Sec. 45a-290. (Formerly Sec. 45-168). Administration with the will annexed and de bonis non.
Sec. 45a-290. (Formerly Sec. 45-168). Administration with the will annexed
and de bonis non. (a) If no person has been designated in a will to be executor, or if the
person designated in the will to be executor has died or refuses to accept or is incapable of
accepting such trust, and no alternate or successor has been named, the court shall commit the administration of the estate, with the will annexed, to any person or persons
in accordance with the order of priority for the appointment of administrators under
subsection (c) of section 45a-303, except that any person who is entitled to a bequest
or devise under such will, or his or her designee, shall have priority over a person who
is not so entitled, or on the objection of any one interested under such will or of any
creditor, which objection is found reasonable by the court, the court may commit the
administration of the estate, with the will annexed, to any person whom the court deems
proper, taking a probate bond.
(b) If during the settlement of an estate, the executor or the administrator with the
will annexed appointed by the court dies or resigns or is removed from such trust, and
no alternate or successor has been named in the will, the court shall appoint an administrator of the estate with the will annexed, de bonis non, subject to the same provisions
as to hearing, notice, waiver of or order dispensing with notice, selection of the administrator and bond, as are stated in this section and section 45a-286.
(c) If the person designated in the will to be executor has died or refuses to accept
or is incapable of accepting such trust, or if during the settlement of the estate, the
executor appointed by the court dies, or resigns or is removed from such trust, and the
will names an alternate or a successor, the court shall appoint such alternate or successor
executor named in said will as executor, who shall have all the powers and duties as
provided in the will. Such appointment shall be subject to the same provisions as to
hearing, notice, waiver of or order dispensing with notice, and bond, as are stated in
this section and sections 45a-286 and 45a-289.
(1949 Rev., S. 6961; P.A. 80-476, S. 248; P.A. 82-2, S. 1.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 82-2 amended Subsec. (a) to provide
for priority for appointment of administrators and added Subsec. (c) providing for appointment of alternate or successor
named in the will; Sec. 45-168 transferred to Sec. 45a-290 in 1991.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotations to former section 45-168:
Applies to estates of deceased residents only. 49 C. 420. Want of integrity or business experience not the "incapacity"
meant by this section. 61 C. 426. Court having approved executor named in the will cannot appoint an administrator with
the will annexed and such appointment is void. 67 C. 187. Duty of court to approve executor named in will; but foreign
corporation held incapable of acting. 74 C. 626. Source of executor's title. 67 C. 81; 74 C. 87. Effect of approval of executor
in another state where will probated there. 81 C. 681.
The appointment of an administrator de bonis non occurs only when the original fiduciary has resigned, died or been
removed. 21 CS 312.
Annotations to present section:
Subsec. (c):
Cited. 225 C. 919. Cited. 228 C. 439.
Probate court has no discretion to appoint as executor someone other than person named; testators are entitled to select
their own executors who may not be rejected unless excluded by common law or statute. 30 CA 334.