2019 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802b - Decedents’ Estates
Section 45a-288 - (Formerly Sec. 45-171). Recording of a will proved without this state.

(a) When a will conveying property situated in this state has been proved and established out of this state by a court of competent jurisdiction, the executor of such will or any person interested in such property may present to the Probate Court in the district determined under the provisions of section 45a-287 an authenticated and exemplified copy of such will and of the record of the proceedings proving and establishing the will and may request that such copies be filed and recorded. The request shall be accompanied by a complete statement in writing of the property and estate of the decedent in this state. If, upon a hearing, after such notice to the parties in interest as the court orders, no sufficient objection is shown, the Probate Court shall order such copies to be filed and recorded, and they shall thereupon become a part of the files and records of such court, and shall have the same effect as if such will had been originally proved and established in such court.

(b) Nothing in this section shall give effect to a will made in this state by a resident of this state which has not been executed according to the laws of this state.

(c) If the Probate Court finds sufficient objection to such will, the applicant shall offer competent proof of the contents and legal sufficiency of the will, except that the original thereof need not be produced unless so directed by the Probate Court.

(1949 Rev., S. 6965; P.A. 77-614, S. 139, 610; P.A. 80-410, S. 5; 80-476, S. 246; P.A. 85-193, S. 4; P.A. 16-7, S. 2.)

History: P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 80-410 made previous provisions Subsecs. (a) and (b), rephrasing them and adding reference to Sec. 45-170 as amended by same act and replaced provision which stated that property is subject to all state laws governing inheritances, successions and taxation with provision requiring proof of contents and legal sufficiency of will if court finds “sufficient objection” to will, designated as Subsec. (c); P.A. 80-476 made minor wording changes, duplicating in part P.A. 80-410; P.A. 85-193 amended Subsec. (a) by adding provision re filing and recording of will notwithstanding objection by commissioner to domicile of decedent; Sec. 45-171 transferred to Sec. 45a-288 in 1991; P.A. 16-7 amended Subsec. (a) by deleting provision re notice to Commissioner of Revenue Services and deleting provision re filing and recording of will notwithstanding objection of said commissioner, amended Subsec. (b) by replacing “an inhabitant thereof” with “a resident of this state”, and made technical changes.

Annotations to former section 45-171:

Decree of court of competent jurisdiction of another state finding domicile of testator to have been therein, conclusive here. 50 C. 340. Effect of probate in another state. 67 C. 27. Power of courts of this state with reference to approving executor who has qualified elsewhere; effect of failure to give notice of application for probate. 81 C. 685. Title cannot pass by will of nonresident until it is probated here. 86 C. 707. Foreign administrator or executor cannot administer on assets here or sue here without first obtaining ancillary administration; right to receive assets tendered him voluntarily; how appointment here secured. 92 C. 654. Duty of court when foreign will offered for probate here. 93 C. 553.

Cited. 19 CA 456.

Annotation to present section:

Subsec. (a):

Trial court properly determined “no sufficient objection” to will had been shown where no evidence presented that will did not comply with law of foreign jurisdiction re execution, that will was not properly probated or that record of proceedings establishing and proving will in the foreign jurisdiction were not in order, that plaintiff failed to request that copies of documents submitted be filed and recorded, or that plaintiff failed to provide a description of the property in Connecticut; requirements of Subsec. enumerated. 162 CA 412.