Sec. 45a-326. (Formerly Sec. 45-257a). Partition or sale of undivided interest in decedent's estate. Notice. Hearing.
Sec. 45a-326. (Formerly Sec. 45-257a). Partition or sale of undivided interest
in decedent's estate. Notice. Hearing. (a) During the settlement of the estate of any
person who died owning an undivided interest in any property not specifically devised
or bequeathed, the executor or administrator of the estate and the owner or owners of
the major portion of the other interest therein may apply in writing to the court of probate
having jurisdiction of the estate to order partition of the same.
(b) Unless the petition for the partition of such interest in property is signed by all
the persons in interest, or the guardians of such of them as are minors, or the conservators
of such of them as are incapable persons having conservators, the court shall, following
public notice, fully hear the case and make all orders as the interests of the parties and
the estate demand. In such case the court shall not order partition unless upon full hearing
it appears that the best interests of the estate and of the parties concerned will be promoted
thereby.
(c) If, upon such petition, it is the opinion of the court of probate that a sale will
better promote the interests of the owners, or that the property cannot be beneficially
divided for the purpose of distribution, it may order the sale of any or all such property
in such manner and upon such notice as it deems expedient; but unless the petition for
the partition or sale of such interest in property is signed by all the persons in interest,
or the guardians of such of them as are minors, or the conservators of such of them as
are incapable persons having conservators, the court shall, following public notice, fully
hear the case and make all orders as the interests of the parties and the estate demand.
In such case the court shall not order sale unless upon full hearing it appears that the
best interests of the estate and of the parties concerned will be promoted thereby. An
order to sell pursuant to this section shall not be made until the executor, administrator
or person designated to sell gives a probate bond to secure the execution of his trust
according to the order of the court and according to law unless the probate court dispenses
with the requirement of a probate bond as provided in section 45a-169.
(d) The court may appoint for the purpose of partitioning such property a committee
of three disinterested persons, who shall be sworn and shall make a return of their actions
to the court according to the order thereof. Such partition, when so made and returned
to and accepted by the court, and all orders and decrees relating thereto, shall bind all
persons interested therein and their heirs.
(e) The portion set to the estate of the deceased person shall be treated as if the same
had been partitioned in the lifetime of such deceased person by a court of competent
jurisdiction.
(f) If the property so partitioned is real property, a copy of such decree shall be
recorded upon the land records of the town in which such land is situated.
(g) If the name or residence of any party entitled to share in the proceeds of property
so sold is unknown to the court and cannot be ascertained, it shall appoint a trustee for
the share of such party. Such trustee shall give a probate bond and shall hold such share
until demanded by the person or persons entitled thereto.
(1949 Rev., S. 7031; P.A. 80-476, S. 303.)
History: P.A. 80-476 divided section into Subsecs., reordering and restating provisions and inserted new provisions
designated as Subsec. (b) re authority of court to hear case and make orders re partition; Sec. 45-247 transferred to Sec.
45-257a in 1981; Sec. 45-257a transferred to Sec. 45a-326 in 1991.
Annotations to former section 45-247:
Held to mean a partition in the ordinary legal sense and not a distribution. 52 C. 421. Partition in kind as against partition
by sale discussed. 195 C. 368.
This section is not exclusive; the remedy it provides is in addition to that provided in 52-495. 4 CS 68. Cited. 18 CS
104; 19 CS 420.
Annotations to former section 45-257a:
Cited. 7 CA 522.
Subsec. (b):
Cited. 195 C. 368.
Subsec. (c):
Cited. 195 C. 368.