reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-243. (Formerly Sec. 45-264). - Appeal from removal of fiduciary. Effect on successor fiduciary.

(a) When any fiduciary has been removed by a court of probate, as provided in section 45a-242, the fiduciary may appeal from such order of removal in the manner provided in sections 45a-186 to 45a-193, inclusive. In the event of an appeal from the order of removal taken by the fiduciary who has been removed, the appointment of a successor shall not be stayed by the appeal but shall be a temporary appointment. Such successor fiduciary shall act during the pendency of the appeal and until the appeal is withdrawn or final judgment entered thereon.
(b) If the order of removal is sustained upon appeal, such appointment shall become permanent.
(c) If the order of removal is vacated upon appeal, such appointment may be terminated, subject to the obligation of such successor fiduciary to render a final account, and the acts of the successor fiduciary for the period of the pendency of the appeal shall be of full effect.
(1955, S. 2942d; P.A. 80-476, S. 193; P.A. 04-142, S. 9.)
History: P.A. 80-476 divided section into Subsecs., referred to fiduciaries rather than to executors and administrators and made minor changes in wording; Sec. 45-264 transferred to Sec. 45a-243 in 1991; P.A. 04-142 amended Subsec. (a) by deleting “for cause”, effective July 1, 2004, and applicable to any motion, application or complaint filed on or after that date.
See Sec. 45a-199 for definition of “fiduciary”.
Annotations to former section 45-264:
Cited. 175 C. 200. Removed fiduciaries need not allege or prove aggrievement in order to appeal; legislature in enacting statute exercised its powers to establish aggrievement “specially”. 195 C. 123.
Cited. 22 CA 490.
Cited. 20 CS 262.
Annotation to present section:
Interpretation of “for cause” is a reason that is related to one's fitness or ability to perform its duties; fiduciary removed for reasons related to its fitness or ability to perform has right of appeal to clear its name from scurrilous or ignominious allegations. 267 C. 229.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-244. (Formerly Sec. 45-265). - Enforcement of delivery of estate to successor.

Any court of probate, after the removal of any fiduciary and the appointment of a successor fiduciary, may enforce the delivery to the successor fiduciary of any estate held by the former fiduciary by virtue of his original appointment in the same manner as a court of equity might do.
(1949 Rev., S. 7042; P.A. 80-476, S. 195.)
History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-265 transferred to Sec. 45a-244 in 1991.
See Sec. 45a-199 for definition of “fiduciary”.
Annotations to former section 45-265:
Cited. 70 C. 375; 73 C. 436; 77 C. 70; 80 C. 466. Failure to obey order to deliver assets to successor is breach of bond. 120 C. 181. Cited. 147 C. 482.
Cited. 6 CA 530.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-245. - Removal of fiduciary. Closure for dormancy.

In any case involving a conservatorship, guardianship of the estate or testamentary trust in which it appears to the court that the fiduciary has neglected or refused to complete such matter, and the appointment of a successor fiduciary would serve no useful purpose, the court may hold a hearing, after giving public notice thereof and such other notice as the court deems reasonable. Thereafter, on its own motion, the court may order and decree the matter closed for dormancy and the bond released without adjudication, provided the bond shall be released for future acts and not for any acts or misdeeds occurring prior to the closing of the matter. The matter shall be reopened only by further order of the court.
(P.A. 96-43.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802 - Fiduciaries › Section 45a-245a. - Successor fiduciary substituted for corporate fiduciary.

(a) As used in this section, “corporate fiduciary” means a bank, out-of-state bank, trust company, or any other corporate entity that is authorized to act as a fiduciary in this state, and “successor fiduciary” means a corporate fiduciary that is substituted for another corporate fiduciary under the provisions of this section by reason of the merger or consolidation of corporate fiduciaries, the acquisition of the stock or assets of a corporate fiduciary, or the transfer by a corporate fiduciary of all or a portion of its trust and fiduciary business to another corporate fiduciary.
(b) A successor fiduciary shall be substituted as a fiduciary for its predecessor corporate fiduciary following (1) the adoption of corporate resolutions by the successor fiduciary and the predecessor corporate fiduciary providing for the substitution and the effective date of the substitution and (2) the expiration of the notice period provided in subsection (c) of this section. A successor fiduciary shall have all of the rights, powers, duties and obligations of the predecessor corporate fiduciary and shall be deemed to be named, nominated or appointed as fiduciary in any will, trust, court order or similar written document or instrument that names, nominates or appoints the predecessor corporate fiduciary as fiduciary, whether executed before or after the successor fiduciary is substituted; provided, the successor fiduciary shall have no obligations or liabilities under this subsection for any acts, actions, inactions or events occurring prior to the effective date of the substitution.
(c) When a successor fiduciary is substituted under this section, the predecessor corporate fiduciary shall publish notice once each week for three successive weeks in the form of a legal advertisement in a newspaper having a substantial circulation in the area in which the principal place of business of the predecessor corporate fiduciary is located. The notice shall include (1) the name of the predecessor corporate fiduciary, (2) the name of the successor fiduciary, and (3) the effective date of substitution of the successor fiduciary, which date may not be earlier than thirty days following the initial publication date. A copy of such notice shall be mailed by the predecessor corporate fiduciary to each person to whom the predecessor corporate fiduciary provides periodic reports of fiduciary activity.
(P.A. 97-306, S. 1, 2.)
History: P.A. 97-306 effective July 8, 1997.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-257a. - Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate.

