Sec. 45a-288. (Formerly Sec. 45-171). Recording of a will proved without this state.
Sec. 45a-288. (Formerly Sec. 45-171). Recording of a will proved without this
state. (a) When a will conveying property situated in this state has been proved and
established out of this state by a court of competent jurisdiction, the executor of such
will or any person interested in such property may present to the court of probate in
the district determined under the provisions of section 45a-287, an authenticated and
exemplified copy of such will and of the record of the proceedings proving and establishing the will and request that such copies be filed and recorded. The request shall be
accompanied by a complete statement in writing of the property and estate of the decedent in this state. If, upon a hearing, after such notice to the Commissioner of Revenue
Services and other parties in interest as the court orders, no sufficient objection is shown,
the court of probate shall order such copies to be filed and recorded, and they shall
thereupon become a part of the files and records of such court, and shall have the same
effect as if such will had been originally proved and established in such court of probate.
Notwithstanding any objection by said commissioner to the domicile of the decedent
as claimed on an application to place a will on file, the court may, in the absence of
objection by any other interested party, order the copies to be filed and recorded subject
only to a subsequent and final finding of domicile as provided in section 45a-309.
(b) Nothing in this section shall give effect to a will made in this state by an inhabitant
thereof which has not been executed according to the laws of this state.
(c) If the court of probate finds sufficient objection to such will, the applicant shall
offer competent proof of the contents and legal sufficiency of the will except that the
original thereof need not be produced unless so directed by the court of probate.
(1949 Rev., S. 6965; P.A. 77-614, S. 139, 610; P.A. 80-410, S. 5; 80-476, S. 246; P.A. 85-193, S. 4.)
History: P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979;
P.A. 80-410 made previous provisions Subsecs. (a) and (b), rephrasing them and adding reference to Sec. 45-170 as
amended by same act and replaced provision which stated that property is subject to all state laws governing inheritances,
successions and taxation with provision requiring proof of contents and legal sufficiency of will if court finds "sufficient
objection" to will, designated as Subsec. (c); P.A. 80-476 made minor wording changes, duplicating in part P.A. 80-410; P.A. 85-193 amended Subsec. (a) by adding provision re filing and recording of will notwithstanding objection by
commissioner to domicile of decedent; Sec. 45-171 transferred to Sec. 45a-288 in 1991.
Annotations to former section 45-171:
Decree of court of competent jurisdiction of another state finding domicile of testator to have been therein, conclusive
here. 50 C. 340 Effect of probate in another state. 67 C. 27. Power of courts of this state with reference to approving
executor who has qualified elsewhere; effect of failure to give notice of application for probate. 81 C. 685. Title cannot
pass by will of nonresident until it is probated here. 86 C. 707. Foreign administrator or executor cannot administer on
assets here or sue here without first obtaining ancillary administration; right to receive assets tendered him voluntarily. 92
C. 654. Appointment here, how secured. Id. Duty of court when foreign will offered for probate here. 93 C. 553.
Cited. 19 CA 456.