Sec. 45a-341. (Formerly Sec. 45-202). Inventory to be filed. Property included in inventory. Appraisal. Time limits. Sale of personal property. Hearing.
Sec. 45a-341. (Formerly Sec. 45-202). Inventory to be filed. Property included
in inventory. Appraisal. Time limits. Sale of personal property. Hearing. (a)(1) An
inventory of all the property of every deceased person and insolvent debtor, except
real property situated outside the state, duly appraised, shall be made and signed under
penalty of false statement by the fiduciary.
(2) When any personal property of a deceased person or insolvent debtor is outside
of this state the court may receive an inventory of such property, accompanied by such
evidence of its value as it deems sufficient and signed under penalty of false statement
by the fiduciary.
(3) The inventory and appraisal of the estate of any deceased nonresident shall
include only such interest as the decedent had at the time of his or her death in the real
property and tangible personal property situated in this state and intangible personal
property, provided intangible personal property shall not be included if the proceeding
in this state with regard to such estate is ancillary to a proceeding in another jurisdiction.
(4) The fiduciary shall appraise or cause to be appraised such inventoried property
at its fair market value.
(b) (1) The fiduciary shall file the inventory in the court of probate having jurisdiction of the estate of the deceased person or insolvent debtor within two months after the
acceptance of the bond or other qualification of the fiduciary.
(2) The court may, for cause shown, extend the time for the filing of such inventory
to not more than four months from the qualification of the fiduciary.
(c) If the court grants administration of a decedent's estate to a person other than
(1) the person designated in the will as executor or successor to such executor, (2) the
surviving spouse, (3) any child of the decedent or any guardian of such child as the court
shall determine, (4) any grandchild of the decedent or any guardian of such grandchild
as the court shall determine, (5) the decedent's parents, (6) any brother or sister of the
decedent, or (7) the next of kin entitled to share in the estate, the fiduciary appointed
by the court shall file an inventory as required by this section prior to the sale, either
under a power in the will or under the laws of this state, of any property other than real
estate; except that if the fiduciary appointed is a state bank and trust company or national
banking association authorized to do business in this state, such fiduciary shall not be
required to file such an inventory of intangible personal property prior to sale. The
fiduciary shall send a copy of such inventory to each person interested in the estate and
shall notify each such person by regular mail, that a sale of certain items in the inventory
is contemplated. Such notice shall inform the recipient that he or she may object to such
sale by filing a notice of objection in writing with the court of probate having jurisdiction
of the estate of the decedent within five days after receipt of such notice of sale. Upon
receipt of such notice of objection, the court shall set a time and place for a hearing,
with notice to all persons interested in the estate.
(d) Notwithstanding the provisions of subsection (c) of this section, upon application by the fiduciary, the court may order a sale of personal property without a hearing
prior to the filing of an inventory and notice of sale, provided the court finds that an
expeditious sale is necessary for the protection of the estate and a delay would cause
irreparable harm to the estate.
(e) The fiduciary shall file an inventory containing a legal description of any real
estate of the decedent prior to a sale pursuant to sections 45a-162 to 45a-169, inclusive,
and sections 45a-427 and 45a-428.
(1949, Rev., S. 6987; 1953, S. 2932d; 1967, P.A. 558, S. 47; 1971, P.A. 863, S. 13; P.A. 77-614, S. 139, 610; P.A. 78-167, S. 3, 4, 7; P.A. 80-476, S. 256; P.A. 82-2, S. 3; P.A. 83-23; 83-520, S. 7; P.A. 95-316, S. 3; P.A. 99-84, S. 20; P.A.
01-127, S. 1.)
