Sec. 45a-139. (Formerly Sec. 45-34a). Probate bonds. Waiver, when.
Sec. 45a-139. (Formerly Sec. 45-34a). Probate bonds. Waiver, when. (a) As
used in this title, except as otherwise provided, "bond" or "probate bond" means a bond
with security given to secure the faithful performance by an appointed fiduciary of the
duties of the fiduciary's trust and the administration of and accounting for all moneys
and other property coming into the fiduciary's hands, as fiduciary, according to law.
(b) Except as otherwise provided, every bond or probate bond shall be payable to
the state, shall be conditioned for the faithful performance by the principal in the bond
of the duties of the principal's trust and the administration of and accounting for all
moneys and other property coming into the principal's hands, as fiduciary, according
to law, and shall be in such amount and with such security as shall be required by the
judge of probate having jurisdiction pursuant to rules prescribed by the Supreme Court.
If bond is required of a fiduciary, the fiduciary's appointment shall not be effective until
the bond has been accepted by the Court of Probate.
(c) A probate judge may waive the requirement of a bond if the assets of the estate
are less than twenty thousand dollars, or if the amount of the estate which is not restricted
by Probate Court order is less than ten thousand dollars.
(P.A. 80-227, S. 1, 24; P.A. 01-127, S. 4.)
History: P.A. 80-227 effective July 1, 1981; Sec. 45-34a transferred to Sec. 45a-139 in 1991; P.A. 01-127 made technical
changes for purposes of gender neutrality in Subsecs. (a) and (b) and added Subsec. (c) re waiver of bond if assets of estate
are less than $20,000 or if amount not restricted by court order is less than $10,000.
Subsec. (b):
Section does not operate to extend applicability of a bond where bond was limited to misappropriation related to a real
estate transaction, and not all misappropriations related to the estate, but rather Sec. 45a-164(b) applies. 269 C. 550.