Sec. 45a-414. (Formerly Sec. 45-228). Suits against insolvent estates prohibited. Exceptions. Pending suits.
Sec. 45a-414. (Formerly Sec. 45-228). Suits against insolvent estates prohibited. Exceptions. Pending suits. Except for debts due the United States or the state or
for the expenses of the last sickness or funeral charges, suit shall not be brought against
the fiduciary of an estate in course of settlement as insolvent. If judgment has been
rendered against such fiduciary before the commencement of its settlement as an insolvent estate, execution shall not issue, but the creditor may exhibit his judgment to the
commissioners appointed by the Court of Probate to receive and decide upon the claims
of the creditors of the estate and receive his proportion of the estate with the other
creditors, and, if judgment has not been rendered, any pending suit, except of the classes
excepted above, shall abate; but, if such claim or any part thereof is allowed by the
commissioners, costs on such abatement shall not be allowed to the estate, and the
creditor may exhibit his claim and the accrued costs of suit to the commissioners, and
the costs contained in such judgment or accrued in such suit, if such claim is allowed,
wholly or in part, shall be preferred by the Court of Probate, if in its opinion the bringing
of such suit was necessary to protect the creditor's rights and not otherwise.
(1949 Rev., S. 7013; P.A. 80-476, S. 287.)
History: P.A. 80-476 restated provisions and substituted "fiduciary" for "executor or administrator"; Sec. 45-228 transferred to Sec. 45a-414 in 1991.
Annotations to former section 45-228:
Where the estate represented insolvent proves to be solvent, and executor has funds in his hands after settlement of his
account, when claimant may sue. 27 C. 267. Representing estate insolvent after judgment obtained does not bar judgment.
31 C. 276. Cited. 51 C. 20. Section refers to actions brought originally against executors, not to those brought in lifetime
of deceased. 88 C. 104; 98 C. 209.