History: 1967 act deleted references to section numbers of 1949 revision of general statutes, required that all property
shall be appraised at fair market value, replacing provisions which had required appraisal by two or more disinterested
persons appointed by court and that cash and deposits be entered in inventory, added provisions requiring appraisal by one
or more disinterested persons appointed by court of items whose value parties cannot agree upon, specifying that such
appraisal supersedes previous appraisal and detailing procedure for filing appraisal and notifying tax commissioner who
may then file objection and deleted provision whereby costs of proceedings on objections are taxed in favor of prevailing
party; 1971 act deleted detailed provisions re appraisal procedure and notice requirements, deleted requirement that copy
of objection be sent to executor, administrator and/or tax commissioner, dependent upon who files objection, deleted
requirement that tax commissioner be sent a copy of application for administrator or probate of will and copy of will, added
references to tax returns and taxability and deleted provision which stated that value of estate as set forth in the accepted
inventory is basis for computing succession or inheritance tax, effective January 1, 1972, and applicable to estates of
persons dying on and after that date (all estates of persons dying before that date are subject to applicable succession or
inheritance tax laws previously in effect and such laws are continued in force for that purpose); P.A. 77-614 replaced tax
commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 78-167 specified that property
discovered after court ruling must be valued at more than five hundred $500 to affect ruling that estate is not subject to
succession or inheritance tax; P.A. 80-476 rephrased and rearranged provisions and deleted provisions re procedure on
objections, re court ruling that estate is not subject to tax and re court's power to correct error or mistake in certificate, but
see Sec. 45-203a; P.A. 82-2 added Subsecs. (c) to (f) providing procedure for sale of personal property by certain fiduciaries,
requiring the filing of a legal description of real estate prior to sale and requiring the filing of a return of sale after sale of
real estate or personal property of the decedent; P.A. 83-23 deleted the words "or trustee" in Subsec. (a)(1) and amended
Subsec. (c) by providing that a state bank and trust company or national banking association authorized to do business in
this state appointed as a fiduciary is not required to file an inventory of intangible personal property prior to sale; P.A. 83-520 amended Subsec. (a)(3) by adding proviso that intangible personal property shall not be included in inventory and
appraisal of the estate of a deceased nonresident if the proceeding in this state is ancillary to a proceeding in another
jurisdiction; Sec. 45-202 transferred to Sec. 45a-341 in 1991; P.A. 95-316 amended Subsec. (c) to change notice by certified
mail to notice by regular mail; P.A. 99-84 amended Subsec. (a) by deleting "sworn to" and inserting "signed under penalty
of false statement"; P.A. 01-127 made technical changes in Subsecs. (c) and (d) and eliminated Subsec. (f) re filing of
return of sale with court.
Annotations to former section 45-202:
Inventory not to be rejected because it contains property, title to which is disputed. K. 103. Suit may be maintained on
bond for fraudulent inventory. 1 D. 15. Inventory necessary on which to base order of sale. Id., 312. Duty of administrator
to inventory estate fraudulently conveyed by decedent. 3 C. 294; 11 C. 287; 52 C. 439; 60 C. 480. Condition of bond
broken by failure to return inventory within time stipulated. 5 C. 383. Omission to file inventory evidence that estate is
sufficient to pay all legacies. 7 C. 138. Administrator not liable for failure to inventory fraudulently assigned estate when
he has no knowledge of fraud. 8 C. 108. Court of probate may correct errors in inventories and receive new ones. 9 C. 197.
Assignment in trust to creditor, how inventoried. Id., 473. Real estate as well as personal to be inventoried. 12 C. 35.
Foreign judgment need not be inventoried here. 19 C. 248. General practice not to inventory open and unsettled accounts.
21 C. 243. Omission of trustee of assigned estate to inventory assets of debtor is not conclusive that assignment is fraudulent.
26 C. 426. Full value of property withheld from inventory, correct rule of damages. 32 C. 330. Additional inventory should
be made on finding more property. Id., 558. Cited. 66 C. 508. Nature and purpose of inventory. 67 C. 455; 77 C. 655.
Application to nonresident decedents. 76 C. 617. Application to property of resident decedent located outside the state;
right of court to require additional inventory. 77 C. 644; Id., 657. Law formerly did not require choses in action to be
inventoried; effect of collecting them. 80 C. 620. Burden of proof and evidence on application for correction of inventory
to include omitted property. 84 C. 659. Duty to inventory property fraudulently conveyed or where deed is not recorded.
85 C. 698. Rule of valuation. 91 C. 532. Cited. 110 C. 46. History of this section. 126 C. 139. Valuation should be made
as of date of death. Id., 144. The liability of a debtor could be in no way affected by the inventorying of or the failure to
inventory a chose in action. 138 C. 376. Cited. 169 C. 218.
Cited. 20 CS 262.
Annotations to present section:
Subsec. (a):
Cited. 239 C. 553.