reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-426. (Formerly Sec. 45-271b). - Protection of legacies.

(a) All pecuniary legacies given in any will shall, if the personal property of the testator is insufficient for the payment thereof, be a charge on his real property not specifically described and devised, unless otherwise directed in such will.
(b) Specific legacies shall not be taken or sold for the payment of debts and charges against the estate of the testator when there is other property, real or personal, sufficient and available therefor and not specifically devised or bequeathed; but real property may be sold in lieu thereof, when it is necessary for such purpose, unless such will otherwise directs.
(1949 Rev., S. 6953; P.A. 80-476, S. 313.)
History: P.A. 80-476 divided section into Subsecs. and substituted “property” for “estate”; Sec. 45-175 transferred to Sec. 45-271b in 1981; Sec. 45-271b transferred to Sec. 45a-426 in 1991.
Annotations to former section 45-175:
What legacies not specific. 42 C. 346. Right of devisee of mortgaged land to receive it free of mortgage. 68 C. 198; 74 C. 96; Id., 459; 78 C. 481; 79 C. 364. Statute construed. 71 C. 529; 103 C. 371. Debts are to be paid primarily out of personal estate. 74 C. 99. Gift of real estate “after payment of above legacies” charges them on land. 72 C. 253. Marshaling legacies where some are charged on land and others are not. 76 C. 267. Subrogation where personal property specifically given is used to pay legacies charged on real estate. Id., 268. General and specific legacies distinguished. 85 C. 494. Application to debts incurred by executors in running a farm. 103 C. 369. Lands specifically devised not subject to payment of debts until other assets exhausted. 106 C. 611. Cited. 141 C. 102. Devise of proceeds of sale of real property to be held in trust for plaintiff under terms of wife's will required mortgage on property sold to be satisfied from estate, not proceeds of sale, where other estate property existed from which mortgage could be paid. 157 C. 181. Cited. 158 C. 232; Id., 292.
Conditions under which acceptance of devised property will satisfy claim of the donee against decedent's estate. 17 CS 26. The only restrictions on specifically devised property are those imposed by section. Id., 501.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-427. (Formerly Sec. 45-271c). - Sale of real property to pay legacies.

When the payment of a pecuniary legacy is charged, or is by law chargeable, upon the real property of the testator, or when devised real property is to be sold and no provision is made by the will for the sale, or there is no person designated to sell who is capable or willing to act, the Court of Probate may order the sale of such estate, or so much thereof as may be necessary to effect the intention of the testator and to pay the incidental charges, by such person and in such manner as it deems proper.
(1949 Rev., S. 6969; P.A. 80-476, S. 314.)
History: P.A. 80-476 substituted “real property” for “real estate” and made minor change in wording; Sec. 45-181 transferred to Sec. 45-271c in 1981; Sec. 45-271c transferred to Sec. 45a-427 in 1991.
Annotations to former section 45-181:
Until statute, equity alone had the power to order real estate sold to pay legacy charged thereon. 27 C. 535. Cited. 121 C. 112.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-428. (Formerly Sec. 45-271d). - Sale or mortgage of real property specifically devised. Procedures for solvent and insolvent estates.

