Sec. 45a-378. (Formerly Sec. 45-230ff). Notice to creditors. Presentation of claims; effect of failure to present claim. Discretionary extension of time.
Sec. 45a-378. (Formerly Sec. 45-230ff). Notice to creditors. Presentation of
claims; effect of failure to present claim. Discretionary extension of time. (a) Within
fourteen days after the determination of insolvency, the Court of Probate shall cause
newspaper notice to be published at least once notifying all persons having claims to
present such claims to the fiduciary. Such notice shall state: (1) The name of the fiduciary
and the address at which claims should be presented; (2) that the estate has been found
insolvent and any creditor who fails to present his claim on or before the date specified
in such notice, which date shall be one hundred fifty days from the date of the determination of insolvency, shall be forever barred from asserting or recovering on any such
claim from the fiduciary, the estate of the decedent or any creditor of the estate. In the
event of a failure of publication of such notice, a defective publication of such notice,
or the death, resignation or removal of the fiduciary, the Court of Probate may, in its
sole discretion, order such supplemental publication of notice as it shall determine.
(b) The fiduciary shall give notice to all creditors of which the fiduciary has actual
knowledge that any creditor who fails to present any claim he may have to the fiduciary
on or before the date specified in such notice, which date shall be one hundred fifty days
from and including the date of the determination of insolvency, shall be forever barred
from asserting or recovering on any such claim from the fiduciary, the estate of the
decedent or any creditor of the estate. Such notice shall be given no later than thirty
days prior to the expiration of such one-hundred-fifty-day period and shall contain the
name and address of the fiduciary to whom claims must be presented.
(c) Any creditor who fails to present his claim to the fiduciary within one hundred
fifty days from the date of the determination of insolvency shall be forever barred from
asserting or recovering on such claim from the fiduciary, the estate of the decedent or
any creditor of the estate. Any creditor who presents his claim within such one-hundred-fifty-day period may not increase such claim after the expiration of such period. Such
one-hundred-fifty-day period shall begin on the date of the determination of insolvency
and shall not be interrupted or affected by any failure of publication or defective publication of the notice required by subsection (a) of this section, or by the death, resignation
or removal of a fiduciary, except that the time during which there is no fiduciary in
office shall not be counted as part of such period.
(d) Any creditor who, through no fault of his own, has failed to present his claim
within the time set forth in the notices given to said creditor pursuant to subsections (a)
and (b) of this section may submit an application for an extension of time to file such
claim with the Court of Probate within sixty days after the expiration of the time limited
to present claims. 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 and including the date of such
order, and no claim so presented shall be barred by the application of subsection (c) of
this section.
(e) Claims shall be presented in the manner set forth in section 45a-358.
(P.A. 87-384, S. 27; P.A. 90-45, S. 3.)
History: P.A. 90-45 reduced the time period for presenting claims to the fiduciary from 210 to 150 days from the
determination of insolvency; Sec. 45-230ff transferred to Sec. 45a-378 in 1991.