(a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements, or is reasonably inferred from the amount of the transfer or other evidence.
(b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426.
(c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436.
(P.A. 96-95, S. 1; 96-202, S. 12; P.A. 98-52, S. 10.)
History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997; P.A. 98-52 added Subsec. (c) prohibiting surviving spouse from electing to take statutory share if receiving a share under this section.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-257c. - Marriage of testator terminated after execution of will. Provisions of will re former spouse revoked.

If, after executing a will, the testator's marriage is terminated by dissolution, divorce or annulment, the dissolution, divorce or annulment shall revoke any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, guardian or other fiduciary, unless the will expressly provides otherwise. Property prevented from passing to a former spouse due to revocation by dissolution, divorce or annulment shall pass as if the former spouse failed to survive the testator, and other provisions conferring power or office on the former spouse shall be interpreted as if the spouse failed to survive the testator. If provisions of the will of the testator are revoked solely by this section, such provisions shall be revived by the testator's remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a dissolution or divorce for the purposes of this section.
(P.A. 96-95, S. 3; 96-202, S. 12.)
History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-257d. - Effect of provisions re revocation of will to be construed by probate courts.

Courts of probate may construe the effect of the provisions of sections 45a-257 to 45a-257c, inclusive, with respect to wills admitted in their respective districts.
(P.A. 96-95, S. 5; 96-202, S. 12.)
History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-257e. - Revocation of will executed on or after October 1, 1967, and prior to January 1, 1997.

Any will executed on or after October 1, 1967, and prior to January 1, 1997, shall be governed by the provisions of section 45a-257 of the general statutes, revision of 1958, revised to January 1, 1995, concerning the revocation of a will by marriage, divorce, annulment, dissolution or birth or adoption of a minor child.
(P.A. 96-202, S. 11; P.A. 98-52, S. 11.)
History: P.A. 98-52 rephrased section to include revocation of a will by marriage, or by the birth or adoption of a minor child.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-257f. - Revocation of will executed on or after January 1, 1997.

The provisions of sections 45a-257a to 45a-257c, inclusive, shall be effective only as to wills executed on or after January 1, 1997.
(P.A. 96-202, S. 10.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-258. (Formerly Sec. 45-172). - Devise or bequest to subscribing witness.

Every devise or bequest given in any will or codicil to a subscribing witness, or to the husband or wife of such subscribing witness, shall be void unless such will or codicil is legally attested without the signature of such witness, or unless such devisee or legatee is an heir to the testator. The competency of such witness shall not be affected by any such devise or bequest. The interest of any witness in any community, church, society, association or corporation, beneficially interested in any devise or bequest, shall not affect such devise or bequest or the competency of such witness.
(1949 Rev., S. 6952; P.A. 80-476, S. 234.)
History: P.A. 80-476 made minor change in wording; Sec. 45-172 transferred to Sec. 45a-258 in 1991.
Annotations to former section 45-172:
At common law, legatee could not be witness. 2 R. 313. Inhabitant of school district legatee competent witness. 1 D. 35. At common law, increase of fund in which witness is interested renders him incompetent. 6 C. 108. Unnecessary that devise to heir should be the same as he would have inherited if no will were made. 23 C. 8. Witness must be competent at time of attestation. 26 C. 199. Cited. 57 C. 282; 98 C. 334. Doctrine of dependent relative revocation applied. 140 C. 311. Cited. 156 C. 580.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-259. (Formerly Sec. 45-173). - Reference to document creating trust.