(a) If the Court of Probate finds that the estate of a deceased person is insolvent and if the real property has been specifically devised or if the court finds that the estate of such person is solvent but that there are no assets of the estate, other than real property specifically devised or forbidden by will to be sold or mortgaged, from which debts, taxes and administration charges against the estate may be paid, the court shall order personal notice of the pendency of the application for a decree authorizing the sale or mortgage of such real property to be given to all devisees of such real property whose existence, names and residences can be ascertained by the court and shall order such other notice as it deems advisable to be given to all such devisees whose existence, names and residences cannot be ascertained by the court.
(b) Except as provided in this section, real property of a decedent whose estate is solvent and either specifically devised by will or forbidden by will to be sold or to be mortgaged shall not be so ordered to be sold or mortgaged without the written consent of the specific devisees or other parties interested as distributees of such real property or of the guardians ad litem or guardians or conservators of the estates of those not legally competent so to consent.
(1949 Rev., S. 7023; 1953, S. 2938d; P.A. 80-476, S. 315.)
History: P.A. 80-476 divided section into Subsecs., substituted “real property” for “real estate” and made minor changes in wording; Sec. 45-239 transferred to Sec. 45-271d in 1981; Sec. 45-271d transferred to Sec. 45a-428 in 1991.
Annotation to former section 45-239:
Where widow had life use of husband's estate consisting only of real estate, Probate Court could authorize executor to mortgage estate without her consent, even though estate was probated as a solvent estate. 17 CS 500.
Annotations to present section:
Subsec. (a):
Where estate had insufficient assets other than specifically devised real property, and although title to the property passed to decedent's devisees at her death, such title was not absolute and Probate Court possessed authority to order sale of the subject property. 79 CA 309. Where court determined it was necessary for executor of estate to have possession and control of real property so as to market it for sale in compliance with order of Probate Court, any interest or title in such property that would have otherwise passed under decedent's will was terminated upon the issuance of Probate Court's order to market property for sale and in fact never came into being, and legal title to such property belonged to estate. 118 CA 577.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-429. (Formerly Sec. 45-271e). - Contribution where estate is taken to pay debts.

When any estate bequeathed or devised to any person is taken for the payment of debts and charges, all the other legatees, devisees or heirs shall contribute their proportional part of the estate to the person from whom such legacy or devise is taken and he may maintain an action to compel such contribution.
(1949 Rev., S. 6968; P.A. 80-476, S. 316.)
History: P.A. 80-476 deleted exception re widows “in case the devise has been made in lieu of dower” and made wording change; Sec. 45-180 transferred to Sec. 45-271e in 1981; Sec. 45-271e transferred to Sec. 45a-429 in 1991.
Annotations to former section 45-180:
At common law, gift to widow in lieu of dower does not abate ratably with other legacies. 23 C. 330; 26 C. 263. Section applies only when will is silent or its intent uncertain. 68 C. 201. Applies only in favor of specific legatees or devisees who have been deprived of their property by judicial sales. 71 C. 530. Cited. 86 C. 462; 158 C. 292.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-430. (Formerly Sec. 45-271f). - When distributees to give security for contingent or future debts.

Each person to whom any part of an estate is distributed or paid by order of the Court of Probate and each person to whom any property is devised or bequeathed when no sufficient provision has been made by the will for the payment of the debts out of some particular property shall, upon the request of any person having a claim against the estate, contingent or not yet matured, give a bond to the state, with surety to the acceptance of the Court of Probate. The bond shall stipulate that if, after the settlement of the estate, debts appear and are allowed, such person will pay to the fiduciary his proportional part of such debts and of the charges of the fiduciary.
(1949 Rev., S. 7064; P.A. 80-476, S. 317.)
History: P.A. 80-476 substituted “property” for “estate” and “fiduciary” for “executor or administrator” and made minor changes in wording; Sec. 45-281 transferred to Sec. 45-271f in 1981; Sec. 45-271f transferred to Sec. 45a-430 in 1991.
Annotations to former section 45-281:
Bond given under section does not discharge lien on real estate for debts of decedent. 6 C. 268. Liability of distributees to refund to pay debts subsequently arising. 83 C. 75; 86 C. 470.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-432. (Formerly Sec. 45-284). - Distribution of estate, testate in part.

When part of an estate has been devised or bequeathed and part is intestate and held in common with the devisees or legatees, the Court of Probate may order a distribution of such estate.
(1949 Rev., S. 7067.)
History: Sec. 45-284 transferred to Sec. 45a-432 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-435. (Formerly Sec. 45-272b). - Personal property that may be set out to spouse from insolvent estate.

