State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-405

      Sec. 45a-405. (Formerly Sec. 45-227). Estate found solvent to pay interest on debts; claims of nonresident creditors; after-accruing claims. (a) When any estate of a deceased person in settlement as an insolvent estate proves to be solvent or more than sufficient to pay the amount of debts presented and allowed against it, the Court of Probate shall order the payment of the debts and of the charges of settling the estate and shall, in so ordering such payment, add interest upon such debts from the time to which interest had been allowed upon them by the commissioners or by the Superior Court on appeal to the time when payment is so ordered. If the estate is not sufficient to pay such interest in full, such amount as is left after paying the principal of such debts shall be applied pro rata to pay interest upon the claims allowed.

      (b) If any surplus remains after such payment of interest, the creditors who are not inhabitants of this state and who have not presented their claims to such commissioners may present the same at any time within six months after the expiration of the time limited by the court for the exhibition of claims. The commissioners shall proceed in regard to such claims in the same manner as in regard to those exhibited within said time. Upon the return of their report of such claims to the court, all parties in interest shall have the same rights as on their first report. The court shall order such claims as are established to be paid from such surplus, or, if such property is not sufficient therefor, then in proportion to the sum so found to be due.

      (c) When the settlement of any solvent estate has been commenced as an insolvent estate, the rights of all persons having claims against it subsequently accruing, which claims have not been exhibited to the commissioners thereon within the time limited for the exhibition of claims, shall be the same in respect to any property of such deceased person remaining after the payment of the claims allowed by the commissioners as such rights would have been in regard to such remaining property if such estate had always been treated as a solvent estate.

      (1949 Rev., S. 7012; P.A. 80-476, S. 278.)

      History: P.A. 80-476 rephrased previous provisions, designated them as Subsecs. (a) and (b) and added Subsec. (c) incorporating provisions formerly found in Sec. 45-226; Sec. 45-227 transferred to Sec. 45a-405 in 1991.

      See Sec. 45a-329 re settlement of estate upon presumption of death.

      Annotations to former section 45-227:

      Interest on claims generally. 88 C. 206.

      Cited. 10 CS 1; Id., 240; 17 CS 28.