2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 802b Decedents' Estates
Sec. 45a-398. (Formerly Sec. 45-209). Determination of claims presented against solvent estate if fiduciary dies or is removed; period of limitation for suit on disallowed claims.

      Sec. 45a-398. (Formerly Sec. 45-209). Determination of claims presented against solvent estate if fiduciary dies or is removed; period of limitation for suit on disallowed claims. (a) A successor fiduciary of a decedent's estate not represented insolvent, may, when the original fiduciary has died or has been removed after the time limited for the presentation of claims against such estate has expired and the original fiduciary has not made a return of the notice given of the time so limited and of the claims presented in accordance therewith, apply to the court of probate having jurisdiction of such estate to determine what claims were presented to the original fiduciary within the time limited. Upon application by the successor fiduciary, after public notice to all persons interested, the court of probate shall hear and determine what claims, if any, were presented to the original fiduciary within the time limited. The court's determination shall, if unappealed from, be final and conclusive. Thereupon the successor fiduciary shall make a sworn return to the court of such claims as have been allowed and disallowed by him.

      (b) If any creditor who is found by the court to have presented his claim within the time limited does not, within four months after receiving written notice from the successor fiduciary that his claim is disallowed wholly or in part, commence suit against such successor fiduciary for the recovery thereof, he shall be barred of his claim against such estate, except such part as has been allowed.

      (1949 Rev., S. 6994; 1955, S. 2934d; P.A. 80-476, S. 271.)

      History: P.A. 80-476 divided section into Subsecs. and restated provisions, substituting references to original and successor fiduciaries for references to executors or administrators and administrators "de bonis non"; Sec. 45-209 transferred to Sec. 45a-398 in 1991.

      Annotation to former section 45-209:

      Suit by conservator for services to insane person allowable at least by implication. 5 CS 210.