When the personal property of the deceased, exclusive of household goods exempt from execution, is not sufficient for the payment of his or her debts, the Court of Probate shall set out such household goods and may set out any other exempt property to the surviving spouse.
(1949 Rev., S. 7034; P.A. 74-91, S. 2; P.A. 80-476, S. 321.)
History: P.A. 74-91 substituted “surviving spouse” for references to widows; P.A. 80-476 substituted “property” for “estate” and rephrased provisions; Sec. 45-251 transferred to Sec. 45-272b in 1981; Sec. 45-272b transferred to Sec. 45a-435 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-437. - Intestate succession. Distribution to spouse.

(a) If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to section 45a-320, which the surviving spouse shall take is:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely;
(2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely;
(3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely;
(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.
(b) For the purposes of this section:
(1) Issue includes children who qualify for inheritance under the provisions of section 45a-438 and the legal representatives of such children;
(2) A person shall be considered a parent if the person qualifies for inheritance from or through the child under the provisions of section 45a-438b.
(P.A. 90-146, S. 10; P.A. 92-118, S. 4; P.A. 14-104, S. 3; P.A. 21-15, S. 102.)
History: P.A. 92-118 changed reference to “45a-437” to “45a-438”; P.A. 14-104 amended Subsec. (b) to designate existing provision re issue as Subdiv. (1) and amend same to redefine “issue”, add Subdiv. (2) re when father of child born out of wedlock is considered a parent, and make technical changes; P.A. 21-15 amended Subsec. (b) by deleting “born out of wedlock” in Subdiv. (1) and by replacing “father of a child born out of wedlock” with “person” and making a conforming change in Subdiv. (2), effective January 1, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-438a. (Formerly Sec. 45-275). - Distribution of intestate estate of minor.

Section 45a-438a is repealed.
(1949 Rev., S. 7059; P.A. 80-476, S. 323; P.A. 96-202, S. 13.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-438b. - Inheritance of parent from or through child.

Except as provided in section 45a-731, for the purposes of this chapter, a parent and the parent's kindred shall qualify for inheritance from or through a child if parentage is established in accordance with the provisions of the Connecticut Parentage Act or by adoption. If parentage is based on subdivision (3) of subsection (a) of section 46b-488 or sections 46b-495 to 46b-505, inclusive, of the Connecticut Parentage Act, parentage shall be established by a voluntary acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive, of the Connecticut Parentage Act, or by court adjudication.
(P.A. 91-109, S. 2; P.A. 14-104, S. 5; P.A. 21-15, S. 104.)
History: P.A. 14-104 replaced former provisions with provisions re inheritance of father of child born out of wedlock; P.A. 21-15 replaced “father and his kindred” with “parent and the parent's kindred” and replaced provisions re inheriting through father if paternity established by written acknowledgment of paternity under Sec. 46b-172 or adjudicated by court of competent jurisdiction under Ch. 815y with provisions re establishing parentage in accordance with the Connecticut Parentage Act or by adoption, effective January 1, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-440. (Formerly Sec. 45-287). - Simultaneous death; disposition of property.

(a)
When no sufficient evidence of survivorship.
When the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this section.
(b)
Successive beneficiaries.
When two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and such portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
(c)
Joint tenants.
When there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
(d)
Life or accident insurance.
When the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
(e)
Applicability.
This section shall not apply to the distribution of the property of a person who died before October 1, 1943, and shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision had been made for distribution of property otherwise than as provided by this section.
(1949 Rev., S. 7070.)
History: Sec. 45-287 transferred to Sec. 45a-440 in 1991.
Annotations to former section 45-287:
Cited. 16 CS 442. Proceeds paid to estate of beneficiary who died in a common disaster with insured may be recovered by estate of insured. 20 CS 355.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-440a. (Formerly Sec. 45-287a). - When deaths of husband and wife presumed simultaneous.

It shall be presumed that the deaths of husband and wife were simultaneous when there is no evidence to indicate the priority of death of either.
(1949 Rev., S. 7048.)
History: Sec. 45-261 transferred to Sec. 45-287a in 1981; Sec. 45-287a transferred to Sec. 45a-440a in 1991.
Annotation to former section 45-261:
Where husband and wife perish in same disaster and there is no conclusive evidence who died first, method provided for distribution in statute will apply. 16 CS 441.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-441. (Formerly Sec. 45-276a). - Death of devisee or legatee.

