Sec. 12-364. Certificate of release of lien. Regulations.
Sec. 12-364. Certificate of release of lien. Regulations. Any person shall, if the
Commissioner of Revenue Services finds, upon evidence satisfactory to him, that a
joint tenant of real property situated in this state has died and that the payment of any
succession tax with respect to the interest of such deceased joint tenant in such real
property is adequately assured, or that no succession tax will become due therefrom,
be entitled to a certificate of release of lien reciting that the Commissioner of Revenue
Services has released such real property from the operation of any lien for succession
taxes with respect to the interest of such deceased joint tenant in such real property
which shall be conclusive proof that such real property has been released from the
operation of such lien. Such certificate of release of lien may be recorded in the office
of the town clerk of the town in which such real property is situated. A finding by the
commissioner that the payment of such tax is adequately assured shall be based upon
the receipt by the commissioner of a bond or other security for an amount and with
surety satisfactory to him, conditioned upon the full payment of all succession taxes
with respect to the gross taxable estate of such deceased joint tenant or upon the payment
to the commissioner of an amount satisfactory to him on account of such tax or upon
the finding by the commissioner that an executor or administrator of the estate of such
deceased joint tenant has been duly appointed in this state and that the official bond of
such administrator or executor, or, if such administrator or executor is a corporation, its
financial responsibility, furnishes adequate protection for the payment of all succession
taxes. The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, that prescribe the circumstances under which a judge of the probate court
having jurisdiction of such estate is permitted to issue a certificate of release of lien,
based on a finding by said judge that payment of any succession tax with respect to
the interest of a deceased joint tenant in real property is adequately assured or that no
succession tax will become due from such property. The provisions of this section shall
not apply to estates of decedents dying on or after January 1, 2005.
(1953, S. 1149d; 1959, P.A. 327; P.A. 77-614, S. 139, 610; P.A. 90-30, S. 1, 3; P.A. 91-231, S. 4; June 18 Sp. Sess.
P.A. 97-3, S. 2, 8; June Sp. Sess. P.A. 05-3, S. 52.)
History: 1959 act provided for situation where no succession tax will become due; P.A. 77-614 substituted commissioner
of revenue services for tax commissioner, effective January 1, 1979; P.A. 90-30 eliminated required payment of a fee to
be entitled to a certificate of release of lien for succession tax; P.A. 91-231 provided for the acceptance of security other
than bonds by the commissioner; June 18 Sp. Sess. P.A. 97-3 replaced provision re filing of certificate in probate court
with provision re recording of certificate in the office of the town clerk and authorized the commissioner to adopt regulations
re circumstances under which probate judge may release tax lien in taxable estates and made technical changes, effective
January 1, 1998; June Sp. Sess. P.A. 05-3 added provision that section is not applicable to estates of decedents dying on
or after January 1, 2005, effective June 30, 2005.