Sec. 45a-128. (Formerly Sec. 45-20). Reconsideration, modification or revocation of order or decree.
Sec. 45a-128. (Formerly Sec. 45-20). Reconsideration, modification or revocation of order or decree. (a) Except as provided in subsection (e) of this section, any
order or decree made by a court of probate ex parte may, in the discretion of the court,
be reconsidered and modified or revoked by the court. Reconsideration may be made
on the court's own motion or, for cause shown satisfactory to the court, on the written
application of any interested person. Such motion or application shall be made or filed
before any appeal has been allowed or after withdrawal of all appeals which have been
allowed. For the purposes of this section, an ex parte order or decree is an order or decree
entered in a proceeding of which no notice is required to be given to any party and no
notice is given.
(b) Except as provided in subsections (a) and (e) of this section, any order or decree
other than a decree authorizing the sale of real estate made by a court of probate may,
in the discretion of the court, be reconsidered and modified or revoked by the court, on
the court's own motion or on the written application of any interested person. Such
application shall be made or filed within one hundred twenty days after the date of such
order or decree and before any appeal is allowed or after withdrawal of all appeals. The
court may reconsider and modify or revoke any such order or decree for any of the
following reasons: (1) For any reason, if all parties in interest consent to reconsideration,
modification or revocation, or (2) for failure to provide legal notice to a party entitled
to notice under law, or (3) to correct a scrivener's or clerical error, or (4) upon discovery
or identification of parties in interest unknown to the court at the time of the order or
decree.
(c) Upon any modification or revocation there shall be the same right of and time
for appeal as in the case of any other order or decree.
(d) A hearing may be held in the discretion of the court on any motion or application
for reconsideration, modification or revocation, and notice of the time and place of such
hearing shall be given, in such manner as the court shall order, to all persons to whom
notice of the order or decree to be reconsidered or notice of the hearings concerning
such order or decree, was given, and to all persons by whom any such notice was waived,
and to such other persons as the court may determine.
(e) Except as provided in section 45a-295, a decree or order made in reference to
any estate may not be modified or revoked by a court of probate as to assets lawfully
transferred or distributed prior to the date of issuance of notice of hearing on a motion
or application for reconsideration of such decree or order, or, if the court determines
not to hold any such hearing, prior to the date of the court's order of revocation or
modification.
(1949 Rev., S. 6828; P.A. 80-476, S. 60; P.A. 83-93.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive change; P.A. 83-93 revised provisions of section, deleting former provisions of Subsec. (a) and adding provisions re reconsideration,
modification or revocation of any order or decree made by a court of probate; Sec. 45-20 transferred to Sec. 45a-128 in 1991.
Annotations to former section 45-20:
Power to annul or modify orders made without notice or hearing may be necessarily implied. 31 C. 382. Verbal orders
of distribution perfected by formal order unappealed from conclusive. 38 C. 271. Whether order appointing administrator
can be revoked without notice, quaere. 39 C. 258. Court cannot admit new will after it has admitted one and estate is fully
settled. 76 C. 418. Grants discretionary power to administrator discussed. 81 C. 681. Decree entered after notice given in
compliance with the statutes and upon hearing is not ex parte, even as regards a party who had no actual notice. Id., 688;
129 C. 312. See note to Sec. 45-4. Power does not extend to final decree rendered after notice and hearing. 90 C. 530.
Court of probate has no power to revoke order of distribution made after notice to parties, after appeal therefrom has been
taken. 92 C. 25. Nor to set aside decrees ordering and accepting distribution although obtained by fraudulent concealment
of husband's statutory interest. 107 C. 284. Cited. 150 C. 109; 152 C. 205; Id., 530.
Cited. 9 CS 10; 23 CS 102.