State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-401

      Sec. 45a-401. (Formerly Sec. 45-213b). Hearing on disallowed claims by Probate Court or commissioners. Appeals. Costs. (a) Whenever a fiduciary of any estate of a deceased person disallows, in whole or in part, the claim of any creditor against the estate, which claim has been presented within the time limited for presenting claims against the estate, such creditor may, in lieu of proceeding under section 45a-399, within thirty days after notice of such disallowance apply to the Court of Probate to receive and decide such claim or in the alternative may apply to said court for the appointment of one or more disinterested persons, at least one of whom shall be an attorney at law, admitted to practice in this state, to be a commissioner or commissioners to receive and decide upon such claim. The court may, in its discretion, grant the application, hear such claim if the application so requests or appoint such commissioner or commissioners, who shall be sworn to faithfully discharge their duties and shall have all the powers and duties concerning such claim that commissioners appointed under the provisions of sections 45a-406 and 45a-408 have with respect to claims against insolvent estates. The court shall notify the applicant and the fiduciary of the estate of its action on the granting or denying of the application within fifteen days after receipt of the application.

      (b) Upon application of such commissioner or commissioners or upon its own motion, the Court of Probate shall cause notice of the time and place of the hearing on said matter to be served by regular mail or as the court otherwise directs to such persons as the court may direct and the clerk of the Court of Probate shall mail such notices at least ten days before the hearing date.

      (c) If the application to receive and decide such claim by the court or for the appointment of a commissioner or commissioners is denied, the creditor may commence suit upon such claim in the manner provided by law within four months after the denial of the application.

      (d) Any person aggrieved by the actions of such commissioner or commissioners may appeal therefrom as provided in accordance with the provisions of section 45a-190 with respect to insolvent estates.

      (e) Any person aggrieved by the decision of the Court of Probate under this section may appeal therefrom as provided in section 45a-186.

      (f) Such commissioner or commissioners may be allowed such reasonable compensation and expenses as the judge of probate shall determine, the cost of which may be apportioned between the creditor and the estate as the judge shall direct. In the event that the judge of probate shall receive and decide a claim, costs shall not be assessed other than those permitted by sections 45a-105 and 45a-107.

      (P.A. 75-181, S. 1-3; P.A. 77-251; P.A. 80-476, S. 273; P.A. 84-294, S. 13; P.A. 93-279, S. 13; P.A. 95-316, S. 4.)

      History: P.A. 77-251 required that applicant and executor or administrator be notified of court action granting or denying application within 15 days after application received in Subsec. (a); P.A. 80-476 reorganized Subsecs. and restated provisions, substituting "fiduciary" for "executor or administrator" where appearing; P.A. 84-294 amended Subsec. (a) by deleting "or as provided under section 45-213" and adding "in lieu of proceeding under section 45-213"; Sec. 45-213b transferred to Sec. 45a-401 in 1991; P.A. 93-279 amended Subsec. (f) by adding reference to Sec. 45a-107; P.A. 95-316 amended Subsec. (b) by authorizing notice by regular mail rather than by registered or certified mail.

      Cited. 27 CA 333.