When a devisee or legatee, being a child, stepchild, grandchild, brother or sister of the testator, dies before him, and no provision has been made in the will for such contingency, the issue of such devisee or legatee shall take the estate so devised or bequeathed.
(1949 Rev., S. 6954; P.A. 87-355, S. 2.)
History: Sec. 45-176 transferred to Sec. 45-276a in 1981; P.A. 87-355 applied provisions to stepchildren; Sec. 45-276a transferred to Sec. 45a-441 in 1991.
Annotations to former section 45-176:
Cited. 65 C. 41. Creates in effect a gift to the legatee and to his issue in case he dies before testator. 74 C. 144. “Brother” includes half-brother. 79 C. 563. Section applies though will republished after death of legatee. 88 C. 406. Cited. 93 C. 76. Applies to gifts to a class, but will not avail where decedent died before will was made and so never became a member of the class. 97 C. 438. Cited. 124 C. 584; 127 C. 9; 159 C. 35.
Statute extended to cover situation where a brother of the testator died before the will was executed; the legacies were distributed per stirpes. 11 CS 133.
Annotations to present section:
Cited. 218 C. 220.
Statute is intended to prevent unintended disinheritance and intestacy, is remedial and should be read liberally and therefore, in this case, allows heirs of deceased beneficiary to inherit even where will named beneficiary “if she survives me” because will contained no contingent provisions for share of estate in the event of beneficiary's death. 93 CA 432.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-442. (Formerly Sec. 45-276b). - Lapsed devises of real property.

When a specific devise of real property in any will executed after October 1, 1947, is void or lapses or for any other reason fails to take effect, the real property so devised, except as provided in section 45a-441, in the absence of any provision in the will for such contingency, shall pass under and be disposed of by the residuary clause in the will.
(1949 Rev., S. 6955; P.A. 80-476, S. 325.)
History: P.A. 80-476 substituted “real property” for “real estate”; Sec. 45-177 transferred to Sec. 45-276b in 1981; Sec. 45-276b transferred to Sec. 45a-442 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-443. (Formerly Sec. 45-285). - Shares may be set out in real or personal property.

After the share or interest of the husband or wife has been distributed and set out, in the distribution of any estate, the share or interest of any distributee of the estate may be distributed and set out to such distributee in real or personal property, or both.
(1949 Rev., S. 7068; P.A. 80-476, S. 326.)
History: P.A. 80-476 substituted “personal property” for “personal estate” and made other minor changes; Sec. 45-285 transferred to Sec. 45a-443 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-444. (Formerly Sec. 45-282). - Distribution of real property held by different titles.

When different parcels of real property have descended to the same persons as heirs of different intestates or have been devised to the same devisees by different testators, the court of probate having jurisdiction of the several estates of such deceased persons may cause such real property to be distributed among such joint owners by distributors appointed for that purpose, in the same manner as though the whole of such real property were held under one and the same title. Such distribution, when accepted by the court, shall be valid.
(1949 Rev., S. 7065; P.A. 80-476, S. 327.)
History: P.A. 80-476 substituted “real property” for “real estate” and made minor changes in wording; Sec. 45-282 transferred to Sec. 45a-444 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-445. (Formerly Sec. 45-283). - Distribution of proceeds of deceased minor's real property.

The proceeds of the real property of any minor sold under an order or decree of any court empowered to order such sale and any investment of such proceeds which have not been expended for such minor according to law shall, in case of his decease, be distributed as such real property would have been if unsold.
(1949 Rev., S. 7066; P.A. 80-476, S. 328.)
History: P.A. 80-476 rephrased provisions and substituted “real property” for “real estate”; Sec. 45-283 transferred to Sec. 45a-445 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-446. (Formerly Sec. 45-277). - Distribution when heir, legatee or distributee is presumed to be dead. Liability of fiduciary.

