Sec. 45a-266. (Formerly Sec. 45-175a). Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate.
Sec. 45a-266. (Formerly Sec. 45-175a). Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against
assets of decedent's estate. (a) Where any property, subject to any lien, security interest
or other charge at the time of the decedent's death, is specifically disposed of by will,
passes to a distributee, or passes to a joint tenant under a right of survivorship, or where
the proceeds of any policy of insurance on the life of the decedent are payable to a named
beneficiary and such policy is subject to any lien, security interest or other charge, the
fiduciary, as defined in section 45a-353, is not responsible for the satisfaction of such
encumbrance out of the assets of the decedent's estate, unless, in the case of a will,
the testator has expressly or by necessary implication indicated otherwise. A general
provision in the will for the payment of debts is not such an indication.
(b) Any such encumbrance is chargeable against the property of the decedent or the
proceeds of a policy of insurance on the life of the decedent, subject thereto. Nothing in
this section imposes upon a testamentary beneficiary, distributee, joint tenant or named
insurance beneficiary any personal liability for the payment of the debt secured by such
encumbrance.
(c) Where any lien, security interest or other charge encumbers: (1) Property passing
to two or more persons, the interest of each such person shall, only as between such
persons, bear its proportionate share of the total encumbrance; (2) two or more properties, each such property shall, only as between the recipients thereof, bear its proportionate share of the total encumbrance.
(1971, P.A. 79, S. 1; P.A. 73-297; P.A. 80-476, S. 239; P.A. 87-384, S. 24; P.A. 90-230, S. 60, 101; P.A. 93-67.)
History: Section applicable with respect to all wills and codicils executed on and after October 1, 1971; P.A. 73-297
substituted "mortgage" for "secured debt" and "security interest"; P.A. 80-476 substituted "real property" for "real estate";
P.A. 87-384 deleted former provisions and added provisions re responsibility of fiduciary for encumbrances on property
of decedent or on proceeds of life insurance; P.A. 90-230 corrected an internal reference in Subsec. (a); Sec. 45-175a
transferred to Sec. 45a-266 in 1991; P.A. 93-67 applied provisions to property passing to a joint tenant under right of
survivorship.