The reference in a will or codicil to a trust document by which a devise or bequest is made to such trust shall not thereby cause such trust or such part of the assets thereof distributed to it by such devise or bequest to be subject to the jurisdiction of the probate court in which such will or codicil is admitted to probate.
(1953, S. 2929d; 1957, P.A. 575; 1959, P.A. 421; 1961, P.A. 470, S. 5; 1963, P.A. 642, S. 41.)
History: 1959 act deleted requirement that trust document be executed and acknowledged by testator, spouse, parent or child and witnessed by at least two persons, deleted requirement that substitute trustees be corporate trustees authorized to act as such within state and deleted provisions governing incorporation of trust provisions in will and administration of bequest or devise as a testamentary trust; 1961 act deleted detailed provisions specifying validity or invalidity of devise or bequest in will, retaining only provision which stated that reference to trust document in a will or codicil does not make trust subject to jurisdiction of probate court; 1963 act made technical correction, deleting repetition of words “by such trust or such part of the assets thereof distributed to it”; Sec. 45-173 transferred to Sec. 45a-259 in 1991.
Annotation to former section 45-173:
Retroactive effect, limited. 162 C. 130.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-261. (Formerly Sec. 45-160a). - Effect of devise of all real property.

Every devise purporting to convey all the real property of the testator shall be construed to convey all the real property belonging to him at the time of his decease, unless it clearly appears by his will that he intended otherwise.
(P.A. 80-476, S. 235.)
History: Sec. 45-160a transferred to Sec. 45a-261 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-262. (Formerly Sec. 45-161a). - Words of inheritance apply to child born through assisted reproduction and child of decedent conceived and born after death of decedent.

(a) The words “child”, “children”, “issue”, “descendants”, “descendant”, “heirs”, “heir”, “unlawful heirs”, “grandchild” and “grandchildren”, when used in the singular or plural in any will or trust instrument, shall, unless such document clearly indicates a contrary intention, be deemed to include children born as a result of assisted reproduction. The provisions of this subsection shall apply to wills and trust instruments whether or not executed before, on or after October 1, 1975, unless the instrument indicates an intent to the contrary.
(b) The words “child”, “children”, “issue”, “descendants”, “descendant”, “heirs”, “heir”, “unlawful heirs”, “grandchild” and “grandchildren”, when used in the singular or plural in any will or trust instrument, shall, unless such document clearly indicates a contrary intention, be deemed to include children born after the death of the decedent, as provided in subsection (a) of section 45a-785. The provisions of this subsection shall apply to wills and trust instruments whether or not executed before, on or after October 1, 2013, unless the instrument indicates an intent to the contrary.
(P.A. 80-476, S. 236; P.A. 13-301, S. 2; P.A. 21-15, S. 101.)
History: Sec. 45-161a transferred to Sec. 45a-262 in 1991; P.A. 13-301 designated existing provisions as Subsec. (a) and made a conforming change therein, and added Subsec. (b) re application of words of inheritance to child of decedent conceived and born after death of decedent; P.A. 21-15 amended Subsec. (a) by replacing “A.I.D.” with “assisted reproduction”, effective January 1, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-263. (Formerly Sec. 45-162a). - “Majority” defined for wills executed prior to October 1, 1972.

When the word “majority” is used in a will executed prior to October 1, 1972, it shall be construed to mean a person who has attained the age of twenty-one.
(1972, P.A. 127, S. 73.)
History: Sec. 45-162a transferred to Sec. 45a-263 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-264. (Formerly Sec. 45-174a). - Reference to Internal Revenue Code.

A devise or bequest, outright or in trust, given in any will or codicil or republication thereof in any codicil shall not be deemed invalid by reason of any reference therein to the United States Internal Revenue Code or any treasury regulation issued thereunder.
(P.A. 73-249; P.A. 80-476, S. 237.)
History: P.A. 80-476 restated section but made no substantive change; Sec. 45-174a transferred to Sec. 45a-264 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-265. (Formerly Sec. 45-174). - Gift to spouse; reference to federal provisions re estate tax and marital deduction.

When any will, offered for probate in this state, makes provision for a gift, whether outright or in trust, to or for the benefit of the spouse of the testator or testatrix, such gift shall not be held to be invalid on any of the following grounds: (1) That the amount of any such gift is required to be computed or ascertained by reference to the federal statutes, or any treasury regulation issued thereunder, authorizing the allowance of a marital deduction in the computation of the federal estate tax or by reference to determinations or settlements of any kind whatsoever, whether by agreement, litigation or otherwise, in the proceedings for the assessment of said federal estate tax in the estate of such testator or testatrix; (2) that any such gift is required to be satisfied only by property which qualifies under said federal statutes, or such regulation, for such marital deduction; or (3) that any property allotted to the satisfaction of any such gift is required to be allotted at the values determined for such property, whether by agreement, litigation or otherwise, in such proceedings for the assessment of said federal estate tax or at values to be determined in any other reasonable manner.
(1953, S. 2930d; P.A. 80-476, S. 238.)
History: P.A. 80-476 made minor wording change and replaced alphabetic Subdiv. indicators with numeric indicators; Sec. 45-174 transferred to Sec. 45a-265 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-266. (Formerly Sec. 45-175a). - Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate.