(a) If, at any hearing before a court of probate on an application for an order for the distribution of the estate or for the payment of legacies provided for in the will of a deceased person whose estate is in process of settlement in the court, it is found by the court that any person who if living would be an heir at law of such decedent, or a legatee or distributee under such will, has been absent from his home and unheard of for a period of seven years or more next prior to the date of the death of the decedent and until the date of such hearing, the court shall find as a presumptive fact that such person died prior to the death of the decedent whose estate is in settlement, and shall order such distribution of the estate or payment of such legacies as would have been made if such person was known to have died prior to the death of the decedent whose estate is in settlement.
(b) After such administration and distribution, the fiduciary shall not be liable to the person so presumed to be dead in any action for the recovery of the estate.
(1949 Rev., S. 7061; P.A. 80-476, S. 329; P.A. 94-79, S. 2.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-277 transferred to Sec. 45a-446 in 1991; P.A. 94-79 deleted former Subsec. (b) that had required a person entitled to receive a legacy or distribution pursuant to Subsec. (a) to post a surety bond in the event the person presumed to be dead reappears and demands the amount paid or distributed, provided that the legacy or amount to be distributed be placed at interest if such person fails to post a bond with the interest paid annually to the person entitled to receive such estate, and prohibited the payment or distribution without the required security until five years after the death of the person whose estate is in settlement and replaced Subsec. (c) re liability of the fiduciary, distributee and legatee to the person presumed to be dead and to his executors, administrators, heirs or assigns with new Subsec. (b) re liability of the fiduciary to the person presumed to be dead in any action for the recovery of the estate.
Annotations to former section 45-277:
Heir taking under section may plead statute of limitations to suit to recover brought by missing heir. 90 C. 569.
Superior Court cannot determine heirs and distributees, only Probate Court may. 7 CS 106.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-449. (Formerly Sec. 45-278). - Property due person residing outside United States.

When it appears that a legatee, distributee, cestui or beneficiary not residing within the territorial limits of the United States of America or any territory or possession thereof would not have the benefit or use or control of property due him or that special circumstances make it desirable that delivery to him be deferred, any court of probate may in its discretion order: (1) That such legacy or distributive share be paid in whole or in part, to the executor, administrator, trustee or interested party for use by him in the purchase of goods such as food, clothing, medicine and the necessities of life to be sent to such legatee, distributee, cestui or beneficiary and that thereafter the executor, administrator, trustee or interested person account to the court indicating the purchase of such goods and forwarding the receipt for the same sent by said legatee, distributee, cestui or beneficiary; or (2) that such property be converted into available funds and paid to the State Treasurer, to be invested by him at his discretion and, together with any proceeds thereof, to be held subject to such further order as such court may enter, provided the reasonable fees, as allowed by such court, of the attorney for any such legatee, distributee, cestui or beneficiary whose funds are payable to the State Treasurer hereunder shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the State Treasurer.
(1951, 1953, S. 2946d; 1967, P.A. 781.)
History: 1967 act added provisions designated as Subdiv. (1) re payments to executor, administrator, etc. for use in purchase of food, clothing, medicine etc.; Sec. 45-278 transferred to Sec. 45a-449 in 1991.
Annotations to former section 45-278:
Cited. 153 C. 545. In absence of finding or offer of proof of power of attorney appellant claimed was given him by Lithuanian legatee whose funds were held by State Treasurer, order of Probate Court releasing funds to Lithuanian consul at request of legatee was affirmed. 156 C. 547.
Court held beneficiaries in Poland would have full use, benefit and control of inherited funds. 25 CS 187.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-450. (Formerly Sec. 45-286). - Descent or distribution of real property to be recorded.

