Sec. 45a-408. (Formerly Sec. 45-215). Appointment of commissioners after time for presentation of claims has expired. Fiduciary to deliver claims and notify creditors.
Sec. 45a-408. (Formerly Sec. 45-215). Appointment of commissioners after
time for presentation of claims has expired. Fiduciary to deliver claims and notify
creditors. (a) When during the settlement of the estate of a deceased person, the fiduciary, after the expiration of the time limited by the Court of Probate for presenting
claims against the estate, represents the estate to be insolvent, the court shall appoint
commissioners to receive and decide upon the claims of creditors of the estate, proceeding in the manner prescribed in section 45a-406. Further time shall not be limited by
the court for presenting claims against the estate, unless the court in its discretion finds
such further limitation to be necessary.
(b) The fiduciary shall deliver to such commissioners immediately upon their appointment all claims against the estate which have been presented to him within the
time limited as provided in section 45a-395.
(c) The fiduciary shall cause notice of the names of such commissioners and of the
time and place of their meeting to be given to every person who has presented a claim
against the estate, and, if a further limitation is made, to every known creditor, in such
manner as the Court of Probate directs.
(1949 Rev., S. 7000; P.A. 80-476, S. 281.)
History: P.A. 80-476 divided section into Subsecs., restated provisions and substituted references to fiduciary for
references to executor or administrator; Sec. 45-215 transferred to Sec. 45a-408 in 1991.
See Sec. 45a-404 re authority to settle any estate as insolvent.
Annotations to former section 45-215:
When further time limited commissioners need not be reappointed. 39 C. 400. Cited. 63 C. 548; 94 C. 530; 105 C. 601.
Representing solvent estate as insolvent so as to have commissioner pass on claim. 10 CS 2. Representation of insolvency
must come from the fiduciary, not creditors of the deceased. 21 CS 492. Court has discretion as to whether commissioners
should be appointed. Id. This section was not designed for the purpose of reviving claims otherwise barred by the statute
of limitations. Id.
Annotation to present section:
Cited. 27 CA 333.