Sec. 45a-357. (Formerly Sec. 45-230f). Optional notice procedures; effect of failure to present claim; discretionary extension of time; exoneration.
Sec. 45a-357. (Formerly Sec. 45-230f). Optional notice procedures; effect of
failure to present claim; discretionary extension of time; exoneration. (a) A fiduciary may at any time give notice to any person such fiduciary has reason to believe
may have a claim that, if such person fails to present any such claim to the fiduciary on
or before a date specified in such notice which date shall not be less than ninety days from
the date of such notice, such person will be forever barred from asserting or recovering on
any such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary
of the estate. Such notice shall contain the name and address of the fiduciary to whom
such claim must be presented. The fiduciary shall not be liable to any creditor, beneficiary or any other person for the decision of the fiduciary to use or refrain from using
this optional notice procedure.
(b) Any creditor notified in accordance with subsection (a) of this section, who fails
to present his claim to the fiduciary on or before the date specified in such notice shall
be forever barred from asserting or recovering on such claim from the fiduciary, the
estate of the decedent or any creditor or beneficiary of the estate. Any creditor who
presents his claim on or before the date specified in such notice may not increase such
claim following the expiration of such period.
(c) Any creditor who, through no fault of his own, has failed to present his claim
within the time set forth in the notice given to said creditor pursuant to subsection (a)
of this section may submit an application for an extension of time to file such claim
with the Court of Probate within one hundred eighty days from the date of such notice.
Upon such application, the Court of Probate may, upon hearing after notice, for cause
shown, enter an order extending the time for such creditor to present his claim for a
period of not more than thirty days from the date of such order, and no claim so presented
shall be barred by the application of subsection (b) of this section; provided no such
extension may be granted which would extend the period for presenting such claim
beyond the date upon which the statute of limitations applicable to such claim, including
any period of limitation established pursuant to section 45a-375, would otherwise have
expired.
(P.A. 87-384, S. 5; P.A. 89-202, S. 2.)
History: P.A. 89-202 deleted former Subsec. (b) re notice to creditors by fiduciary as requested by beneficiary, relettered
remaining Subsecs. and amended Subsec. (c) by adding prohibition of extension of time for presenting claim beyond statute
of limitation of Sec. 45-230x; Sec. 45-230f transferred to Sec. 45a-357 in 1991.