(a) When the real property of any deceased person, or any part thereof or interest therein, is devised or distributed or set out to the devisee or devisees, heir or heirs or spouse of such decedent or is legally divided by the voluntary act of all the persons interested therein or descends to the heir or heirs or spouse of such decedent, the fiduciary of the estate of such decedent shall, within one month thereafter, or, in case of descent to the heir or heirs or spouse of such decedent, within one month after the acceptance by the court of the final administration account of such fiduciary, procure from the judge, clerk or assistant clerk of the court of probate having jurisdiction of the settlement of the estate of such decedent, and cause to be recorded in the land records of each of the towns in which such real property is situated, a certificate signed by such judge, clerk or assistant clerk. Such certificate shall contain the name, place of residence and mailing address of each person to whom such real property, or any portion thereof or interest therein, is distributed, set out or divided or descends, and a particular description of the estate, portion or interest distributed, set out or divided or descending to each person.
(b) Notwithstanding the provisions of subsection (a) of this section, a court of probate may, upon request of the fiduciary responsible for filing the account and after such notice and hearing as the court may order, issue a certificate as provided in said subsection prior to the acceptance of a final administration account if it finds that issuing such certificate is in the best interests of the parties in interest.
(c) If any fiduciary fails to perform the duties imposed upon him by the provisions of this section, he shall be fined not more than twenty-five dollars.
(1949 Rev., S. 7069; P.A. 77-15; P.A. 80-476, S. 332; P.A. 90-16; P.A. 22-129, S. 4.)
History: P.A. 77-15 deleted provision which set fee for making certificate of distribution at same rate as fee for copies of probate records and which specified that fees are to be paid as part of expenses of settling the estate; P.A. 80-476 divided section into Subsecs., substituted “property” for “estate”, “spouse” for “husband or wife” and “fiduciary” for “executor or administrator” and made other minor wording changes; P.A. 90-16 inserted new Subsec. (b) re issuance of certificate prior to acceptance of final account, relettering form Subsec. (b) as (c); Sec. 45-286 transferred to Sec. 45a-450 in 1991; P.A. 22-129 amended Subsec. (a) by requiring that certificate include mailing address of person to whom property is distributed, effective July 1, 2022.
See Sec. 12-363 re duty of surviving joint tenant to obtain and record in land records a certificate concerning death of co-owner and payment of succession tax.
Annotation to former section 45-286:
Cited. 13 CA 45.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-451. (Formerly Sec. 45-286a). - Securing of interest of remainderman in personal property after life estate.

When a life estate in any personal property is given by will to one with remainder to another, and there is no trustee named for such property during the continuance of the life estate therein, the court of probate having jurisdiction of such will may order the executor to deliver such personal property to the person having the life estate upon his giving a probate bond. It shall be the duty of the person having the life estate thereupon to safely and properly keep such property to be delivered to the person entitled to receive it on the determination of the life estate therein. If such person fails to give bond as provided in this section, the court shall appoint a trustee for such property during the continuance of such life estate who shall give a probate bond. The annual expense of such trust shall be chargeable upon the annual income of such property.
(1949 Rev., S. 6971; P.A. 80-227, S. 17, 24; 80-476, S. 333.)
History: P.A. 80-227 required trustee to give probate bond, effective July 1, 1981; P.A. 80-476 rephrased provisions and substituted “property” for “estate”; Sec. 45-183 transferred to Sec. 45-286a in 1981; Sec. 45-286a transferred to Sec. 45a-451 in 1991.
Annotations to former section 45-183:
At common law, life tenant of personal property may be compelled to give security in case of real danger of loss or removal. 8 C. 363; 13 C. 46; 34 C. 178. Section applies to all life legatees. 44 C. 463. Section does not interfere with powers of courts of equity in similar cases. 53 C. 172. Will may direct otherwise. 57 C. 201. Bond covers trustee's duties on termination of life estate. 60 C. 542. No other security or protection can be ordinarily required. Id., 541. Under what circumstances bond may be required. 65 C. 181, Id., 227; 69 C. 415; 71 C. 157. No bond can be required of a tenant in tail of personal property. 72 C 31. Life tenant may be restrained by injunction from using fund until bond given, where she has been wasting it. 80 C. 413. Statute applies to life tenant who is in effect a trustee. 91 C. 464. Bond is for protection of all persons interested in remainder, including persons entitled thereto through exercise of power of appointment given to life tenant. 124 C. 429. Statute does not apply to determinable fee; to obtain security in such case, application should be made to court of equity having jurisdiction. 129 C. 353.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-452. (Formerly Sec. 45-287b). - When property escheats to the state. Procedure.

