2012 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802b - Decedents’ Estates
Section 45a-393 - (Formerly Sec. 45-204d). Payment of funeral and last illness expenses of married person.
The funeral expenses and expenses of the last illness of a married person shall be paid out of his or her estate, if sufficient therefor. If such estate is not sufficient therefor, such expenses shall be paid by his or her spouse.
(1949 Rev., S. 7047; 1953, S. 2944d; P.A. 77-288, S. 2; P.A. 80-476, S. 266.)
History: P.A. 77-288 applied provisions to expenses of last illness; P.A. 80-476 restated section; Sec. 46-11 transferred to Sec. 45-252a in 1979; Sec. 45-252a transferred to Sec. 45-204d in 1981; Sec. 45-204d transferred to Sec. 45a-393 in 1991.
Prior to 1895 different rule prevailed. 52 C. 426. To recover under this statute against husband, creditor must show insufficiency of wife’s estate. 104 C. 523 ff. Cited. 153 C. 363.
Cited. 4 CS 144. Husband responsible for wife’s funeral and child cannot be made to pay for it. 14 CS 275. In absence of divorce, husband has primary obligation of paying for wife’s burial and person advancing money for such purpose can recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may attack its validity. 23 CS 306.
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