Sec. 45a-151. (Formerly Sec. 45-231). Compromise and settlement of claims. Conveyance of real property.
Sec. 45a-151. (Formerly Sec. 45-231). Compromise and settlement of claims.
Conveyance of real property. (a) Upon application by executors, guardians, conservators, administrators and trustees appointed, or whose appointment has been approved,
by the Court of Probate, the court may, after such notice as the court shall direct and
hearing, authorize such fiduciaries to compromise and settle any doubtful or disputed
claims or actions, or any appeal from probate in favor of or against the estates or persons
represented by them.
(b) In order to accomplish such compromise or settlement, the court may, after
deduction of attorney's fees and costs, authorize such settlement as proposed by the
fiduciary in a lump sum or in periodic payments to the estate, to an existing trust or to
a newly created trust for the benefit of those represented by the fiduciary. Such trusts
may include those created in compliance with Section 1917(d)(4) of the Social Security
Act, 42 USC 1396p(d)(4), as from time to time amended. In the case of a gift or transfer
in trust, any transfer to a court-approved trust created by a fiduciary shall be subject to
continuing Probate Court jurisdiction as if it were a testamentary trust. In deciding
whether the net settlement as proposed by the fiduciary is beneficial, the court shall
consider the best interests of those represented by the fiduciary, and in the case of a
decedent's estate, the intention of the decedent. The court may also authorize the conveyance, with or without requiring a bond, of the whole or any part of, or any easement or
other interest in, any real property situated in this state forming part of the trust estate
or owned by any such trustee, executor or administrator or owned by any deceased
person, ward, conserved person or incapable person for whom such an executor, guardian, conservator or administrator was appointed.
(1949 Rev., S. 7016; P.A. 80-476, S. 73; P.A. 98-52, S. 6; 98-219, S. 20; 98-232, S. 1; P.A. 07-116, S. 26.)
History: P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted "real property" for "real estate";
Sec. 45-231 transferred to Sec. 45a-151 in 1991; P.A. 98-52 amended Subsec. (a) by deleting "public" before "notice";
P.A. 98-219 amended Subsec. (a) by deleting "trustees in insolvency" and "public" before "notice"; P.A. 98-232 amended
Subsec. (b) by adding provision that court may, after deduction of attorneys' fees and costs, authorize settlement in lump
sum or periodic payments to an existing or newly created trust, and any gift or transfer to court-approved trust shall be
subject to continuing probate court jurisdiction; P.A. 07-116 added reference to "conserved person" in Subsec. (b).
Annotations to former section 45-231:
Controversy arising out of distribution of property under invalid will may be settled under this statute by conservator
of a distributee. 71 C. 590. Claim for land may be settled by cash payment. 85 C. 50. Conclusiveness of finding that claim
is doubtful; inclusion in order of claim not presented properly. 86 C. 470. Whether probate court may authorize compromise
of right of a minor under a will, quaere. 110 C. 161. Extension by executor of time for payment of mortgage held by estate
is not within scope of this statute. 116 C. 65. Purpose of this statute is to protect fiduciary in payment of doubtful claims.
Id., 66; 127 C. 482; 133 C. 480. Agreement by conservator re distribution of surplus income from testamentary trust,
properly submitted to probate court. 127 C. 222. Provision of will that probate court is to determine if beneficiary is entitled
to receive income under trust, sustained. 131 C. 480. Cited. 134 C. 340. Section broad enough to include compromise
settlement to avoid threatened appeal from the admission of will to probate. (Former statute.) 145 C. 634. Right of attorney
to collect fee for effecting compromise under this section. 147 C. 225. Cited. Id., 406. Empowers probate court to settle
disputed claims provided trustee recognized claim. 160 C. 415.
Cited. 13 CA 45.
Position of executor under this section. 7 CS 205.