(a) Where any property, subject to any lien, security interest or other charge at the time of the decedent's death, is specifically disposed of by will, passes to a distributee, or passes to a joint tenant under a right of survivorship, or where the proceeds of any policy of insurance on the life of the decedent are payable to a named beneficiary and such policy is subject to any lien, security interest or other charge, the fiduciary, as defined in section 45a-353, is not responsible for the satisfaction of such encumbrance out of the assets of the decedent's estate, unless, in the case of a will, the testator has expressly or by necessary implication indicated otherwise. A general provision in the will for the payment of debts is not such an indication.
(b) Any such encumbrance is chargeable against the property of the decedent or the proceeds of a policy of insurance on the life of the decedent, subject thereto. Nothing in this section imposes upon a testamentary beneficiary, distributee, joint tenant or named insurance beneficiary any personal liability for the payment of the debt secured by such encumbrance.
(c) Where any lien, security interest or other charge encumbers: (1) Property passing to two or more persons, the interest of each such person shall, only as between such persons, bear its proportionate share of the total encumbrance; (2) two or more properties, each such property shall, only as between the recipients thereof, bear its proportionate share of the total encumbrance.
(1971, P.A. 79, S. 1; P.A. 73-297; P.A. 80-476, S. 239; P.A. 87-384, S. 24; P.A. 90-230, S. 60, 101; P.A. 93-67.)
History: Section applicable with respect to all wills and codicils executed on and after October 1, 1971; P.A. 73-297 substituted “mortgage” for “secured debt” and “security interest”; P.A. 80-476 substituted “real property” for “real estate”; P.A. 87-384 deleted former provisions and added provisions re responsibility of fiduciary for encumbrances on property of decedent or on proceeds of life insurance; P.A. 90-230 corrected an internal reference in Subsec. (a); Sec. 45-175a transferred to Sec. 45a-266 in 1991; P.A. 93-67 applied provisions to property passing to a joint tenant under right of survivorship.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802a - Wills: Execution and Construction › Section 45a-267. (Formerly Sec. 45-184). - Bequest of perishable property for life or years.

When a testator, by his will, bequeaths the use, for life or for a term of years, of any livestock, provisions, wearing apparel or other personal property which will necessarily be consumed by using, such bequest shall give to the legatee an absolute estate in the property so bequeathed.
(1949 Rev., S. 6972.)
History: Sec. 45-184 transferred to Sec. 45a-267 in 1991.
Annotations to former section 45-184:
Cited. 63 C. 309. Farming tools are consumable by use. 113 C. 272. Cited. 129 C. 352.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-274. (Formerly Sec. 45-266a). - Payment of medical or health benefits.

When any decedent is entitled to payment of medical benefits, federal or state, or insurance or health benefits or proceeds, or other intangible personal property owned by or payable to the decedent or to the decedent's estate in a sum not exceeding one thousand dollars, the judge of probate for the district within which such decedent resided may name an administrator, ex parte, for the purpose of enabling distribution to the surviving spouse or, if there is no surviving spouse, to the next of kin of such decedent or to the funeral director or physician, as the case may be, upon evidence satisfactory to him that all debts have been paid or provided for as prescribed by section 45a-365.
(1967, P.A. 558, S. 54; P.A. 80-476, S. 228; P.A. 11-128, S. 6.)
History: P.A. 80-476 rephrased provisions but made no substantive changes; Sec. 45-266a transferred to Sec. 45a-274 in 1991; P.A. 11-128 substituted reference to Sec. 45a-365 for reference to Sec. 45a-392 and made technical changes, effective July 1, 2011.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-275. (Formerly Sec. 45-266b). - Applicability of statutes.

Sections 45a-273 and 45a-274 shall apply only to estates of decedents for whom no will is presented for probate or no application for administration is filed within thirty days after death.
(1967, P.A. 558, S. 51; P.A. 80-476, S. 229.)
History: P.A. 80-476 rephrased provisions but made no substantive change; Sec. 45-266b transferred to Sec. 45a-275 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-276. (Formerly Sec. 45-266c). - Comity recognition of foreign decrees.

