2012 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802b - Decedents’ Estates
Section 45a-413 - (Formerly Sec. 45-220). Commissioners’ report. Notice to claimants of disallowed claims. Hearing on objections. Appeal.

(a) The commissioners, as soon after the expiration of the time limited for presentation of claims as it may reasonably be done, shall report to the court a list of all the claims exhibited to them, specifying the claims and the amounts presented, allowed and disallowed.

(b) If any claim against any insolvent estate is disallowed, in whole or in part, by the commissioners, the fiduciary or trustee shall within six days after the return of the commissioners’ report, notify the claimant by registered or certified mail.

(c) (1) The court shall accept the commissioners’ report unless, upon written objection of an aggrieved party filed within fourteen days after the filing of the report and after a hearing upon such objection of which notice shall be given to all those who presented claims to the commissioners and to the representatives of the estate, the court finds that the commissioners were guilty of misconduct affecting the validity of the report as a whole. If the court so finds, it may reject the report and proceed, as provided in sections 45a-406 and 45a-408, to appoint the same or other commissioners to receive and decide upon the claims of creditors of the estate which were presented to the commissioners originally appointed. Upon such appointment the same proceedings shall be had for the determination of the validity of such claims as provided in said sections, except that notice of the time and place of their meeting shall not be given except to creditors who presented claims to the commissioners originally appointed.

(2) An appeal may be taken from the order of the court accepting or rejecting the report after such written objection.

(1949 Rev., S. 7005; P.A. 80-476, S. 286.)

History: P.A. 80-476 designated existing provisions as Subsecs. (a) and (c), changing wording slightly, and inserted new Subsec. (b) re notification of claimant when claim is disallowed to replace repealed Sec. 45-222; Sec. 45-220 transferred to Sec. 45a-413 in 1991.

Disallowance of claim conclusive. 2 R. 188; 13 C. 505; but only on claimant and estate. 32 C. 551. Court of probate has no power to expunge allowed claim from report. 2 C. 354. Jurisdiction of commissioners as to set-offs coextensive with that of courts of law and of equity. 6 C. 19. Commissioners have both legal and equitable powers 16 C. 195; 25 C. 158; 26 C. 373; 32 C. 541; 41 C. 559. Commissioners should allow partnership equally with individual claims. 21 C. 41. Commissioners not to marshal claims. 27 C. 246. Effect of payment of claim after allowance by commissioners. 30 C. 78. Allowance of claim against, no bar to recovery of claim in favor of estate. 37 C. 349. If claimant does not object to such course. 39 C. 22; 41 C. 75. Claim not presented may be used as set-off against claim in favor of estate. 49 C. 93. Finality of commissioners’ report in collateral proceeding. 71 C. 520. Cited. 141 C. 108.