When a probate court cannot identify or locate the person entitled to a distribution of property from an estate or trust being administered by it, or when a probate court determines that no person is entitled to any property on hand for distribution, the probate court shall order distribution of such property to the State Treasurer as abandoned property in accordance with the provisions of part III of chapter 32. A probate court shall cause reasonable efforts to be made to identify and locate the person entitled to the property for distribution before ordering distribution as abandoned property. Nothing in this section shall prevent a court of probate from approving an agreement pursuant to section 45a-434 provided all undetermined or missing distributees are represented by counsel and any such agreement is signed by such counsel.
(1949 Rev., S. 7078; 1961, P.A. 540, S. 26; P.A. 80-476, S. 334; P.A. 95-316, S. 12.)
History: 1961 act specified that when no owner of estate can be found estate shall be presumed abandoned; P.A. 80-476 restated provisions; Sec. 45-296 transferred to Sec. 45-287b in 1981; Sec. 45-287b transferred to Sec. 45a-452 in 1991; P.A. 95-316 entirely replaced former provisions with probate procedure re distribution of abandoned property to State Treasurer.
See Secs. 3-57a, 3-59a
–
3-64a re presumption of abandonment of property or ownership interest in business.
Annotation to former section 45-296:
Cited. 141 C. 471.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-458. (Formerly Sec. 45-298a). - Short title: Connecticut Uniform Disposition of Community Property Rights at Death Act.

Sections 45a-458 to 45a-466, inclusive, may be cited as the “Connecticut Uniform Disposition of Community Property Rights at Death Act”.
(P.A. 85-340, S. 1.)
History: Sec. 45-298a transferred to Sec. 45a-458 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-459. (Formerly Sec. 45-298b). - Application of chapter.

The provisions of sections 45a-458 to 45a-466, inclusive, shall apply to the disposition at death of the following property acquired by a married person:
(1) All personal property, wherever situated: (A) Which was acquired as, or became and remained, community property under the laws of another jurisdiction; or (B) all or the proportionate part of that property acquired with the rents, issues or income of, or the proceeds from or in exchange for, that community property; or (C) traceable to that community property;
(2) All or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, or the proceeds from or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction, or property traceable to that community property.
(P.A. 85-340, S. 2.)
History: Sec. 45-298b transferred to Sec. 45a-459 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-460. (Formerly Sec. 45-298c). - Rebuttable presumptions.

In determining the applicability of the provisions of sections 45a-458 to 45a-466, inclusive, to specific property, the following rebuttable presumptions apply:
(1) Property acquired during marriage by a spouse of the marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which sections 45a-458 to 45a-466, inclusive, apply; and
(2) Real property situated in this state, and personal property wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which sections 45a-458 to 45a-466, inclusive, apply.
(P.A. 85-340, S. 3.)
History: Sec. 45-298c transferred to Sec. 45a-460 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-461. (Formerly Sec. 45-298d). - Disposition of property at death.

Upon death of a married person, one-half of the property to which sections 45a-458 to 45a-466, inclusive, apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of such property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. With respect to property to which sections 45a-458 to 45a-466, inclusive, apply, the one-half of the property which is the property of the decedent is not subject to the right of the surviving spouse to elect against the will.
(P.A. 85-340, S. 4.)
History: Sec. 45-298d transferred to Sec. 45a-461 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-462. (Formerly Sec. 45-298e). - Perfection of title of surviving spouse.

