State Codes and Statutes
Statutes > Connecticut > Title45a > Chap802b > Sec45a-395Sec. 45a-395. (Formerly Sec. 45-205). Effect of time for presenting claims to fiduciary. Effect of failure to present claim. Orders re extension of time. Amount of claim. Exceptions. (a) The Court of Probate may order the citation of the creditors of the deceased whose estate is in settlement before it to bring in their claims against such estate within such time, not more than twelve months or less than three months, from the date of such order, as it limits, by publishing a notice to that effect in a newspaper having a circulation in the probate district in which such estate is in settlement and by such further notice as the court deems necessary.
(b) If any creditor fails to exhibit his claim to the fiduciary or his attorney as directed in such order, within the time limited by such order, he shall be barred of his demand against such estate; but, when a right of action accrues after the time limited for the presentation of claims, it shall be exhibited within four months after such right of action accrues and shall be paid out of the estate remaining after the payment of the debts exhibited within the time limited.
(c) The court may, for cause shown upon hearing after public notice, limit a further time for the presentation of claims not exceeding the period which it might have originally limited. The court may, if any creditor, through no default of his own, has failed to present his claim within the time limited, for cause shown upon hearing after public notice, extend the time for such creditor to present his claim not more than thirty days beyond the period which it might have originally limited.
(d) Failure of a clerk of the Court of Probate to cause proper notice limiting the time for presentation of claims against such estates to be published as required by the probate order within ten days from the issuance of such order by the Court of Probate shall be deemed a noncompliance with such order and shall be cause for a further order of limitation to creditors.
(e) The amount of a claim may not be increased after the time for the presentation of such claim has expired.
(f) A notice of claim shall not be required under this section of any claim founded in tort or of any claim on which an action is pending in any court against the decedent at the time of his death.
(g) If any person against whom a claim founded in tort exists dies on the day the applicable statute of limitation expires or within thirty days prior to such day, a period of thirty days from the appointment of his executor or administrator shall be allowed within which to commence suit.
(1949 Rev., S. 6990; 1963, P.A. 217; February, 1965, P.A. 287; 1967, P.A. 558, S. 49; P.A. 77-26; P.A. 80-476, S. 268; P.A. 07-217, S. 163.)
History: 1963 act specified that amount of claim may not be increased after time for presentation of claim has expired; 1965 act specified that notice of claim is not required for claims on which court action was pending against decedent at time of his death; 1967 act imposed three months rather than six months as opening time for bringing claims against estate, applied notice of claim provision added in 1965 to claims "founded in tort" and added provision allowing 30-day period for commencement of suit where person against whom claim founded in tort exists dies on day statute of limitation expires; P.A. 77-26 clarified provisions, specifying that creditor must exhibit claim "to the fiduciary or his attorney ...", etc., required that clerk of probate court rather than executor or administrator be responsible for notice publication or posting and reduced deadline for notice from 30 to 10 days after order issued; P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-205 transferred to Sec. 45a-395 in 1991; P.A. 07-217 made a technical change in Subsec. (a), effective July 12, 2007.
See Sec. 3-53 re exhibition and notice of claims against estates.
Annotations to former section 45-205:
An existing debt the amount of which cannot be ascertained is not barred if not presented within time limited, but may be recovered afterwards if administrator has estate in his hands. K. 36; 6 C. 264. Failure of collector to pay taxes in time provided by bond a breach of condition by which right of action at once accrued and claim should have been presented against estate of surety within time limited. K. 315. Claim for contribution on joint debt must be presented. K. 424. Conditional claim barred unless exhibited. 2 R. 143; 10 C. 67. Failure to exhibit claim absolute bar. 2 R. 189. Claim accruing against estate of partner because of insolvency of other partner not barred. 4 D. 480. No objection that claim has been exhibited too soon. 10 C. 67; 49 C. 274. Time limited to be computed from date of order. 11 C. 298. How creditor of solvent estate should prosecute his claim. 13 C. 505. In computing time, day of order should be excluded. 19 C. 381. Presentation to one executor or administrator as effectual as if to all. 20 C. 400. Claim for trust funds need not be presented. 31 C. 260; 67 C. 443. This section simply limits preexisting right. 27 C. 260. Claim against sheriff for default of deputy presentable against his estate. 33 C. 115. Note of decedent "accrues" to payee who has negotiated same when the payee pays the same and may be presented within twelve months thereafter. 40 C. 168. Claims ought to be presented in writing. 44 C. 455; But see 56 C. 251. Method of collecting claim accruing after limitation. 45 C. 604. Cited. 48 C. 384; 63 C. 307; 70 C. 515. When claim "accrues". 50 C. 227; 66 C. 63. No provision for suspension of time during disability of claimant. 59 C. 161. Where no administrator, limitation does not begin to run until one is appointed. 61 C. 450. Complaint failing to allege presentation is defective. 63 C. 546; See 98 C. 209. Claim barred after six years, though court never made order limiting time for presentation. 75 C. 408. What presentation sufficient. 19 C. 584; 47 C. 442; 76 C. 144; 78 C. 313; 80 C. 21; 81 C. 264; 111 C. 653. Failure to present prevents further claim but does not destroy indebtedness. 