Sec. 45a-406. (Formerly Sec. 45-214). Appointment of commissioners to determine claims on insolvent estates; notice to creditors.
Sec. 45a-406. (Formerly Sec. 45-214). Appointment of commissioners to determine claims on insolvent estates; notice to creditors. (a) The Court of Probate shall
direct the fiduciary of the estate of a deceased person which is represented to be insolvent,
and the trustee of the estate of an insolvent debtor, to give public notice to all persons
in interest to appear if they see cause before the court, at a time and place appointed by
it and designated in the notice, to be heard relative to the appointment of commissioners
to receive and decide upon the claims of the creditors of the estate. After hearing, the
court shall appoint two or more disinterested persons to be such commissioners, who
shall be sworn to faithfully discharge their duties.
(b) Within ten days after appointment of commissioners the fiduciary shall cause
public notice to be given of the time and place of the commissioners' meeting and shall
also cause a copy of such notice to be sent to every known creditor of the estate.
(1949 Rev., S. 6999; P.A. 80-476, S. 279.)
History: P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted "fiduciary" for "executor or
administrator" where appearing; Sec. 45-214 transferred to Sec. 45a-406 in 1991.
See Sec. 3-53 re exhibition and notice of claims against estates.
Annotations to former section 45-214:
Creditor cannot be commissioner. 2 R. 203, 386. Disqualification of judges applied to commissioners. 9 C. 506; 13 C.
227; 19 C. 589; but see Sec. 45-225. Power to pass on claims belongs to commissioners alone. 10 C. 238; but see 37 C.
193. Brother of a creditor disqualified. 12 C. 141. Effect of commissioner's decisions. 37 C. 353; 45 C. 39; 51 C. 111.
"Known" creditors embraces all those claiming to be creditors and known to executor or administrator. 39 C. 399. Commissioners are independent tribunal. 43 C. 116. What notice necessary. 49 C. 424. No pleadings necessary before commissioners. 54 C. 524. Cited. 94 C. 530; 141 C. 108. Three methods of procedure for enforcement of claims against estates discussed.
150 C. 588.
This section was not designed to allow creditors to revive claims otherwise barred by lapse of time. 21 CS 492.
Annotation to present section:
Cited. 27 CA 333.