Sec. 45a-297. (Formerly Sec. 45-188). Procedure if will is found after partial settlement.
Sec. 45a-297. (Formerly Sec. 45-188). Procedure if will is found after partial
settlement. When it appears to any court of probate, during proceedings before it for
the settlement of the estate of a deceased person as an intestate estate, that such deceased
person left a will, the court shall have power to revoke any order or decree granting
letters of administration upon such estate and any other order or decree made by the
court in the settlement of such estate as an intestate estate. The court may thereafter
proceed with the settlement of such estate under such will, upon notice to all parties in
interest as required in the settlement of testate estates. The acts already done in good
faith before the court revokes the order or decree granting administration by the administrator of such estate in the settlement thereof shall be deemed valid to the same extent
as if such letters had not been revoked. If an inventory and appraisal have been returned
to the court by such administrator, a further inventory or appraisal shall not be required,
except of property not included in such inventory. If an order limiting the time for the
presentation of claims against such estate has been passed and published, further time
shall not be required to be given for presentation of such claims.
(1949 Rev., S. 6976; P.A. 80-476, S. 253.)
History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-188 transferred to Sec. 45a-297
in 1991.
Annotations to former section 45-188:
Cited. 114 C. 545. Administrator removed upon admission of will has no interest entitling him to appeal. 117 C. 201.
Probate decree admitting will to probate and granting administration c.t.a. implicitly revoked and terminated the prior
intestate administration of the plaintiff. 167 C. 396.