78 C. 483. Debt secured by mortgage is payable from personality and presentation may not be necessary. 68 C. 198; 74 C. 96; id., 459; 78 C. 481; 79 C. 364. Right of administrator to waive presentation, quaere. 73 C. 399. Mistake as to signature of note presented of no consequence. 80 C. 414. Action to recover trust property brought 30 years after trustee's death. 83 C. 75. Letters of administrator cannot waive bar. 84 C. 54. Liability of estate on guaranty made by deceased. 67 C. 147. No presentation necessary in case of express trust. Id., 443; 69 C. 257. Claim must be based on obligation assumed by, or cast by law upon, deceased. 72 C. 167. Claim for stockholder's liability on unpaid subscription. 78 C. 595. Effect of failure of claimant to disclose security he holds. 88 C. 536. Claim of wife for property taken by husband and used as his own. 90 C. 231. Claim by relative to be closely scrutinized. 79 C. 644; 80 C. 19; 82 C. 331; 92 C. 308. If there is no expectation that services will be paid for, there can be no recovery. 82 C. 500. Claim based on promise to recompense services by will. 82 C. 647; 83 C. 34; On promise not to make a will. 96 C. 385. Claim of servant for extra compensation to be closely scrutinized 90 C. 611. Distinction between claim against estate and administration expense. 92 C. 504. When statute runs on claim against testamentary trustee for misappropriation. 93 C. 563. Statute also runs on breach of promise not to make a will in return for services rendered. 96 C. 388. Limitation does not apply to actions continued against administrator of estate of original defendant by virtue of survivorship statute; defense of failure to present claim must be specially pleaded. 98 C. 209. "Claims" includes unmatured debt. 111 C. 649. On creditor's application for extension of time question is not allowance of claim but whether presentment should be permitted. 121 C. 118. The phrase "for cause shown" discussed. Id., 119. "Claims" includes city taxes; failure of city to present claim bars recovery against estate for taxes on property in which decedent owned only a life interest. 123 C. 348-353. Claimant's ignorance that he should present claim is not ground for extension of time. Id., 360. Where cause of action is at least quasi in rem and not in personam, it is not an essential prerequisite to suit that a claim be presented. 138 C. 102. Upon application for an extension of time in which to file claim, applicant must show a claim prima facie of sufficient apparent merit to justify its presentation. Id., 425. See note to section 45-260. Cited. 145 C. 644. Failure to procure limitation of claims order; no duty to present claim. 153 C. 252. Purpose of statute. Id., 254. Cited as "statute of nonclaim". 158 C. 228. State is subject to bar established by section because it is "nonclaim" statute and not a "statute of limitations". Purpose of statute is to expedite and help in administration of estate. 160 C. 320. Statute of limitation must be raised in pleadings as special defense. Id., 415. Court did not abuse discretion in extending time for presentation of claim where claimant's attorney was both ill and mistaken as to last day for filing claim. 167 C. 619. Presentation of claim to administratrix before her appointment as such satisfied this section; section discussed. 170 C. 212. Cited. 171 C. 334. Cited. 185 C. 47. Nonclaim statute discussed. 186 C. 86. Cited. 191 C. 316. Cited. 202 C. 57. Cited. 210 C. 626.
Cited. 1 CA 535, 536. "Recoup is available defensively as long as plaintiff's cause of action exists. It may be asserted even though defendant's claim, as an independent suit, is barred by the statute of limitations." 4 CA 443. Cited. 25 CA 411.
Extension of time applies only to the creditor, who through no fault of his own fails to present his claim within the time limited by the probate court. 5 CS 28. Cited. Id., 210. Creditor must exhibit his claim within the fixed time; he cannot demand it by way of counterclaim later on. 11 CS 67; 13 CS 135. Extension not granted where applicant's claim originally conformed to statute and no evidence was presented to support the filing of an amended claim. Id., 33. Cited. 15 CS 432; 17 CS 8. Presentation of claim is condition precedent to legal recovery. 18 CS 396. Cited. 21 CS 395; 22 CS 243. Where plaintiff sued to compel executrix to execute papers necessary to perfect her rights in an invention, held she was not a creditor within meaning of this section. 24 CS 446. Indebtedness of decedent secured by mortgage on real estate in which decedent subsequently created joint tenancy in wife and self with the right of survivorship should be paid out of general estate, unless will shows contrary intent, whether or not mortgagee makes claim for payment. 27 CS 82. Statute, cannot be applicable to demands which do not exist or, if they do, are not sufficiently definite and capable of legal adjudication. Term "claim" does not encompass claims which are contingent or mere possibilities. Question of retroactive application of 1967 amendment to statute was not decided. 29 CS 9, 12. Cited. Id., 246. Cited. Compared to section 45-210. 33 CS 14; Id., 512. Statute is inapplicable to a Wisconsin estate since proof of claims is governed by the law of the state of administration. 36 CS 121.
Cited. 3 Conn. Cir. Ct. 497. 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 the provisions of this section. Id., 518, 519.
Subsec. (a):
Cited. 15 CA 649.
Subsec. (b):
Cited. 15 CA 649.
Annotations to present section:
Workers' compensation claims, which are not tort actions but a statutory substitute for such actions by employees against employers, are founded upon the theory of a contract existing between workman and employer and can be reduced to a money judgment, are more similar to contract claims, which are subject to the nonclaim statute, than to the types of claims that are not. 256 C. 456. Workers' compensation claims are subject to this section. Id.
Time limits of section not applicable to equitable claim of a resulting trust. 25 CA 411.
