. Hearing on disallowed claims by Probate Court or commissioners; appeals; costs. Suit against solvent estate on disallowed claim; limitation period; suspension of limitation period; tort actions. Payment of claims of fiduciary. Any estate may be settled as insolvent. Estate found solvent to pay interest on debts, claims of nonresident creditors, after-accruing claims. Appointment of commissioners to determine claims on insolvent estates, notice to creditors. Limitation of time for exhibiting claims to commissioners. Appointment of commissioners after time for presentation of claims has expired; fiduciary to deliver claims and notify creditors. Settlement of estate without commissioners. Claims not exhibited are barred; newly discovered assets. What claims may be allowed. Procedure when creditor has security for his claim. Commissioners' report; notice to claimants of disallowed claims; hearing on objections; appeal. Suits against insolvent estates prohibited; exceptions; pending suits. Compensation of commissioners. Prohibition on appointment of certain persons as commissioners. Commissioners disqualified, validity of acts. When commissioners disa

Sections 45a-390 to 45a-419, inclusive, are repealed, effective July 1, 2013.
(1949 Rev., S. 6990
–
6995, 6997
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7006, 7008
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7015, 7047; 1953, S. 2935d; 1953, S. 2944d; 1955, S. 2934d; 1955, S. 2936d; 1957, P.A. 535; 1959, P.A. 90; 1959, P.A. 219; 1963, P.A. 217; February, 1965, P.A. 287; 1967, P.A. 558, S. 25, 49, 50; 1969, P.A. 649; 1971, P.A. 210, S. 1; P.A. 74-91, S. 1; P.A. 75-118; 75-181, S. 1
–
3; P.A. 76-1, S. 1, 2; P.A. 77-26; 77-251; 77-288, S. 2; 77-614, S. 132, 610; P.A. 80-476, S. 263
–
292; P.A. 84-294, S. 13; 84-455, S. 3; P.A. 87-384, S. 34; P.A. 88-285, S. 31, 35; P.A. 93-279, S. 13; P.A. 95-316, S. 4; P.A. 07-217, S. 163; P.A. 13-81, S. 21.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 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. 312; P.A. 85-613, S. 106, 154.)
History: P.A. 85-613 made technical change, deleting reference to chapter 797; Sec. 45-271a transferred to Sec. 45a-425 in 1991.