(a) The holder or registrant of any property, listed in section 45a-273, in this state of a nondomiciliary decedent, as a matter of comity, may recognize a like decree or other form of certification of a judge or clerk of a probate court made under a statute of another state, providing for the settlement of small estates without administration, for the purpose of payment or transfer of any such property of such decedent in this state, provided a holder or registrant of such property in such other state shall, whether pursuant to statute or otherwise, recognize and pay or transfer such property pursuant to a decree entered under this section.
(b) Any such transfer or payment shall, to the extent of the amount so transferred or paid, discharge the registrant or holder of such property from liability to any person on account thereof.
(c) As used in this section, the word “state” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(P.A. 73-464, S. 2; P.A. 80-476, S. 230.)
History: P.A. 80-476 divided section into Subsecs; Sec. 45-266c transferred to Sec. 45a-276 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-282. (Formerly Sec. 45-164). - Custodian of will to deliver it after testator's death. Penalty.

(a) Any person having in his possession any will or codicil shall, forthwith, after he has knowledge of the death of the testator, deliver such will either to the person designated to be the executor or one of the persons designated to be an executor thereof, or to the judge, clerk or assistant clerk of the court of probate which by law has jurisdiction of the estate of such deceased person.
(b) On the neglect of such person to do so within the period of thirty days after he has knowledge of the death of the testator, he shall be fined not more than one thousand dollars or imprisoned not more than one year or both.
(1949 Rev., S. 6958; P.A. 80-476, S. 240.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-164 transferred to Sec. 45a-282 in 1991.
Annotations to former section 45-164:
Cited. 67 C. 320. Suppression of last will and substitution of revoked earlier one constitute violation of statute, and agreement to do so is void. 124 C. 96. Cited. 194 C. 635.
Cited. 5 CS 297. Must be read with Secs. 45-163 and 45-165. 14 CS 370.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-283. (Formerly Sec. 45-163). - Executor to apply for probate of will. Penalty.

(a) Every person having knowledge of his designation in a will as an executor of a testator's estate shall, within thirty days next after the death of the testator, apply for probate of the will to the court of probate of the district where the testator was domiciled at his death.
(b) Every such person neglecting to do so shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 6962; P.A. 80-476, S. 241; P.A. 84-294, S. 9; P.A. 12-80, S. 47.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-294 amended Subsec. (a) by changing “last dwelt” to “was domiciled at his death”; Sec. 45-163 transferred to Sec. 45a-283 in 1991; P.A. 12-80 amended Subsec. (b) to replace penalty of a fine of not more than $100 or imprisonment of not more than 30 days or both with a fine of not more than $250.
Annotations to former section 45-163:
Appointment of debtor as executor does not release debt. 6 C. 129. Renunciation of executor may be implied. 16 C. 298; 27 C. 520; 49 C. 421. Cited. 34 C. 446. Incapable person may “dwell” within meaning of statute in some other district than that in which he resided when conservator was appointed. 48 C. 165. Cited. 63 C. 306; 67 C. 320. Offer of exemplified copy where original will of resident of this state has been probated in another as basis for ancillary administration. 77 C. 644. Duty of court to make decision as to residence of deceased. 86 C. 351. Public policy of establishment of every legally executed last will. 124 C. 100. Office of executor or administrator does not terminate during his lifetime unless he is removed. 151 C. 598. Cited. 152 C. 528; 156 C. 118; 194 C. 635.
Statute same as 4953 of the 1918 Revision although the alternative extended to the executor there has since been omitted. 14 CS 369. Cited. 20 CS 262.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-284. (Formerly Sec. 45-164a). - Opening of safe deposit boxes to search for a will.

Whenever the sole owner of a safe deposit box dies, his next of kin, spouse, or any person showing a sufficient interest in the presence of a will may apply to the Court of Probate for an order to open the decedent's safe deposit box to obtain any will or cemetery deed that may be contained therein. The Court of Probate may issue such order ex parte. The safe deposit box shall be opened in the presence of an officer of the bank who shall make return of such order to the court stating: (1) That only the will or cemetery deed was removed from the safe deposit box or (2) that there was no such will or cemetery deed in the safe deposit box and nothing was removed.
(P.A. 75-53; P.A. 80-476, S. 242.)
History: P.A. 80-476 added Subdiv. indicators and made minor wording changes; Sec. 45-164a transferred to Sec. 45a-284 in 1991.
See Sec. 45a-277 re opening of deceased owner's safe deposit box to access jointly held stocks, bonds, annuities or certificates of deposit.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-285. (Formerly Sec. 45-166). - Proof of will out of court.

