2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 802b Decedents' Estates
Sec. 45a-402. (Formerly Sec. 45-210). Suit against solvent estate on disallowed claim. Limitation period. Suspension of limitation period. Tort actions.

      Sec. 45a-402. (Formerly Sec. 45-210). Suit against solvent estate on disallowed claim. Limitation period. Suspension of limitation period. Tort actions. (a) A creditor of any deceased person whose estate is in process of settlement as a solvent estate shall not commence a suit against a fiduciary of the estate within the period allowed by the court for the presentation of claims against the estate, unless written notice of a total or partial disallowance of his claim has been given by the fiduciary of the estate.

      (b) Unless such creditor commences a suit against the fiduciary within four months after written notice has been given him by the fiduciary that his claim is disallowed, wholly or in part, he shall be barred of his claim against the estate, except such part as has been allowed. If such creditor dies within such four months and before suit brought as provided in this section, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.

      (c) The running of any limitation period prescribed under any provision of chapter 925 or 926 and applicable to the claim of any such creditor, which limitation period would otherwise expire within the period allowed by the court for the presentation of claims against the estate, shall be suspended from the time of presentation of such claim until written notice of a total or partial disallowance of such claim has been given by the fiduciary or until the expiration of the period allowed by the court for presentation of claims, whichever is sooner.

      (d) This section shall not apply to any claim founded in tort, provided written notice thereof shall be given to the fiduciary.

      (1949 Rev., S. 6995; 1953, S. 2935d; 1959, P.A. 219; P.A. 80-476, S. 274.)

      History: 1959 act specified that section does not apply to claims founded in tort provided written notice is given to administrator or executor; P.A. 80-476 divided section into Subsecs., restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-210 transferred to Sec. 45a-402 in 1991.

      Annotations to former section 45-210:

      This statute a positive bar. 6 C. 30. Administrator may revoke former disallowance. 12 C. 164. Disallowance should be in unequivocal terms. 48 C. 385; 73 C. 323. Cited and discussed. 52 C. 139; 63 C. 307; Id., 546. Prior to act of 1901 creditor could bring suit within period allowed for presentation of claims. 73 C. 325. Effect of failure of court to limit time for presentation of claims. Id., 408. Claims carries interest from date of disallowance. 82 C. 572. Effect of judgment in such action. 83 C. 79. Question of variance between claim presented and complaint in suit. 96 C. 484. Disallowed claims barred under this statute only when claimant makes no attempt under Sec. 45-211, to obtain action by commissioners. 115 C. 605. Does not limit or modify Sec. 52-555. 134 C. 382. Commencement of action before claim presented; effect of supplemental complaint. 145 C. 579. Notice of disallowance is sufficient if it fairly puts the plaintiff on notice that suit is necessary to fully protect his interests. Id., 644. What constitutes an agreed extension for "a reasonable time". Id. Effect of death of debtor on running of statute of limitations. Id. Three methods of procedure for enforcement of claims against estates discussed. 150 C. 588. History discussed. 153 C. 58-61. Temporary administrator is not representative of estate to whom notice of a claim in tort must be given pursuant to this section. Id. Purpose of statute. Id., 254. Statute of limitations suspended until appointment of administrator. Id., 255, 256. Annotation to former section re commissioners on solvent estate: Failure to set-off claim against claimant of solvent estate will not bar subsequent action by estate. 150 C. 618. Decision re temporary administrator, supra., does not apply to notice presented to administratrix (Sec. 45-205) before her appointment as such. 170 C. 212.

      Cited. 1 CA 535. Cited. 3 CA 284. Cited. 15 CA 649.

      Cited. 11 CS 67. Failure to allege presentation of claim renders complaint defective. 15 CS 432. Statute of limitations for negligence actions suspended for period of time allowed for the presentation of claims. 17 CS 2. On an appeal from the doings of commissioners on a solvent estate, there is no right to a jury trial. 21 CS 160. Presentation of a claim is a condition precedent to recovery against a solvent estate. Id., 395. Cited. Id., 492. Annotation to former section re commissioners on solvent estate: On the appeal of the plaintiff from the doings of commissioners, the superior court is hearing the claim de novo. The defendant is not limited to the amount originally claimed before, or fixed by, the commissioners. Nor is he limited to the amount stated in the claim as originally presented to the executor. 22 CS 241. Time limitation applies to claim by state. Similar purpose to sec. 45-205, i.e., to facilitate the speedy settlement of estates. 33 CS 14. Disavowals of denial of claim more than four months after denial are immaterial. Section imposes an absolute, positive bar. Even if section is a statute of limitations, when plaintiff initially pleads facts he deems sufficient to avoid limitation, sufficiency may be tested by demurrer. Id., 512.

      This statute supersedes and supplants the ordinary statute of limitations. 3 Conn. Cir. Ct. 497. Sole requirement for notice given under this section is that it be unequivocal; it is not necessary to state limitation. Id., 498. Plaintiff's claim against administrator of decedent's estate that decedent's car, repossessed by defendant, rightfully belonged to him, was a claim founded in tort as opposed to an action in rem or quasi in rem and as such is subject to provisions of this section. Id., 518.