2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 802b Decedents' Estates
Sec. 45a-364. (Formerly Sec. 45-230m). Hearing on rejected claims by Probate Court or commissioners; costs.

      Sec. 45a-364. (Formerly Sec. 45-230m). Hearing on rejected claims by Probate Court or commissioners; costs. (a) Whenever a claim has been rejected, in whole or in part, as provided in section 45a-360, the person whose claim has been rejected may, within thirty days from and including the date of such rejection, make application to the Court of Probate to hear and decide such claim or, in the alternative, may apply to said court for the appointment of one or more disinterested persons, at least one of whom shall be an attorney-at-law, admitted to practice in this state, to be a commissioner or commissioners to hear and decide such claim. The Court of Probate shall not appoint as a commissioner any officer or employee of the Court of Probate or any person employed by or associated in the practice of law with the judge of said court. The court may, in its discretion, grant the application, hear and decide such claim if the application so requests or appoint such commissioner or commissioners to hear and decide such claim. The court shall notify the applicant and the fiduciary of its action granting or denying the application within fifteen days after receipt of the application.

      (b) Upon application of such commissioner or commissioners or upon its own motion, the Court of Probate shall give notice of the time and place set forth for the hearing to decide such claim to such persons as the court may direct at least ten days before the hearing date.

      (c) If the application to receive and decide such claim by the court or for the appointment of a commissioner or commissioners is denied, the claimant shall commence suit within one hundred twenty days from and including the date of the denial of his application or be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate.

      (d) (1) If the Court of Probate appoints more than one commissioner, it shall appoint an odd number of commissioners and a determination by a majority of such commissioners shall constitute the decision of the commissioners. (2) When any commissioner is unable to complete his duties, the Court of Probate may appoint a successor commissioner or allow the remaining commissioners to complete the duties of the commissioners. (3) The Court of Probate may remove any commissioner for cause and appoint another in his place.

      (e) The determination of such commissioner or commissioners shall be final on the date the report of such commissioner or commissioners is filed in the Court of Probate, and the court shall thereupon enter an order approving the report unless the court finds that the commissioner or commissioners were guilty of misconduct substantially affecting the validity of the report or that the report is clearly erroneous. Upon rejection of the report, the Court of Probate may hear and determine such claim or appoint a different commissioner or commissioners to hear and determine such claim as otherwise provided in this section.

      (f) Such commissioner or commissioners may be allowed such reasonable compensation and expenses as the Court of Probate shall determine, the cost of which may be apportioned between the creditor and the estate as the court shall direct. In the event that the Court of Probate shall receive and decide a claim, costs shall not be assessed other than those permitted by sections 45a-105 and 45a-107.

      (P.A. 87-384, S. 12; P.A. 94-66, S. 2, 3.)

      History: Sec. 45-230m transferred to Sec. 45a-364 in 1991; P.A. 94-66 amended Subsec. (f) to authorize the assessment of costs permitted by Sec. 45a-107, effective July 1, 1994.

      Cited. 42 CA 59.