Any or all of the attesting witnesses to any will may, at the request of the testator or, after his decease, at the request of the executor or any person interested under it, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating such facts as they would be required to testify to in court to prove such will. The affidavit shall be written on such will or, if that is impracticable, on some paper attached thereto. The sworn statement of any such witness so taken shall be accepted by the Court of Probate as if it had been taken before such court.
(1949 Rev., S. 6959; P.A. 80-476, S. 243.)
History: P.A. 80-476 made minor wording changes; Sec. 45-166 transferred to Sec. 45a-285 in 1991.
Annotations to former section 45-166:
Party contesting will may require attendance of all witnesses within reach of process. 36 C. 280; 91 C. 269. Cited. 57 C. 188. Not unconstitutional as violating right to trial by jury; affidavit admissible in appellate court. 74 C. 257. Proponents of will are not required, even on demand by contestants, to call all available attesting witnesses to witness stand. 150 C. 651.
Annotation to present section:
Cited. 218 C. 220.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-286. (Formerly Sec. 45-167). - Hearing required before proving or rejecting a will. Notice.

Any court of probate shall, before proving or disapproving any last will and testament, or codicil thereto, hold a hearing thereon, of which notice, either public or personal or both, as the court may deem best, has been given to all parties known to be interested in the estate, unless all parties so interested sign and file in court a written waiver of such notice, or unless the court, for cause shown, dispenses with such notice. The finding by any such court that the estate is not more than sufficient to pay the expenses of administration and of the funeral and last sickness shall be sufficient cause to dispense with such notice.
(1949 Rev., S. 6960; P.A. 80-476, S. 244.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-167 transferred to Sec. 45a-286 in 1991.
See Sec. 12-358 re reports to Revenue Services Commissioner by clerks of probate courts and re certified copies of wills and papers.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotations to former section 45-167:
Issuance of order of notice alone not a taking of jurisdiction which will justify writ of prohibition. 86 C. 354. Notice where administration applied for on ground of 7 years' absence. 88 C. 425. What is a proper notice. 96 C. 323. Legal notice is sufficient; actual notice not necessary. 107 C. 284. “Known” means known to the Probate Court. 129 C. 309. Cited. 152 C. 530. Appeal period deemed 30 days following written waiver of notice. 162 C. 36. Cited. 169 C. 382; 178 C. 189; 185 C. 25.
“Interested person” must have pecuniary interest. 9 CS 21. “Known” means known to Probate Court; notice by registered mail to those parties known by it to be interested is all the personal notice the court is authorized to give. 19 CS 104. Cited. 22 CS 233.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-289. (Formerly Sec. 45-169). - When bond required of executor. Amount of bond. Reduction of bond.

(a) A probate bond shall be required of an executor, unless such bond is excused as provided by law.
(b) If the will designates a person to be an executor and directs that no bond or that a bond of a certain amount only shall be required of such executor, the Probate Court shall follow such provisions of the will if no objection to such provisions has been filed, provided, if an objection has been filed or the Court of Probate determines that for cause shown the filing of a bond is necessary for the protection of creditors or to assure the payment of succession taxes, or both, a bond shall be required in an amount which shall not be less than an amount equal to twice the amount of the debts of the deceased as estimated by the court or to the amount of the tax on any untaxed property plus the succession tax as estimated by the court or to the amount named in the will, whichever of such amounts is the greatest.
(1949 Rev., S. 6963; 1963, P.A. 513; 1967, P.A. 301; 1969, P.A. 231; P.A. 80-227, S. 16, 24; 80-476, S. 247.)
History: 1963 act added provision authorizing court to excuse posting of bond unless objection is filed or bond deemed necessary to protect creditors and assure payment of succession taxes; 1967 act rephrased authorization to excuse posting of bond and made court's excusing of bond mandatory rather than optional, substituting “shall” for “may”; 1969 act added provision authorizing court to reduce bond after interim account has been allowed; P.A. 80-227 rephrased provisions and deleted provision authorizing court to reduce bond following acceptance of interim account, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-169 transferred to Sec. 45a-289 in 1991.
Annotations to former section 45-169:
Executors liable jointly as principals to surety for default of one of their number. 2 C. 540. Cited. 49 C. 424. Approval of bond relates back to time of filing; “accepted” as showing approval. 73 C. 435. Bond does not cover proceeds of land sold by order of court. 77 C. 75.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-291. (Formerly Sec. 45-189). - Executor to administer intestate part of an estate.

