Sec. 45a-410. (Formerly Sec. 45-219). Claims not exhibited are barred. Newly discovered assets. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802b > Sec45a-410

      Sec. 45a-410. (Formerly Sec. 45-219). Claims not exhibited are barred. Newly discovered assets. Each creditor of an insolvent estate who does not exhibit his claim to the commissioners within the time limited shall be barred of his claim against the estate unless he can show some property not included in the inventory or accounted for by the fiduciary or trustee, in which case he shall notify the fiduciary or trustee, who shall make an additional inventory of such newly discovered property. In such case the Court of Probate shall examine his claim and allow what appears to be due him. After deducting the additional charges, the court shall order so much of the proceeds of such discovered property to be paid to such creditor as will make him equal to the other creditors, if it is sufficient; if not sufficient, the whole shall be paid to him, but, if more than sufficient, the surplus shall be divided ratably between him and the other creditors.

      (1949 Rev., S. 7004; P.A. 80-476, S. 283.)

      History: P.A. 80-476 rephrased provisions and substituted "property" for "estate" and "fiduciary" for references to executor or administrator; Sec. 45-219 transferred to Sec. 45a-410 in 1991.

      Annotations to former section 45-219:

      Discovery of additional estate must be after dividend is declared. 2 R. 423; 2 D. 313. One having claim arising after settlement of estate as insolvent, which proves solvent, may secure aid of court of equity to obtain property distributed to heirs in satisfaction of such claim. 5 D. 419. Administrator is liable for newly discovered estate. 1 C. 19. Claim accruing after time limited if estate prove solvent, not barred. 27 C. 83, Id., 263. Claim not exhibited may be used as an offset. 46 C. 277. Clear intelligent statement of claim is sufficient. Id., 429. Cited. 49 C. 92. Discussed. 67 C. 454. "Exhibit" does not mean to offer proof but only to present for consideration. 142 C. 126.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-410

      Sec. 45a-410. (Formerly Sec. 45-219). Claims not exhibited are barred. Newly discovered assets. Each creditor of an insolvent estate who does not exhibit his claim to the commissioners within the time limited shall be barred of his claim against the estate unless he can show some property not included in the inventory or accounted for by the fiduciary or trustee, in which case he shall notify the fiduciary or trustee, who shall make an additional inventory of such newly discovered property. In such case the Court of Probate shall examine his claim and allow what appears to be due him. After deducting the additional charges, the court shall order so much of the proceeds of such discovered property to be paid to such creditor as will make him equal to the other creditors, if it is sufficient; if not sufficient, the whole shall be paid to him, but, if more than sufficient, the surplus shall be divided ratably between him and the other creditors.

      (1949 Rev., S. 7004; P.A. 80-476, S. 283.)

      History: P.A. 80-476 rephrased provisions and substituted "property" for "estate" and "fiduciary" for references to executor or administrator; Sec. 45-219 transferred to Sec. 45a-410 in 1991.

      Annotations to former section 45-219:

      Discovery of additional estate must be after dividend is declared. 2 R. 423; 2 D. 313. One having claim arising after settlement of estate as insolvent, which proves solvent, may secure aid of court of equity to obtain property distributed to heirs in satisfaction of such claim. 5 D. 419. Administrator is liable for newly discovered estate. 1 C. 19. Claim accruing after time limited if estate prove solvent, not barred. 27 C. 83, Id., 263. Claim not exhibited may be used as an offset. 46 C. 277. Clear intelligent statement of claim is sufficient. Id., 429. Cited. 49 C. 92. Discussed. 67 C. 454. "Exhibit" does not mean to offer proof but only to present for consideration. 142 C. 126.

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-410

      Sec. 45a-410. (Formerly Sec. 45-219). Claims not exhibited are barred. Newly discovered assets. Each creditor of an insolvent estate who does not exhibit his claim to the commissioners within the time limited shall be barred of his claim against the estate unless he can show some property not included in the inventory or accounted for by the fiduciary or trustee, in which case he shall notify the fiduciary or trustee, who shall make an additional inventory of such newly discovered property. In such case the Court of Probate shall examine his claim and allow what appears to be due him. After deducting the additional charges, the court shall order so much of the proceeds of such discovered property to be paid to such creditor as will make him equal to the other creditors, if it is sufficient; if not sufficient, the whole shall be paid to him, but, if more than sufficient, the surplus shall be divided ratably between him and the other creditors.

      (1949 Rev., S. 7004; P.A. 80-476, S. 283.)

      History: P.A. 80-476 rephrased provisions and substituted "property" for "estate" and "fiduciary" for references to executor or administrator; Sec. 45-219 transferred to Sec. 45a-410 in 1991.

      Annotations to former section 45-219:

      Discovery of additional estate must be after dividend is declared. 2 R. 423; 2 D. 313. One having claim arising after settlement of estate as insolvent, which proves solvent, may secure aid of court of equity to obtain property distributed to heirs in satisfaction of such claim. 5 D. 419. Administrator is liable for newly discovered estate. 1 C. 19. Claim accruing after time limited if estate prove solvent, not barred. 27 C. 83, Id., 263. Claim not exhibited may be used as an offset. 46 C. 277. Clear intelligent statement of claim is sufficient. Id., 429. Cited. 49 C. 92. Discussed. 67 C. 454. "Exhibit" does not mean to offer proof but only to present for consideration. 142 C. 126.