2005 Connecticut Code - Sec. 45a-331. (Formerly Sec. 45-257e). Settlement of estate after ten years. Closure of estate for dormancy.

      Sec. 45a-331. (Formerly Sec. 45-257e). Settlement of estate after ten years. Closure of estate for dormancy. (a) Whenever for any cause the settlement of any decedent's estate after the appointment of a fiduciary has been delayed or not completed, the court of probate before which the same is pending may at its discretion proceed with the settlement of such estate, although more than ten years have elapsed since any proceedings have been taken, and in such case may make all such orders as might have been proper if such settlement had not been delayed.

      (b) In any such case in which it appears to the court that the fiduciary has neglected or refused to complete administration of the estate and the appointment of a successor fiduciary would serve no useful purpose, the court may hold a hearing, after giving public notice thereof and notice to the Commissioner of Revenue Services and such others as the court deems reasonable. Thereafter, on its own motion, the court may order and decree the estate closed for dormancy and the bond released without adjudication and the estate shall be closed and only reopened by further order of the court; provided the bond shall be released for future acts and not for any acts or misdeeds occurring during the period of administration of the estate.

      (1949 Rev., S. 6986; P.A. 77-261; 77-614, S. 139, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-476, S. 308.)

      History: P.A. 77-261 added provisions re hearing held when executor or administrator has neglected or refused to complete administration of estate and re court order to close estate for dormancy and release bond; P.A. 77-614 and P.A. 78-303 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 80-476 divided section into Subsecs. and replaced references to administrators and executors with references to fiduciaries; Sec. 45-201 transferred to Sec. 45-257e in 1981; Sec. 45-257e transferred to Sec. 45a-331 in 1991.

      Annotation to former section 45-201:

      Effect of laches after due presentation of antemortem claim never disallowed. 106 C. 610.

      Annotations to present section:

      Cited. 225 C. 919, 920. Cited. 228 C. 439-441.

      Cited. 30 CA 334, 339.

      Subsec. (a)

      Cited. 30 CA 334, 339.