When a will which disposes of only a part of the estate of the testator is admitted to probate, the executor of such will, or the administrator with the will annexed, shall, unless otherwise specified in such will, be, ex officio, the administrator of the intestate estate and shall proceed to settle the entire estate according to the will and according to law.
(1949 Rev., S. 6977.)
History: Sec. 45-189 transferred to Sec. 45a-291 in 1991.
Annotations to former section 45-189:
Cited. 70 C. 375; 133 C. 703.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-292. (Formerly Sec. 45-190). - Executor of an executor.

The executor of an executor shall not as such administer the estate of the first testator.
(1949 Rev., S. 6978.)
History: Sec. 45-190 transferred to Sec. 45a-292 in 1991.
Annotation to former section 45-190:
Cited. 70 C. 375.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-293. (Formerly Sec. 45-179). - Notice of devise or bequest to corporation.

Within thirty days after the admission to probate of any will containing a devise or bequest to any corporation or voluntary association, the judge, clerk or assistant clerk of the court of probate before which it has been proved shall mail, postage paid, a written notice thereof, directed to the devisee or legatee at the place where it is located.
(1949 Rev., S. 6967; P.A. 80-476, S. 249.)
History; P.A. 80-476 substituted the verb “mail” for “deposit in the post office”; Sec. 45-179 transferred to Sec. 45a-293 in 1991.
Annotation to former section 45-179:
Cited. 98 C. 335.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-294. (Formerly Sec. 45-185). - Expenses of executor or administrator in will contest.

(a) The court of probate having jurisdiction of the testate estate of any person shall allow to the executor his just and reasonable expenses in defending the will of such person in the probate court, whether or not the will is admitted to probate.
(b) If there is an appeal from the order or decree of such court, admitting or refusing to admit to probate the will of such person, the court of probate shall allow to the executor or administrator his just and reasonable expenses in supporting and maintaining or defending against such will, on such appeal.
(c) Such expenses shall be charged by such court pro rata against the respective rights or shares of the devisees and legatees under such will and the distributees of such estate.
(1949 Rev., S. 6973; P.A. 80-476, S. 250.)
History: P.A. 80-476 divided section into Subsecs. and made minor language changes made necessary by doing so; Sec. 45-185 transferred to Sec. 45a-294 in 1991.
Annotation to former section 45-185:
Right of appeal expressly recognized in section. 9 CS 223.
Annotation to present section:
No absurdity results from a court order, issued pursuant to section, granting reimbursement of expenses in defending will in admissions process to nominated executor, and Subsec. (a) expressly provides for reimbursement of expenses whether or not will is admitted to probate. 197 CA 240.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-295. (Formerly Sec. 45-186). - Court may revoke, annul or set aside order or decree passed under revoked will. Subsequent settlement procedure.

(a) When it appears to any Probate Court, pending proceedings before it for the settlement of the estate of a deceased person as a testate estate, that the will under which such proceedings were commenced and have been continued had been revoked in accordance with the provisions of subsection (b) of section 45a-257 of the general statutes, revision of 1958, revised to January 1, 1995, with respect to any will executed on or after October 1, 1967, and prior to January 1, 1997, or in accordance with the provisions of section 45a-257 with respect to any will executed on or after January 1, 1997, the court shall have power to revoke, annul and set aside any order or decree proving or approving the will so revoked and any other order or decree made and passed by such court in the settlement of the estate under such will.
(b) The court may thereafter proceed with the settlement of the estate under a subsequent will if there is one or, if there is no subsequent will, may grant administration on the estate of such deceased person and proceed with the settlement of the estate as an intestate estate upon such notice to all parties in interest as the court orders.
(1949 Rev., S. 6974; P.A. 79-569, S. 2; P.A. 80-476, S. 251; P.A. 13-81, S. 5.)
History: P.A. 79-569 referred to revocation of will in accordance with Sec. 45-162(b) rather than revocation “by the testator by a subsequent will or by the marriage of the testator or by the birth or adoption of a child”; P.A. 80-476 divided section into Subsecs. and made minor wording changes, substituting “the” for “such”; Sec. 45-186 transferred to Sec. 45a-295 in 1991; P.A. 13-81 amended Subsec. (a) to substitute “Probate Court” for “court of probate” and add reference to Sec. 45a-257(b) of general statutes, revision of 1958, revised to January 1, 1995, re will executed on or after October 1, 1967, and prior to January 1, 1997, and Sec. 45a-257 re will executed on or after January 1, 1997.
Annotations to former section 45-186:
Word “revoked” is not to be construed as limited to a complete revocation of former will. 152 C. 206.
Where plaintiffs made motion to dismiss defendant's application for probate and appealed to Superior Court from Probate Court's dismissal of motion, held appeal must be erased for lack of jurisdiction. 23 CS 101.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-296. (Formerly Sec. 45-187). - Procedure if, on appeal, will is set aside after partial settlement. Effect on fiduciary.

