Sec. 45a-400. (Formerly Sec. 45-213a). Procedure when fiduciary ignores presented claim. Period of limitation. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802b > Sec45a-400

      Sec. 45a-400. (Formerly Sec. 45-213a). Procedure when fiduciary ignores presented claim. Period of limitation. Any claimant who has presented his claim in accordance with sections 45a-391 and 45a-395 to 45a-398, inclusive, who has not received written notice of the disallowance of his claim from the fiduciary, wholly or in part, within thirty days following the end of the limitation of time for presenting claims as set by the Court of Probate under section 45a-395 or any extension thereof, may give written notice to the fiduciary that he intends to bring suit upon said claim within four months after the date of such notice. If such claimant fails to bring suit within four months from the date of such notice, such claimant shall be barred from commencing an action on his claim against the fiduciary. If such claimant dies within such four months and before suit has been brought, a period of four months from the date of death shall be allowed to his executor or administrator within which to commence such suit.

      (P.A. 75-118; P.A. 80-476, S. 272.)

      History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" where occurring and made minor changes in wording; Sec. 45-213a transferred to Sec. 45a-400 in 1991.

      Annotation to former section 45-213a:

      Cited. 3 CA 284.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-400

      Sec. 45a-400. (Formerly Sec. 45-213a). Procedure when fiduciary ignores presented claim. Period of limitation. Any claimant who has presented his claim in accordance with sections 45a-391 and 45a-395 to 45a-398, inclusive, who has not received written notice of the disallowance of his claim from the fiduciary, wholly or in part, within thirty days following the end of the limitation of time for presenting claims as set by the Court of Probate under section 45a-395 or any extension thereof, may give written notice to the fiduciary that he intends to bring suit upon said claim within four months after the date of such notice. If such claimant fails to bring suit within four months from the date of such notice, such claimant shall be barred from commencing an action on his claim against the fiduciary. If such claimant dies within such four months and before suit has been brought, a period of four months from the date of death shall be allowed to his executor or administrator within which to commence such suit.

      (P.A. 75-118; P.A. 80-476, S. 272.)

      History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" where occurring and made minor changes in wording; Sec. 45-213a transferred to Sec. 45a-400 in 1991.

      Annotation to former section 45-213a:

      Cited. 3 CA 284.

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-400

      Sec. 45a-400. (Formerly Sec. 45-213a). Procedure when fiduciary ignores presented claim. Period of limitation. Any claimant who has presented his claim in accordance with sections 45a-391 and 45a-395 to 45a-398, inclusive, who has not received written notice of the disallowance of his claim from the fiduciary, wholly or in part, within thirty days following the end of the limitation of time for presenting claims as set by the Court of Probate under section 45a-395 or any extension thereof, may give written notice to the fiduciary that he intends to bring suit upon said claim within four months after the date of such notice. If such claimant fails to bring suit within four months from the date of such notice, such claimant shall be barred from commencing an action on his claim against the fiduciary. If such claimant dies within such four months and before suit has been brought, a period of four months from the date of death shall be allowed to his executor or administrator within which to commence such suit.

      (P.A. 75-118; P.A. 80-476, S. 272.)

      History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" where occurring and made minor changes in wording; Sec. 45-213a transferred to Sec. 45a-400 in 1991.

      Annotation to former section 45-213a:

      Cited. 3 CA 284.