If the title to any property to which sections 45a-458 to 45a-466, inclusive, apply was held by the decedent at the time of death, title to such property of the surviving spouse may be perfected by an order of the Probate Court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the Probate Court. Neither the personal representative nor the probate court in which the estate of the decedent is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which sections 45a-458 to 45a-466, inclusive, apply, unless a written demand is made by the surviving spouse or the spouse's successor in interest.
(P.A. 85-340, S. 5.)
History: Sec. 45-298e transferred to Sec. 45a-462 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-463. (Formerly Sec. 45-298f). - Perfection of title of personal representative, heir or devisee.

If the title to any property to which sections 45a-458 to 45a-466, inclusive, apply is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which sections 45a-458 to 45a-466, inclusive, apply unless a written demand is made by an heir, devisee or creditor of the decedent.
(P.A. 85-340, S. 6.)
History: Sec. 45-298f transferred to Sec. 45a-463 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-464. (Formerly Sec. 45-298g). - Security interest of purchaser for value or lender.

(a) If a surviving spouse has apparent title to property to which sections 45a-458 to 45a-466, inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.
(b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which sections 45a-458 to 45a-466, inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.
(c) A purchaser for value or a lender shall not be required to inquire whether a vendor or borrower acted properly.
(d) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
(P.A. 85-340, S. 7.)
History: Sec. 45-298g transferred to Sec. 45a-464 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-465. (Formerly Sec. 45-298h). - Creditor's rights.

Sections 45a-458 to 45a-466, inclusive, shall not (1) affect rights of creditors with respect to property to which said sections apply; (2) prevent married persons from severing or altering their interests in property to which said sections apply; or (3) authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
(P.A. 85-340, S. 8.)
History: Sec. 45-298h transferred to Sec. 45a-465 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-466. (Formerly Sec. 45-298i). - Rules of construction.

Sections 45a-458 to 45a-466, inclusive, shall be applied and construed so as to make uniform the law with respect to the subject of said sections among those states which enact them.
(P.A. 85-340, S. 9.)
History: Sec. 45-298i transferred to Sec. 45a-466 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468. - Short title: Uniform Transfer on Death Security Registration Act. Construction.

(a) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 shall be known and may be cited as the Uniform Transfer on Death Security Registration Act.
(b) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of said sections among states enacting it.
(c) Unless displaced by the particular provisions of sections 45a-468 to 45a-468m, inclusive, and section 45a-369, the principles of law and equity supplement their provisions.
(P.A. 97-42, S. 14.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468a. - Definitions.

As used in sections 45a-468 to 45a-468m, inclusive, and section 45a-369, unless the context otherwise requires:
(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) “Devisee” means any person designated in a will to receive a disposition of real or personal property.
(3) “Heir” means a person, including the surviving spouse, who is entitled under the statutes of intestate succession to the property of a decedent.
(4) “Person” means an individual, a corporation, an organization, a trustee of an inter vivos trust or other legal entity.
(5) “Personal representative” includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.
(6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(7) “Register”, including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(8) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) “Security” means a share, participation, or other interest in property, in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.
(10) “Security account” means (A) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (B) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
(P.A. 97-42, S. 1.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468b. - Registration in beneficiary form: Sole or joint tenancy ownership.

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.
(P.A. 97-42, S. 2.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468c. - Registration in beneficiary form: Applicable law.

A security may be registered in beneficiary form if the form is authorized by section 45a-468 to 45a-468m, inclusive, and section 45a-369 or a similar statutory provision of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by sections 45a-468 to 45a-468m, inclusive, and section 45a-369 or a similar statutory provision of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which a similar statutory provision to sections 45a-468 to 45a-468m, inclusive, and section 45a-369 is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
(P.A. 97-42, S. 3.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468d. - Designation of beneficiary.

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
(P.A. 97-42, S. 4.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468e. - Form of registration in beneficiary form.

Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD”, or by the words “pay on death” or the abbreviation “POD”, after the name of the registered owner and before the name of a beneficiary.
(P.A. 97-42, S. 5.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468f. - Effect of registration in beneficiary form.

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
(P.A. 97-42, S. 6.)