Sec. 45a-322. (Formerly Sec. 45-254). Death of owner of real property or oyster grounds to be recorded. Penalty.
Sec. 45a-322. (Formerly Sec. 45-254). Death of owner of real property or
oyster grounds to be recorded. Penalty. (a) The fiduciary of the estate of any deceased
person who at the time of his death was the owner of any real property situated in this
state or any interest in or mortgage or lien upon real property so situated shall, within
two months after becoming qualified to act, lodge, with the town clerk of each town in
which such real property is situated, his certificate in writing, stating the fact and date
of the death of the decedent, the place where he last dwelt and whether the decedent
left a will. Such certificate shall be recorded in the land records of such town.
(b) When the decedent was at the time of his death the owner of any oyster ground
within the state jurisdiction, the fiduciary shall, within two months after becoming qualified to act, lodge such certificate, stating the area and location of such oyster ground,
with the Commissioner of Agriculture. Such certificate shall be recorded on the records
of the Commissioner of Agriculture.
(c) If any fiduciary fails to perform the duties imposed upon him by this section,
he shall, if the decedent was the owner of real property or any interest therein or mortgage
or lien thereon, forfeit and pay to the town in which such real property is situated the
sum of twenty-five dollars, and shall, if the decedent was the owner of such oyster
ground, forfeit and pay to the state the sum of twenty-five dollars, to be recovered in a
civil action against the fiduciary, or by an action upon his probate bond, in the name of
the town or state, as the case may be.
(1949 Rev., S. 7037; P.A. 80-476, S. 299; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 80-476 divided section into Subsecs., substituted references to fiduciaries for references to executors and
administrators, "real property" for "real estate" and "commissioner of agriculture" for "shellfish commissioners"; Sec.
45-254 transferred to Sec. 45a-322 in 1991; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with
Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30
Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective
June 1, 2004.
See Sec. 45a-450 re recordation of descent or distribution of real property of deceased persons.