When a will is admitted to probate by a court of probate, and an appeal is taken from the probate of such will, the acts done in good faith by the executor of such will or by an administrator with the will annexed in settling the estate of the testator shall be deemed valid to the same extent as if no appeal had been taken. When an inventory and appraisal have been returned to court by such executor or administrator with the will annexed, and when an order limiting the time for the presentation of claims against the estate of such testator has been passed and published, a further inventory and appraisal shall not be required except of property not included in the inventory returned to court, and further time need not be given for presentation of claims against such estate, if upon such appeal such will is set aside by the Appellate Court. Nothing in this section shall authorize the executor or administrator with the will annexed to pay any legacies named in the will so appealed from while such appeal is pending.
(1949 Rev., S. 6975; P.A. 80-476, S. 252.)
History: P.A. 80-476 restated provisions; Sec. 45-187 transferred to Sec. 45a-296 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-297. (Formerly Sec. 45-188). - Procedure if will is found after partial settlement.

When it appears to any court of probate, during proceedings before it for the settlement of the estate of a deceased person as an intestate estate, that such deceased person left a will, the court shall have power to revoke any order or decree granting letters of administration upon such estate and any other order or decree made by the court in the settlement of such estate as an intestate estate. The court may thereafter proceed with the settlement of such estate under such will, upon notice to all parties in interest as required in the settlement of testate estates. The acts already done in good faith before the court revokes the order or decree granting administration by the administrator of such estate in the settlement thereof shall be deemed valid to the same extent as if such letters had not been revoked. If an inventory and appraisal have been returned to the court by such administrator, a further inventory or appraisal shall not be required, except of property not included in such inventory. If an order limiting the time for the presentation of claims against such estate has been passed and published, further time shall not be required to be given for presentation of such claims.
(1949 Rev., S. 6976; P.A. 80-476, S. 253.)
History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-188 transferred to Sec. 45a-297 in 1991.
Annotations to former section 45-188:
Cited. 114 C. 545. Administrator removed upon admission of will has no interest entitling him to appeal. 117 C. 201. Probate decree admitting will to probate and granting administration c.t.a. implicitly revoked and terminated the prior intestate administration of plaintiff. 167 C. 396.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-309. (Formerly Sec. 45-195a). - Finding of domicile.

(a) Upon the admission of any will to probate or the appointment of an administrator of the estate of any deceased person, or the placing of a will on file under section 45a-288, the Court of Probate shall make a finding as to the domicile of such person at the time of death. Upon application of any interested party, the Court of Probate may grant any administration or admit any will to probate or place any will on file subject to a subsequent and final finding of domicile, or for any other reason the Court of Probate may find proper, and upon such conditions and limitations as the Court of Probate shall determine advisable for the due and proper administration of the decedent's estate. Any person interested in such estate may appeal from such finding as provided in section 45a-186.
(b) Notwithstanding the provisions of subsection (a) of this section, any such finding of domicile shall be subject to a subsequent determination of domicile in accordance with the provisions of chapter 217.
(P.A. 80-410, S. 2; P.A. 85-193, S. 5; P.A. 97-165, S. 8, 16.)
History: P.A. 85-193 added references to placing of wills on file under Sec. 45-171; Sec. 45-195a transferred to Sec. 45a-309 in 1991; P.A. 97-165 designated existing provisions as Subsec. (a) and added new Subsec. (b) re finding of domicile subject to a subsequent determination of domicile in accordance with chapter 217, effective July 1, 1997.
See Sec. 45a-186 re appeal procedure.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-315. (Formerly Sec. 45-249a). - “Fiduciary” defined.

As used in sections 45a-129, 45a-205, 45a-242 to 45a-244, inclusive, 45a-273 to 45a-276, inclusive, 45a-315 to 45a-318, inclusive, and 45a-320 to 45a-334, inclusive, unless otherwise required by the context, “fiduciary” includes the executor or administrator of a decedent's estate.
(P.A. 80-476, S. 293.)
History: Sec. 45-249a transferred to Sec. 45a-315 in 1991.