Sec. 45a-403. (Formerly Sec. 45-212). Payment of claims of fiduciary. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802b > Sec45a-403

      Sec. 45a-403. (Formerly Sec. 45-212). Payment of claims of fiduciary. A fiduciary shall not pay any personal claim of his own against the decedent's estate in his charge until such claim has been approved by the Court of Probate after public notice and hearing, unless the court, for cause shown, dispenses with such notice and hearing. If any such claim is wholly or partly secured, it may be paid at any time after such approval to the extent of the value of the security as appraised pursuant to section 45a-341. Any unsecured claim and the unsecured portion of any such claim shall not be paid until after such approval and until after the expiration of the time limited by the court for the presentation of claims.

      (1949 Rev., S. 6997; 1955, S. 2936d; 1957, P.A. 535; 1967, P.A. 558, S. 25; P.A. 80-476, S. 276.)

      History: 1967 act deleted provision which had authorized person interested in estate to petition court for appointment of commissioners "who shall hear and determine the validity and amount of such claim", and whose doings shall be subject to appeal as in other cases; P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-212 transferred to Sec. 45a-403 in 1991.

      Annotations to former section 45-212:

      Cited. 109 C. 509.

      Cited. 10 CS 4.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-403

      Sec. 45a-403. (Formerly Sec. 45-212). Payment of claims of fiduciary. A fiduciary shall not pay any personal claim of his own against the decedent's estate in his charge until such claim has been approved by the Court of Probate after public notice and hearing, unless the court, for cause shown, dispenses with such notice and hearing. If any such claim is wholly or partly secured, it may be paid at any time after such approval to the extent of the value of the security as appraised pursuant to section 45a-341. Any unsecured claim and the unsecured portion of any such claim shall not be paid until after such approval and until after the expiration of the time limited by the court for the presentation of claims.

      (1949 Rev., S. 6997; 1955, S. 2936d; 1957, P.A. 535; 1967, P.A. 558, S. 25; P.A. 80-476, S. 276.)

      History: 1967 act deleted provision which had authorized person interested in estate to petition court for appointment of commissioners "who shall hear and determine the validity and amount of such claim", and whose doings shall be subject to appeal as in other cases; P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-212 transferred to Sec. 45a-403 in 1991.

      Annotations to former section 45-212:

      Cited. 109 C. 509.

      Cited. 10 CS 4.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-403

      Sec. 45a-403. (Formerly Sec. 45-212). Payment of claims of fiduciary. A fiduciary shall not pay any personal claim of his own against the decedent's estate in his charge until such claim has been approved by the Court of Probate after public notice and hearing, unless the court, for cause shown, dispenses with such notice and hearing. If any such claim is wholly or partly secured, it may be paid at any time after such approval to the extent of the value of the security as appraised pursuant to section 45a-341. Any unsecured claim and the unsecured portion of any such claim shall not be paid until after such approval and until after the expiration of the time limited by the court for the presentation of claims.

      (1949 Rev., S. 6997; 1955, S. 2936d; 1957, P.A. 535; 1967, P.A. 558, S. 25; P.A. 80-476, S. 276.)

      History: 1967 act deleted provision which had authorized person interested in estate to petition court for appointment of commissioners "who shall hear and determine the validity and amount of such claim", and whose doings shall be subject to appeal as in other cases; P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-212 transferred to Sec. 45a-403 in 1991.

      Annotations to former section 45-212:

      Cited. 109 C. 509.

      Cited. 10 CS 4.